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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99223-99224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28991]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-902]

Organic Soybean Meal From India: Final Results of Countervailing 
Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to certain producers and 
exporters of organic soybean meal from India. The period of review 
(POR) is September 3, 2021, through December 31, 2022.

DATES: Applicable December 10, 2024.

FOR FURTHER INFORMATION CONTACT: Peter Shaw, 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) 482-0697.

SUPPLEMENTARY INFORMATION: 

Background

    On May 30, 2024, Commerce published the Preliminary Results of this 
administrative review in the Federal Register and invited interested 
parties to comment.\1\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\2\ On 
September 30, 2024, we extended the time limit for these final results 
to December 3, 2024.\3\ For a complete description of the events that 
occurred since the publication of the Preliminary Results, see the 
Issues and Decision Memorandum.\4\
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    \1\ See Organic Soybean Meal from India: Preliminary Results and 
Partial Rescission of Countervailing Duty Administrative Review; 
2021-2022, 89 FR 46864 (May 30, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results,'' 
September 30, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Organic Soybean Meal from India; 2021-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order \5\
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    \5\ See Organic Soybean Meal from India: Countervailing Duty 
Order, 87 FR 29735 (May 16, 2022) (Order).
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    The merchandise covered by this Order is organic soybean meal from 
India. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of topics discussed in the Issues and Decision Memorandum is 
provided in the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file 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.

Changes Since the Preliminary Results

    Based on our analysis of comments from interested parties, we made 
certain changes to Shri Sumati Industries Private Limited's 
countervailable subsidy rate calculations from the Preliminary Results. 
For a full description of these changes, see the Issues and Decision 
Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found to be countervailable, we 
determine that there is a subsidy, i.e., a financial contribution by an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\6\ For a full description of the methodology 
underlying our conclusions, including our reliance on facts available 
with adverse inferences, pursuant to sections 776(a) and (b) of the 
Act, see the Issues and Decision Memorandum.
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of Review

    As a result of this review, Commerce determines the following net 
countervailable subsidy rates exist for the period September 3, 2021, 
through December 31, 2022:

[[Page 99224]]

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                                                                   Subsidy rate 2021        Subsidy rate 2022
                            Company                               (percent ad valorem)     (percent ad valorem)
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Shri Sumati Industries Private Limited........................                     8.82                     5.15
Shanti Worldwide..............................................                   261.80                   261.80
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in connection with these final results to interested parties 
within five days of its 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).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise covered by this review. Commerce intends 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of the final results of this review 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

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for each of the companies 
listed above for shipments of subject merchandise which entered, or 
were withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review. For all 
non-reviewed firms, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order (APO)

    This notice also serves as the final reminder to parties subject to 
an APO of their responsibility concerning the destruction of 
proprietary information disclosed under 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 or 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 sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 
and 351.221(b)(5).

    Dated: December 3, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether To Apply Adverse Facts Available (AFA) to the 
Duty Drawback Scheme (DDB)
    Comment 2: Whether To Apply AFA to the Interest Equalization 
Scheme (IES)
    Comment 3: Whether To Treat Transport and Marketing Assistance 
for Specified Agricultural Products (TMA) as a Non-Recurring Grant 
Program
VIII. Recommendation

[FR Doc. 2024-28991 Filed 12-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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