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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97589-97590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28757]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-901]

Organic Soybean Meal From India: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review; 2021-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) finds that Shanti 
Worldwide (Shanti) made sales of subject merchandise at less than 
normal value during the period of review (POR) November 2, 2021, 
through April 30, 2023. Additionally, we are rescinding the review with 
respect to Shri Sumati Industries Pvt. Ltd. (Sumati), because we find 
that they did not make bona fide sales during the POR.

DATES: Applicable December 9, 2024.

FOR FURTHER INFORMATION CONTACT: Sarah Keith, 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) 482-0264.

SUPPLEMENTARY INFORMATION: 

Background

    On June 5, 2024, Commerce published the preliminary results of the 
2021-2023 administrative review of the antidumping duty order on 
organic soybean meal from India.\1\ We invited interested parties to 
comment on the Preliminary Results.\2\ No interested parties submitted 
comments; thus, no decision memorandum accompanies this notice. The 
Preliminary Results are hereby adopted as the final results of this 
review. Commerce conducted this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Organic Soybean Meal from India: Preliminary Results, 
Preliminary Intent to Rescind, in part, and Partial Rescission of 
Antidumping Duty Administrative Review; 2021-2023, 89 FR 48147 (June 
5, 2024) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Preliminary Results.
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Scope of the Order \3\
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    \3\ See Organic Soybean Meal from India: Antidumping Duty Order, 
87 FR 29737 (May 16, 2022) (Order).
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    The merchandise subject to the Order is organic soybean meal from 
India. A full description of the scope of the Order is provided in the 
Preliminary Results.\4\
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    \4\ See Preliminary Results PDM at 3.
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Recission of Administrative Review, in Part

    In the Preliminary Results, we stated that we intended to rescind 
this review with respect to Sumati for which we preliminarily found 
that Sumati did not make a bona fide sale of organic soybean meal 
during the POR.\5\ No party filed comments with respect to this 
preliminary finding. Therefore, we are rescinding the administrative 
review with respect to this company.
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    \5\ See Memorandum, ``Preliminary Bona Fide Sales Analysis for 
Shri Sumat Industries Pvt. Ltd.,'' (June 5, 2024); see also 
Preliminary Results PDM at 4-5.
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Final Results of the Review

    We determine the following estimated weighted-average dumping 
margins for the period November 2, 2021, through April 30, 2023.

[[Page 97590]]

------------------------------------------------------------------------
                                                               Weight-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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Shanti Worldwide...........................................       18.80
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Disclosure

    Because Commerce received no comments on the Preliminary Results, 
we have not modified our analysis. Consequently, there are no 
calculations to disclose in accordance with 19 CFR 351.224(b) for these 
final results.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. If the weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.50 percent), upon completion of the final 
results, Commerce intends to calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for each importer's examined sales to the total entered 
value of those sales. Where we do not have entered values for all U.S. 
sales to a particular importer, we will calculate an importer-specific, 
per-unit assessment rate on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
quantity of those sales.\6\ To determine whether an importer-specific, 
per-unit assessment rate is de minimis, in accordance with 19 CFR 
351.106(c)(2), we also will calculate an importer-specific ad valorem 
ratio based on estimated entered values. Where the weighted-average 
dumping margin is zero or de minimis, or an importer-specific ad 
valorem assessment rate is zero or de minimis, we will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\7\
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    \6\ See 19 CFR 351.212(b)(1).
    \7\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by 
Shanti for which it did not know that the merchandise it sold to the 
intermediary (e.g., reseller, trading company, or exporter) was 
destined for the United States, we will instruct CBP to liquidate such 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\8\
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    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the company for which we are rescinding this review, we will 
instruct CBP to assess antidumping duties on all appropriate entries at 
a rate equal to the cash deposit of estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, in 
accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue 
these rescission instructions to CBP no earlier than 35 days after the 
publication of this notice in the Federal Register.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these final results in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
under review will equal to the dumping margin established in the final 
results of this review for each respondent (except, if that rate is de 
minimis, then the cash deposit rate will be zero); (2) for producers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this 
proceeding in which they were reviewed; (3) if the exporter is not a 
firm covered in this review or a prior segment of the proceeding but 
the producer is, then the cash deposit rate will be the rate 
established for the most recently completed segment of this proceeding 
for the producer of the merchandise; and (4) the cash deposit rate for 
all other producers or exporters will continue to be 3.07 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\9\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Order.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of this review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: December 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-28757 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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