[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Notices]
[Pages 29737-29739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10480]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-901]


Organic Soybean Meal From India: Antidumping 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 an antidumping duty order on 
organic soybean meal from India.

DATES: Applicable May 16, 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

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on March 23, 
2022, Commerce published its final affirmative determination in the 
less-than-fair-value (LTFV) investigation of organic soybean meal from 
India.\1\ On May 5, 2022, the ITC notified Commerce of its final 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of LTFV imports of organic soybean meal from India.\2\
---------------------------------------------------------------------------

    \1\ See Organic Soybean Meal from India: Final Affirmative 
Determination of Sales at Less Than Fair Value, 87 FR 16458 (March 
23, 2022).
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated May 5, 2022.
---------------------------------------------------------------------------

Scope of the Order

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

Antidumping Duty Order

    On May 5, 2022, in accordance with section 735(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 within the meaning of section 735(b)(1)(A)(i) by reason of 
organic soybean meal from India.\3\ Therefore, in accordance with 
section 735(c)(2) of the Act, Commerce is issuing this antidumping 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 antidumping 
duties.
---------------------------------------------------------------------------

    \3\ Id.; see also Organic Soybean from India, Inv. Nos. 701-TA-
667 and 731-TA-1559, USITC Pub. 5321 (May 2022) (Final).
---------------------------------------------------------------------------

    As a result of the ITC's final affirmative determination, in 
accordance with section 736(a)(1) of the Act, Commerce will direct U.S. 
Customs and Border Protection (CBP) to assess, upon further instruction 
by Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price or constructed export 
price of the merchandise, for all relevant entries of organic soybean 
meal from India. Antidumping duties will be assessed on unliquidated 
entries of organic soybean meal from India entered, or withdrawn from 
warehouse, for consumption on or after November 2, 2021, the date of 
publication of the Preliminary Determination,\4\ but will not include 
entries occurring after the expiration of the provisional measures 
period and before publication of the ITC's final injury determination, 
as further described below.
---------------------------------------------------------------------------

    \4\ See Organic Soybean Meal from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 85 FR 
60443 (November 2, 2021) (Preliminary Determination).

---------------------------------------------------------------------------

[[Page 29738]]

Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 736 of the Act, Commerce will 
instruct CBP to continue to suspend liquidation of all relevant entries 
of organic soybean meal from India, as described in the appendix to 
this notice, which are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination in the Federal Register. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins included in the tables 
below, adjusted by the export subsidy offset. Accordingly, effective on 
the date of publication in the Federal Register of the notice of the 
ITC's final affirmative injury determination, CBP will require, at the 
same time as importers would normally deposit estimated duties on 
subject merchandise, a cash deposit equal to the estimated weighted-
average dumping margins listed in the tables below. The all-others rate 
for each country applies to all producers or exporters not specifically 
listed.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Cash deposit rate
                                        Estimated        (adjusted for
         Exporter/producer           weighted average       subsidy
                                      dumping margin       offset(s))
                                        (percent)          (percent)
------------------------------------------------------------------------
Bergwerff Organic Private Limited/               3.07               0.00
 Suminter India Organic Private
 Limited..........................
Shanti Worldwide..................            * 18.80               9.26
Shri Sumati Oil Industries Pvt.               * 18.80               9.26
 Ltd..............................
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).

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except that Commerce may extend the 
four-month period to no more than six months at the request of 
exporters representing a significant portion of exports of the subject 
merchandise. At the request of exporters that account for a significant 
proportion of organic soybean meal from India, Commerce extended the 
four-month period to six months in the Preliminary Determination, 
published on November 2, 2021.\5\ Therefore, the extended provisional 
measures period, beginning on the date of publication of the 
Preliminary Determination, ended on April 30, 2022. Pursuant to section 
737(b) of the Act, the collection of cash deposits at the rates listed 
above will begin on the date of publication of the ITC's final injury 
determination.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of organic soybean meal from India entered, or 
withdrawn from warehouse, for consumption on or after May 1, 2022, the 
first day provisional measures were no longer in effect, until and 
through the day preceding the date of publication of the ITC's 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.\6\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\7\ 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.\8\
---------------------------------------------------------------------------

    \6\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \7\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \8\ Id.
---------------------------------------------------------------------------

    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.'' \9\
---------------------------------------------------------------------------

    \9\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the 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.

---------------------------------------------------------------------------

[[Page 29739]]

    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.

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.'' \10\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list for those orders for 
which they qualify as an interested party. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments 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 foreign governments 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.
---------------------------------------------------------------------------

    \10\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------

Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
organic soybean meal from India, pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
736(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. 2022-10480 Filed 5-13-22; 8:45 am]
BILLING CODE 3510-DS-P