Organic Soybean Meal From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021-2022

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-533-902]</DEPDOC> <SUBJECT>Organic Soybean Meal From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021-2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to certain producers/exporters of organic soybean meal from India. The period of review (POR) is September 3, 2021, through December 31, 2022. Interested parties are invited to comment on these preliminary results. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable May 30, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Peter Shaw or Tylar Lewis, AD/CVD Operations, Office OVII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0697 or (202) 482-6009, respectively. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On July 12, 2023, Commerce published in the <E T="04">Federal Register</E> the notice of initiation of an administrative review of the <E T="03">Order</E> with respect to 38 companies. <SU>1</SU> <FTREF/> On August 11, 2023, Commerce selected Delight Lifelike Products Private Ltd. and Vinod Kumar Ranjeet Singh Bafna. <SU>2</SU> <FTREF/> Subsequently, on October 24, 2023, we selected Shri Sumati Industries Private Limited (Shri Sumati) and Shanti Worldwide (Shanti), the only two companies for which an administrative review was requested and not withdrawn, as the mandatory respondents. <SU>3</SU> <FTREF/> Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for the preliminary results until May 23, 2024. <SU>4</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 44262 (July 12, 2023); <E T="03">see also Organic Soybean Meal from India: Countervailing Duty Order,</E> 87 FR 29735 (May 16, 2022) ( <E T="03">Order</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Respondent Selection,” dated August 11, 2023. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Respondent Selection,” dated October 24, 2023. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results,” dated January 9, 2024. </FTNT> For a complete description of the events that followed the initiation of this review, <E T="03">see</E> the Preliminary Decision Memorandum. <SU>5</SU> <FTREF/> A list of topics discussed in the Preliminary Decision Memorandum is included in Appendix I. 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>5</SU>   <E T="03">See</E> Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Organic Soybean Meal from India; 2021-2022,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products covered by this <E T="03">Order</E> is organic soybean meal from India. For a complete description of the scope of the <E T="03">Order, see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Partial Rescission of Administrative Review</HD> Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. A list of the 35 companies Commerce received timely-filed withdrawal requests from is provided below in Appendix II. Because the withdrawal requests were timely filed and no other parties requested a review of these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the <E T="03">Order</E> with respect to these 35 companies. <HD SOURCE="HD1">Methodology</HD> Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found to be countervailable, we preliminarily determine that there is a subsidy, <E T="03">i.e.,</E> a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. <SU>6</SU> <FTREF/> For a full description of the methodology underlying our conclusions, including our reliance on adverse facts available pursuant to sections 776(a) and (b) of the Act, <E T="03">see</E> the Preliminary Decision Memorandum. <FTNT> <SU>6</SU>   <E T="03">See</E> 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. </FTNT> <HD SOURCE="HD1">Preliminary Results of Review</HD> As a result of this review, we preliminarily determine that for 2021 and 2022, the following estimated countervailable subsidy rates exist: <GPOTABLE COLS="3" OPTS="L2,tp0,i1" CDEF="s100,20,20"> <TTITLE> </TTITLE> <CHED H="1">Company</CHED> <CHED H="1"> Subsidy rate 2021 (percent <E T="03">ad valorem</E> <ENT I="01">Shri Sumati Industries Private Limited</ENT> <ENT>7.99</ENT> <ENT>4.08</ENT> </ROW> <ROW> <ENT I="01">Shanti Worldwide</ENT> <ENT>261.80</ENT> <ENT>261.80</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Disclosure</HD> Commerce intends to disclose its calculations and analysis performed in connection with the preliminary 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). <HD SOURCE="HD1">Public Comment</HD> Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the publication of these preliminary results of review in the <E T="04"> Federal Register </E> . Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline for filing case briefs. <SU>7</SU> <FTREF/> Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. <SU>8</SU> <FTREF/> All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline. <FTNT> <SU>7</SU>   <E T="03">See</E> 19 CFR 351.309(d); <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E> 88 FR 67069, 67077 (September 29, 2023) ( <E T="03">APO and Service Procedures</E> ). </FTNT> <FTNT> <SU>8</SU>   <E T="03">See</E> 19 CFR 351.309(c)(2) and (d)(2). </FTNT> As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. <SU>9</SU> <FTREF/> Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). <SU>10</SU> <FTREF/> <FTNT> <SU>9</SU>  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. </FTNT> <FTNT> <SU>10</SU>   <E T="03">See APO and Service Procedures.</E> </FTNT> Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing. <SU>11</SU> <FTREF/> <FTNT> <SU>11</SU>   <E T="03">See</E> 19 CFR 351.310(d). </FTNT> <HD SOURCE="HD1">Cash Deposit Requirements</HD> Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon publication of the final results, to instruct U.S. Customs and Border Protecti ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 16k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━