49514 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices 

17See section 751(a)(3)(A) of the Act; and 19 CFR 

351.213(h)(1). 

18See 19 CFR 351.212(b)(1). 

19See Notice of Discontinuation of Policy to Issue 

Liquidation Instructions After 15 Days in 

Applicable Antidumping and Countervailing Duty 

Administrative Proceedings, 86 FR 3995 (January 

15, 2021). 

1See Organic Soybean Meal from India: Initiation 

of Countervailing Duty Investigation, 86 FR 22136 

(April 27, 2021) (Initiation Notice). 2See Organic Soybean Meal from India: 

Postponement of Preliminary Determination in the 

Countervailing Duty Investigation, 86 FR 29742 

(June 3, 2021). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Countervailing Duty Investigation of Organic 

Soybean Meal from India,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See 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. 

7See sections 776(a) and (b) of the Act. 

issues raised by the parties in their 

briefs, within 120 days of the date of 

publication of this notice in the Federal 

Register.17

Assessment Rates 

Upon issuance of the amended final 

results of review, Commerce will 

determine, and CBP shall assess, 

antidumping duties on all appropriate 

entries covered by the amended final 

results of review.18 Commerce intends 

to issue assessment instructions to CBP 

no earlier than 35 days after the date of 

publication of the amended final results 

of this review in the Federal Register.19

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 cash deposit rate for Fufeng will 

be equal to the dumping margin 

established for Fufeng in the amended 

final results of this review (if the 

dumping margin is zero or de minimis, 

then a cash deposit rate of zero will be 

required). For information regarding the 

cash deposit requirements established 

for other companies in this segment of 

the proceeding, see the Final Results. 

This cash deposit requirement, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) 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. 

Notification to Interest Parties 

These amended preliminary results of 

administrative review are issued and 

published in accordance with sections 

751(a)(l) and 777(i)(l) of the Act, and 19 

CFR 351.213(h)(1). 

Dated: August 30, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–19065 Filed 9–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–902] 

Organic Soybean Meal from India: 

Preliminary Affirmative Countervailing 

Duty Determination and Alignment of 

Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

organic soybean meal from India. The 

period of investigation is January 1, 

2020, through December 31, 2020. 

Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable September 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Caserta, 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) 482–4737. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on April 27, 2021.1 On June 3, 2021, 

Commerce postponed the preliminary 

determination of this investigation and 

the revised deadline is now August 30, 

2021.2 For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

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 http://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at http://enforcement.trade.gov/frn/. 

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 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e., scope).5 No interested 

party commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

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

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.7 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices 49515 

8See Petitioners’ Letter, ‘‘Organic Soybean Meal 

from India: Petitioners’ Request to Align the 

Countervailing Duty Final Determination with 

Antidumping Duty Final Determination,’’ dated 

August 23, 2021. 

9As discussed in the Preliminary Decision 

Memorandum, Commerce has found the following 

companies to be cross-owned with Bergwerff: 

Suminter India Organics Private Limited. 

10See Preliminary Decision Memorandum at 

section VII, ‘‘Use of Facts Otherwise Available and 

Adverse Inferences.’’ 

11 Id. 

12 Id. 

13 Id. 

14 Id. 

15 Id. 

16 Id. 

17 Id. 

18 Id. 

19See 19 CFR 351.309; see also Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19, 85 FR 17006, 17007 (March 26, 2020) 

(Temporary Rule); and 19 CFR 351.303 (for general 

filing requirements). 

20See Temporary Rule, 85 FR 17006; see also 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020). 

final countervailing duty (CVD) 

determination in this investigation with 

the final determination in the 

companion antidumping duty (AD) 

investigation of organic soybean meal 

from India based on a request made by 

the petitioners.8 Consequently, the final 

CVD determination will be issued on 

the same date as the final AD 

determination, which is currently 

scheduled to be issued no later than 

January 10, 2022, unless postponed. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. Pursuant to section 

705(c)(5)(A)(i) of the Act, this rate shall 

normally be an amount equal to the 

weighted average of the estimated 

subsidy rates established for those 

companies individually examined, 

excluding any zero and de minimis rates 

and any rates based entirely under 

section 776 of the Act. 

In this investigation, the only 

individually calculated rate that is not 

zero, de minimis or based entirely on 

facts otherwise available is the rate 

calculated for Bergwerff Organic India 

Private Limited (Bergwerff). 

Consequently, the rate calculated for 

Bergwerff is also assigned as the rate for 

all other producers and exporters not 

individually examined in this 

investigation. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy 

rate 

(percent) 

Bergwerff Organic India Private 

Limited 9 .................................. 7.05 

Shanti Worldwide ........................ 266.37 

Shri Sumati Oil Industries Pvt. 

Ltd ........................................... 266.37 

Navjyot International Pvt. Ltd ..... 266.37 

Ish Agritech Pvt. Ltd 10 ............... 266.37 

Satguru Organics Pvt. Ltd 11 ...... 266.37 

Radiance Overseas 12 ................ 266.37 

Swastik Enterprises 13 ................ 266.37 

percent 

Soni Soya Products Limited 14 ... 266.37 

Raj Foods International 15 .......... 266.37 

Vantage Organic Foods Pvt. 

Ltd 16 ....................................... 266.37 

Shree Bhagwati Oil Mill 17 .......... 266.37 

Pragati Organics 18 ..................... 266.37 

Company 

Subsidy 

rate 

(percent) 

All Others .................................... 7.05 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. Normally, 

Commerce verifies information using 

standard procedures, including an onsite examination of original accounting, 

financial, and sales documentation. 

While we consider the possibility of 

conducting an on-site verification for 

some of the information submitted by 

the respondents, we may also need to 

verify the information relied upon in 

making the final determination through 

alternative means in lieu of an on-site 

verification. Commerce intends to notify 

parties of its verification procedures. 

