16458 Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 

1See Organic Soybean Meal from India: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 86 FR 60443 (November 2, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Decision Memorandum for 

the Final Determination in the Less-Than-FairValue Investigation of Organic Soybean Meal from 

India,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

3See Commerce’s Letter, ‘‘Organic Soybean Meal 

from India Antidumping Duty Investigation: 

Questionnaire in Lieu of Verification,’’ dated 

January 7, 2022; see also Bergwerff’s Letter, 

‘‘Organic Soybean Meal from India: In Lieu of 

Onsite Verification Questionnaire Response,’’ dated 

January 19, 2022. 

Producer/exporter 

Subsidy 

rate 

(percent 

ad 

valorem 

Columbus Stainless Steel Company (the operating division of 

the Columbus Joint Venture) .. 3.95 

All Others .................................... 3.95 

Administrative Protective Order 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the return or destruction of APO 

materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

Notification to Interested Parties 

Commerce is issuing and publishing 

these final results and this notice in 

accordance with sections 751(c), 752(b), 

and 777(i)(1) of the Act and 19 CFR 

351.218. 

Dated: March 16, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. History of the Order 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of a Countervailable Subsidy 

2. Net Countervailable Subsidy Likely to 

Prevail 

3. Nature of the Subsidy 

VII. Final Results of the Sunset Review 

VIII. Recommendation. 

[FR Doc. 2022–06075 Filed 3–22–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–901] 

Organic Soybean Meal From India: 

Final Affirmative Determination of 

Sales at Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that organic 

soybean meal from India is being, or is 

likely to be, sold in the United States at 

less than fair value (LTFV). 

DATES: Applicable March 23, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Huston, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4261. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 2, 2021, Commerce 

published the Preliminary 

Determination in this investigation.1 A 

summary of the events that occurred 

since Commerce published the 

Preliminary Determination, as well as a 

full discussion of the issues raised by 

parties for this final determination, may 

be found in the Issues and Decision 

Memorandum.2

Period of Investigation 

The period of investigation is January 

1, 2020, through December 31, 2020. 

Scope of the Investigation 

The product covered by this 

investigation is organic soybean meal 

from India. For a complete description 

of the scope of this investigation, see 

Appendix I. 

Scope Comments 

No interested party commented on the 

scope of the investigation as it appeared 

in the Preliminary Determination. 

Therefore, no changes were made to the 

scope of the investigation. 

Analysis of Comments Received 

All issues raised in the case briefs and 

rebuttal briefs submitted by interested 

parties in this proceeding are discussed 

in the Issues and Decision 

Memorandum. A list of the issues raised 

by parties and responded to by 

Commerce in the Issues and Decision 

Memorandum is attached to this notice 

as Appendix II. The Issues and Decision 

Memorandum is a public document and 

is available electronically via 

Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of an on-site verification to verify 

the information relied upon in making 

this final determination, in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act).3

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received and additional 

information obtained since our 

preliminary findings, we made certain 

changes to the margin calculations for 

Bergwerff Organic India Private Limited 

(Bergwerff), the sole cooperative 

respondent in this investigation, after 

the Preliminary Determination. For a 

discussion of these changes, see the 

Issues and Decision Memorandum. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage dumping margin for all other 

producers and exporters not 

individually investigated shall be equal 

to the weighted average of the estimated 

weighted-average dumping margins 

established for individually investigated 

exporters and producers, excluding any 

margins that are zero or de minimis or 

any margins determined entirely under 

section 776 of the Act. Commerce 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 16459 

calculated an individual estimated 

weighted average dumping margin for 

Bergwerff, the only individually 

examined exporter/producer in this 

investigation. Because the only 

individually calculated dumping margin 

is not zero, de minimis, or based 

entirely on facts otherwise available, the 

estimated weighted-average dumping 

margin calculated for Bergwerff is the 

margin assigned to all other producers 

and exporters, pursuant to section 

735(c)(5)(A) of the Act. 

Final Determination 

The estimated weighted-average 

dumping margins are as follows: 

Exporter/producer 

Estimated weighted 

average dumping 

margin 

(percent) 

Cash deposit rate 

(adjusted for 

subsidy offset(s)) 

(percent) 

Bergwerff Organic Private Limited/Suminter India Organic Private Limited ................................... 3.07 0.00 

Shanti Worldwide ............................................................................................................................. * 18.80 9.26 

Shri Sumati Oil Industries Pvt. Ltd .................................................................................................. * 18.80 9.26 

Navjyot International Pvt. Ltd .......................................................................................................... * 18.80 9.26 

Ish Agritech Pvt. Ltd ........................................................................................................................ * 18.80 9.26 

