[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Notices]
[Pages 29735-29737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10481]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-902]


Organic Soybean Meal From India: Countervailing Duty Order

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing the countervailing duty order on 
organic soybean meal from India.

DATES: Applicable May 16, 2022.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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) 482-5484.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on March 23, 2022, Commerce published its 
affirmative final determination in the countervailing duty 
investigation of organic soybean meal from India.\1\ On May 5, 2022, 
the ITC notified Commerce of its affirmative final determination that 
an industry in the United States is materially injured within the 
meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized 
imports of organic soybean meal from India.\2\
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    \1\ See Organic Soybean Meal from India: Final Affirmative 
Countervailing Duty Determination, 87 FR 16453 (March 23, 2022).
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determination,'' dated May 5, 2022.
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Scope of the Order

    The product covered by this order is organic soybean meal from 
India. For a complete description of the scope of the order, see the 
appendix to this notice.

Countervailing Duty Order

    On May 5, 2022, in accordance with section 705(d) of the Act, the 
ITC notified Commerce of its final determination in this investigation, 
in which it found that an industry in the United States is materially 
injured by reason of subsidized imports of organic soybean meal from 
India.\3\ Therefore, in accordance with section 705(c)(2) of the Act, 
Commerce is issuing the countervailing duty order. Because the ITC 
determined that imports of organic soybean meal from India are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from India, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of countervailing duties.
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    \3\ Id.; see also Organic Soybean from India, Inv. Nos. 701-TA-
667 and 731-TA-1559, USITC Pub. 5321 (May 2022) (Final).
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    In accordance with section 706(a) of the Act, Commerce will direct 
U.S. Customs and Border Protection (CBP) to assess, upon further 
instruction by

[[Page 29736]]

Commerce, countervailing duties on unliquidated entries of organic 
soybean meal from India. With the exception of entries occurring after 
the expiration of the provisional measures period and before the 
publication of the ITC's final affirmative injury determination, as 
further described below, countervailing duties will be assessed on 
unliquidated entries of organic soybean meal from India entered, or 
withdrawn from warehouse, for consumption on or after September 3, 
2021, the date of publication of the Preliminary Determination in the 
Federal Register.\4\
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    \4\ See Organic Soybean Meal from India: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 86 FR 49514 
(September 3, 2021) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
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Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce will direct CBP 
to reinstitute the suspension of liquidation of organic soybean meal 
from India, effective the date of publication of the ITC's notice of 
final determinations in the Federal Register, and to assess, upon 
further instruction by Commerce pursuant to 706(a)(1) of the Act, 
countervailing duties for each entry of the subject merchandise in an 
amount based on the net countervailable subsidy rates. These 
instructions will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the amounts as indicated below. The all-others rate applies to all 
producers or exporters not specifically listed below.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Bergwerff Organic India Private Limited \5\.................        9.57
Shanti Worldwide *..........................................      283.91
Shri Sumati Oil Industries Pvt. Ltd.*.......................      283.91
Navjyot International Pvt. Ltd.*............................      283.91
Ish Agritech Pvt. Ltd.*.....................................      283.91
Satguru Organics Pvt. Ltd.*.................................      283.91
Radiance Overseas *.........................................      283.91
Swastik Enterprises *.......................................      283.91
Soni Soya Products Limited *................................      283.91
Raj Foods International *...................................      283.91
Vantage Organic Foods Pvt. Ltd.*............................      283.91
Shree Bhagwati Oil Mill *...................................      283.91
Pragati Organics *..........................................      283.91
All Others..................................................        9.57
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* Rate based on adverse facts available.

Provisional Measures
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    \5\ Commerce has found the following company to be cross-owned 
with Bergwerff Organic India Private Limited: Suminter India 
Organics Private Limited.
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    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. In the underlying investigation, 
Commerce published the Preliminary Determination on September 3, 
2022.\6\ Therefore, entries of organic soybean meal from India made on 
or after January 1, 2022, and prior to the date of publication of the 
ITC's final determination in the Federal Register, are not subject to 
the assessment of countervailing duties due to Commerce's 
discontinuation of the suspension of liquidation.
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    \6\ See Preliminary Determination.
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    In accordance with section 703(d) of the Act, Commerce instructed 
CBP to terminate the suspension of liquidation and to liquidate, 
without regard to countervailing duties, unliquidated entries of 
organic soybean meal from India entered, or withdrawn from warehouse, 
for consumption on or after January 1, 2022, the date on which the 
provisional countervailing duty measures expired, through the day 
preceding the date of publication of the ITC final injury determination 
in the Federal Register. Suspension of liquidation will resume on the 
date of publication of the ITC final injury determination in the 
Federal Register.

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\7\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\8\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\9\
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    \7\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \8\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \9\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.\10\
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    \10\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display he month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

[[Page 29737]]

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \11\ Accordingly, as stated 
above, the petitioners and the Government of India should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and the Government of India will not 
need to resubmit their entries of appearance each year to continue to 
be included on the annual inquiry service list. However, the 
petitioners and the Government of India are responsible for making 
amendments to their entries of appearance during the annual update to 
the annual inquiry service list in accordance with the procedures 
described above.
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    \11\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to organic soybean meal from India, pursuant to section 706(a) of the 
Act. Interested parties can find a list of countervailing duty orders 
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: May 10, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise subject to the order 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 order has a 
protein content of 34 percent or higher.
    Organic soybean meal that is otherwise subject to this order 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 order.
    The products covered by this order 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.

[FR Doc. 2022-10481 Filed 5-13-22; 8:45 am]
BILLING CODE 3510-DS-P