Public Comment 

Interested parties will be notified of 

the timeline for the submission of case 

briefs and written comments at a later 

date. Rebuttal briefs, limited to issues 

raised in case briefs, may be submitted 

no later than seven days after the 

deadline date for case briefs.19 Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.20 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this investigation are encouraged to 

submit with each argument: (1) A 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 


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49516 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices 

1See Hydrofluorocarbon Blends from the People’s 

Republic of China: Preliminary Results of the 

Antidumping Duty Administrative Review and 

Rescission of Antidumping Duty Administrative 

Review, in Part; 2019–2020, 86 FR 24587 (May 7, 

2021) (Preliminary Results). 

2For further details of the issues addressed in this 

proceeding, see Preliminary Results and 

accompanying Preliminary Decision Memorandum. 

3See Hydrofluorocarbon Blends from the People’s 

Republic of China: Antidumping Duty Order, 81 FR 

55436 (August 19, 2016) (Order). 

4R–404A is sold under various trade names, 

including Forane® 404A, Genetron® 404A, 

Solkane® 404A, Klea® 404A, and Suva®404A. R– 

407A is sold under various trade names, including 

Forane® 407A, Solkane® 407A, Klea®407A, and 

Suva®407A. R–407C is sold under various trade 

names, including Forane® 407C, Genetron® 407C, 

Solkane® 407C, Klea® 407C and Suva® 407C. R– 

410A is sold under various trade names, including 

EcoFluor R410, Forane® 410A, Genetron® R410A 

and AZ–20, Solkane® 410A, Klea® 410A, Suva®

410A, and Puron®. R–507A is sold under various 

trade names, including Forane® 507, Solkane® 507, 

Klea®507, Genetron®AZ–50, and Suva®507. R–32 is 

sold under various trade names, including 

Solkane®32, Forane®32, and Klea®32. R–125 is sold 

under various trade names, including Solkane®125, 

Klea®125, Genetron®125, and Forane®125. R–143a 

is sold under various trade names, including 

Solkane®143a, Genetron®143a, and Forane®125. 

5See Order. Certain merchandise has been the 

subject of affirmative anti-circumvention 

determinations by Commerce, pursuant to section 

781 of the Act. As a result, the circumventing 

merchandise is included in the scope of the Order. 

Dated: August 30, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

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 organicsoybean 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 Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Injury Test 

VI. Subsidies Valuation 

VII. Benchmarks and Discount Rates 

VIII. Use of Facts Otherwise Available and 

Adverse Inferences 

IX. Analysis of Programs 

X. Calculation of the All-Others Rate 

XI. Recommendation 

[FR Doc. 2021–19139 Filed 9–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–028] 

Hydrofluorocarbon Blends From the 

People’s Republic of China: Final 

Results of the Antidumping Duty 

Administrative Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) finds that the sole company 

subject to this administrative review is 

part of the China-wide entity because it 

did not file a separate rate application 

(SRA). The period of review (POR) is 

August 1, 2019, through July 31, 2020. 

DATES: Applicable September 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin A. Luberda, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2185. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 7, 2021, Commerce published 

the Preliminary Results of this 

administrative review of the 

antidumping duty order on 

hydrofluorocarbon (HFC) blends from 

the People’s Republic of China (China) 

in the Federal Register.1 Although we 

invited parties to comment on the 

Preliminary Results, no interested party 

submitted comments. Accordingly, no 

decision memorandum accompanies 

this Federal Register notice.2

Commerce conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). 

Scope of the Order 

The products subject to the Order are 

HFC blends.3 HFC blends covered by 

the scope are R–404A, a zeotropic 

mixture consisting of 52 percent 1,1,1- 

Trifluoroethane, 44 percent 

Pentafluoroethane, and 4 percent 

1,1,1,2-Tetrafluoroethane; R–407A, a 

zeotropic mixture of 20 percent 

Difluoromethane, 40 percent 

Pentafluoroethane, and 40 percent 

1,1,1,2-Tetrafluoroethane; R–407C, a 

zeotropic mixture of 23 percent 

Difluoromethane, 25 percent 

Pentafluoroethane, and 52 percent 

1,1,1,2-Tetrafluoroethane; R–410A, a 

zeotropic mixture of 50 percent 

Difluoromethane and 50 percent 

Pentafluoroethane; and R–507A, an 

azeotropic mixture of 50 percent 

Pentafluoroethane and 50 percent 1,1,1- 

Trifluoroethane also known as R–507. 

The foregoing percentages are nominal 

percentages by weight. Actual 

percentages of single component 

refrigerants by weight may vary by plus 

or minus two percent points from the 

nominal percentage identified above.4

Any blend that includes an HFC 

component other than R–32, R–125, R– 

143a, or R–134a is excluded from the 

scope of the Order. 

Excluded from the Order are blends of 

refrigerant chemicals that include 

products other than HFCs, such as 

blends including chlorofluorocarbons 

(CFCs), hydrochlorofluorocarbons 

(HCFCs), hydrocarbons (HCs), or 

hydrofluoroolefins (HFOs). 

Also excluded from the Order are 

patented HFC blends, including, but not 

limited to, ISCEON® blends, including 

MO99TM (R–438A), MO79 (R–422A), 

MO59 (R–417A), MO49PlusTM (R– 

437A) and MO29TM (R–4 22D), 

Genetron® PerformaxTM LT (R–407F), 

Choice® R–421A, and Choice® R–421B. 

HFC blends covered by the scope of 

the Order are currently classified in the 

Harmonized Tariff Schedule of the 

United States (HTSUS) at subheadings 

3824.78.0020 and 3824.78.0050. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope is dispositive.5


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