Satguru Organics Pvt. Ltd ............................................................................................................... * 18.80 9.26 

Radiance Overseas ......................................................................................................................... * 18.80 9.26 

Swastik Enterprises ......................................................................................................................... * 18.80 9.26 

Soni Soya Products Limited ............................................................................................................ * 18.80 9.26 

Raj Foods International ................................................................................................................... * 18.80 9.26 

Vantage Organic Foods Pvt. Ltd ..................................................................................................... * 18.80 9.26 

Shree Bhagwati Oil Mill ................................................................................................................... * 18.80 9.26 

Pragati Organics .............................................................................................................................. * 18.80 9.26 

All Others ......................................................................................................................................... 3.07 0.00 

* (Facts available with an adverse inference). 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this final 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of this notice 

in accordance with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, we will instruct 

U.S. Customs and Border Protection 

(CBP) to continue the suspension of 

liquidation of all appropriate entries of 

organic soybean meal, as described in 

Appendix I of this notice, which were 

entered, or withdrawn from warehouse, 

for consumption on or after November 

2, 2022, the date of publication of the 

Preliminary Determination in this 

investigation in the Federal Register. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act, we will instruct CBP to require 

a cash deposit equal to the estimated 

amount by which the normal value 

exceeds the U.S. price as follows: (1) 

The cash deposit rate for the respondent 

listed above will be equal to the 

respondent-specific estimated weightedaverage dumping margin determined in 

this final determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

respondent-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. These suspension of liquidation 

instructions will remain in effect until 

further notice. 

In the event that a countervailing duty 

(CVD) order is issued, and suspension of 

liquidation is resumed in the 

companion CVD investigation of 

soybean meal from India, Commerce 

will instruct CBP to require, for this 

antidumping duty investigation, cash 

deposits adjusted by the amount of 

export subsidies, as appropriate. These 

adjustments are reflected in the final 

column of the rate chart, above. Until 

such suspension of liquidation is 

resumed in the companion CVD 

investigation, and so long as suspension 

of liquidation continues under this 

antidumping duty investigation, the 

cash deposit rates for this antidumping 

duty investigation will be the rates 

identified in the estimated weightedaverage dumping margin column in the 

rate chart, above. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its final affirmative determination of 

sales at LTFV. Because the final 

determination in this proceeding is 

affirmative, in accordance with section 

735(b)(2) of the Act, the ITC will make 

its final determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, no later than 45 days 

after our final determination. If the ITC 

determines that material injury or threat 

of material injury does not exist, the 

proceeding will be terminated, and all 

cash deposits will be refunded. If the 

ITC determines that material injury or 

threat of material injury does exist, 

Commerce will issue an antidumping 

duty order directing CBP to assess, upon 

further instruction by Commerce, 

antidumping duties on all imports of the 

subject merchandise, entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding Administrative 

Protective Orders 

This notice serves as the only 

reminder to parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

notification of the return or destruction 

of APO materials or conversion to 

judicial protective order is hereby 

requested. Failure to comply with the 

regulations and the terms of an APO is 

a violation subject to sanction. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i) of the Act and 19 CFR 

351.210(c). 


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16460 Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 

Dated: March 17, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise subject to the 

investigation is certified organic soybean 

meal. Certified organic soybean meal results 

from the mechanical pressing of certified 

organic soybeans into ground products 

known as soybean cake, soybean chips, or 

soybean flakes, with or without oil residues. 

Soybean cake is the product after the 

extraction of part of the oil from soybeans. 

Soybean chips and soybean flakes are 

produced by cracking, heating, and flaking 

soybeans and reducing the oil content of the 

conditioned product. ‘‘Certified organic 

soybean meal’’ is certified by the U.S. 

Department of Agriculture (USDA) National 

Organic Program (NOP) or equivalently 

certified to NOP standards or NOP-equivalent 

standards under an existing organic 

equivalency or recognition agreement. 

Certified organic soybean meal subject to 

this investigation has a protein content of 34 

percent or higher. 

Organic soybean meal that is otherwise 

subject to this investigation is included when 

incorporated in admixtures, including but 

not limited to prepared animal feeds. Only 

the organic soybean meal component of such 

admixture is covered by the scope of this 

investigation. The products covered by this 

investigation are currently classified under 

the following Harmonized Tariff Schedule of 

the United States (HTSUS) subheadings: 

1208.10.0010 and 2304.00.0000. Certified 

organic soybean meal may also enter under 

HTSUS 2309.90.1005, 2309.90.1015, 

2309.90.1020, 2309.90.1030, 2309.90.1032, 

2309.90.1035, 2309.90.1045, 2309.90.1050, 

and 2308.00.9890. 

The HTSUS subheadings and 

specifications are provided for convenience 

and customs purposes; the written 

description of the scope is dispositive. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Use of Facts Otherwise Available and 

Adverse Inferences: Non-Cooperative 

and Non-Responsive Companies 

V. Changes Since the Preliminary 

Determination 

VI. Analysis of Comments 

Comment 1: Certain Direct Selling 

Expenses 

Comment 2: Bergwerff’s Affiliation with a 

Certain Supplier 

Comment 3: Bergwerff’s Affiliation with 

Supplying Farmers 

Comment 4: Bergwerff Allegedly Used 

Non-Organic Soybeans 

Comment 5: Whether AFA is Warranted for 

Bergwerff 

Comment 6: AFA for Non-Cooperative 

Selected Mandatory Respondents and 

Affiliates 

Comment 7: AFA Rate 

Comment 8: AFA Rate Subsidy Offset 

VII. Recommendation 

[FR Doc. 2022–06154 Filed 3–22–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Northeast Multispecies 

Reporting Requirements. 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on December 

17, 2021 during a 60-day comment 

period. This notice allows for an 

additional 30 days for public comments. 

Agency: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

Title: Northeast Multispecies 

Reporting Requirements 

OMB Control Number: 0648–0605. 

Form Number(s): None. 

Type of Request: Regular submission 

[revision and extension of a current 

information collection]. 

Number of Respondents: 1,339. 

Average Hours per Response: Sector 

Operations Plan & Annual Membership 

List Updates, 110 hours; Monitoring & 

Reporting Service Providers Application 

& Response to Denial, 10 hours; 

Monitoring System (database) for 

Discards, Sector Manager Weekly Catch 

Reports & Annual Reports, 18 minutes; 

Notification of Ejection from Sector; 30 

minutes; Transfer of Annual Catch 

Entitlement between Sectors, 5 minutes; 

Area & DAS Declaration—Groundfish 

Vessels Fishing under any NE 

Multispecies DAS, 5 minutes; VMS 

Daily Catch Reports—Average 5-day 

Length Trips, 15 minutes; Catch 

Reporting Requirements: US/Canada 

Area, CA II SAPs, Close Area I SAP, and 

Regular B Program, 15 minutes; At-Sea 

Monitoring & Reporting Requirements— 

Notifications & Database Requirements 

& Monitoring Costs, 24 minutes; NE 

Fishery Observer Notification, 5 

minutes; Trip Start/End Hails, 5 

minutes; DAS Transfer Program, 5 

minutes; Submission of Proposed 

Special Access Program (SAP), 20 

hours; Northwest Atlantic Fisheries 

Organization (NAFO) Reporting 

Requirements, 22.75 hours; DAS 

Leasing Request Form, 5 minutes; DAS 

Downgrade Request, 5 minutes; VMS 

Trip Catch Reports—1 Day or Less 

Trips, 15 minutes; Electronic 

Monitoring Program Requirements, 9 

hours; NAFO—Daily Observer Catch 

Report Information, 6 minutes. 

Total Annual Burden Hours: 196,983. 

Needs and Uses: This request is for 

the revision and extension of a current 

information collection. Under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the Secretary 

of Commerce has the responsibility for 

the conservation and management of 

marine fishery resources. We, National 

Oceanic and Atmospheric 

Administration’s (NOAA) National 

Marine Fisheries Service (NMFS), and 

the Regional Fishery Management 

Councils are delegated the majority of 

this responsibility. The New England 

Fishery Management Council (Council) 

develops management plans for fishery 

resources in New England. 

In 2010, we implemented a new suite 

of regulations for the Northeast (NE) 

multispecies fishery through 

Amendment 16 to the NE Multispecies 

Fishery Management Plan (FMP). This 

action updated status determination 

criteria for all regulated NE multispecies 

or ocean pout stocks; adopted 

rebuilding programs for NE multispecies 

(groundfish) stocks newly classified as 

being overfished and subject to 

overfishing; revised management 

measures, including significant 

revisions to the sector management 

measures (established under 

Amendment 13) necessary to end 

overfishing, rebuild overfished 

regulated NE multispecies and ocean 

pout stocks, and mitigate the adverse 

economic impacts of increased effort 

controls. It also implemented new 

requirements under Amendment 16 for 

establishing acceptable biological catch, 

annual catch limits (ACLs), and 

accountability measures for each stock 

managed under the FMP, pursuant to 

the Magnuson-Stevens Act. 

Sectors are a management tool in the 

groundfish fishery. A sector consists of 

three or more limited access NE 

multispecies vessel permits, with 

distinct ownership, who voluntarily 

enter into a contract to manage their 

fishing operations and to share liability. 


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