Organic Soybean Meal From India: Preliminary Results, Preliminary Intent To Rescind, in Part, and Partial Rescission of Antidumping Duty Administrative Review; 2021-2023

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-533-901]</DEPDOC> <SUBJECT>Organic Soybean Meal From India: Preliminary Results, Preliminary Intent To Rescind, in Part, and Partial Rescission of Antidumping Duty Administrative Review; 2021-2023</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 Shanti Worldwide made sales of organic soybean meal from India at below normal value during the period of review (POR), November 2, 2021, through April 30, 2023. Additionally, we find that Shri Sumati Industries Pvt. Ltd. (Sumati), did not make <E T="03">bona fide</E> sales during the POR. Accordingly, Commerce preliminarily intends to rescind this review with respect to Sumati. Further, we are rescinding the review with respect to 35 companies for which the review requests were timely withdrawn. We invite interested parties to comment on these preliminary results. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable June 5, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Mark Hoadley 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) 482-3148. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On May 16, 2022, Commerce issued the antidumping duty order on organic soybean meal from India. <SU>1</SU> <FTREF/> On May 31, 2023, Commerce received requests for administrative review from Ecopure Specialties Ltd. (Ecopure), Shanti Worldwide, Sumati, and the Organic Soybean Processors of America (the petitioner). <SU>2</SU> <FTREF/> Based on these timely requests for review, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the <E T="03">Order</E> covering 37 companies. <SU>3</SU> <FTREF/> On July 26, 2023, the petitioner withdrew its request for review of five companies  <SU>4</SU> <FTREF/> and on October 6, 2023, the petitioner withdrew its request for all companies for which it initially requested review. <SU>5</SU> <FTREF/> On October 10, 2023, Ecopure withdrew its request for review of itself. <SU>6</SU> <FTREF/> Thus, there are no outstanding review requests for any companies except Shanti Worldwide and Sumati. On January 18, 2024, we extended the deadline for these preliminary results until no later than May 30, 2024. <SU>7</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Organic Soybean Meal from India: Antidumping Duty Order,</E> 87 FR 29737 (May 16, 2022) ( <E T="03">Order</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Ecopure's Letter, “Ecopure Specialties Limited's Request for Administrative Review,” dated May 31, 2023; Shanti Worldwide's Letter, “Request for Antidumping Duty Administrative Review,” dated May 31, 2023; and Sumati's Letter, “Request for Antidumping Duty Administrative Review,” dated May 31, 2023; and Petitioner's Letter, “Request for Administrative Review,” dated May 31, 2023. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 44262 (July 12, 2023). </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Petitioner's Letter, “Partial Withdrawal of Request for Administrative Review,” dated July 26, 2023. </FTNT> <FTNT> <SU>5</SU>   <E T="03">See</E> Petitioner's Letter, “Withdrawal of Request for Administrative Review,” dated October 6, 2023. </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> Ecopure's Letter, “Ecopure Specialties Private Limited's Withdrawal of Request for Administrative Review,” dated October 10, 2023. </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated January 18, 2024. </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The product covered by the <E T="03">Order</E> is certified organic soybean meal. For a full description of the scope of the <E T="03">Order, see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Rescission of Administrative Review, in Part</HD> Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation. As noted above, all requests for administrative review were timely withdrawn for all companies except Shanti Worldwide and Sumati. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this administrative review with respect to 35 companies named in the <E T="03">Initiation Notice.</E> <SU>8</SU> <FTREF/> <FTNT> <SU>8</SU>   <E T="03">See</E> Appendix II for a list of these companies. </FTNT> <HD SOURCE="HD1">Intent To Rescind, in Part</HD> As discussed in the Preliminary Decision Memorandum and as further explained in the <E T="03">Bona Fides</E> Sales Memorandum, Commerce preliminarily finds that Sumati did not make a <E T="03">bona fide</E> sale of organic soybean meal during the POR. <SU>9</SU> <FTREF/> Commerce reached this conclusion based on the totality of the record information surrounding Sumati's reported sale, including, but not limited to, the sales quantity, profitability, and expenses arising from the sale. <FTNT> <SU>9</SU>   <E T="03">See</E> Memoranda, “Preliminary <E T="03">Bona Fide</E> Sales Analysis for Shri Sumati Industries Pvt. Ltd.,” dated concurrently with this notice ( <E T="03">Bona Fide</E> Sales Memorandum) and “Decision Memorandum for the Preliminary Results, Preliminary Intent to Rescind, in Part, and Partial Recission of the Antidumping Duty Administrative Review of the Antidumping Duty Order on Organic Soybean Meal from India; 2021-2023,” dated concurrently with, and hereby adopted by, this notice. </FTNT> Because we preliminarily find that Sumati did not make a <E T="03">bona fide</E> sale during the POR, we find that Sumati had no reviewable transactions during the POR. Accordingly, we preliminarily intend to rescind this administrative review with regards to Sumati. The factual information used in our <E T="03">bona fide</E> sales analysis of Sumati involves business proprietary information. <E T="03">See</E> the <E T="03">Bona Fide</E> Sales Memorandum for a full discussion of the basis of our preliminary findings. <HD SOURCE="HD1">Methodology</HD> Commerce is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Because Commerce preliminarily finds that Shanti Worldwide failed to cooperate to the best of its ability in responding to our requests for information, we relied on facts available, with adverse inferences (AFA), in determining this company's dumping margin, consistent with section 776 of the Act. For a full description of the methodology underlying our conclusions, <E T="03">see</E> the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included in Appendix I of this notice. The Preliminary Decision Memorandum 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, the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Preliminary Results of Review</HD> As a result of our review, we preliminarily determine the following estimated weighted-average dumping margin for the period November 2, 2021, through April 30, 2023: <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s25,9C"> <TTITLE> </TTITLE> <CHED H="1">Manufacturer/exporter</CHED> <ENT>18.80</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Disclosure and Public Comment</HD> Normally, Commerce discloses to interested parties the calculations performed in connection with preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary results in the <E T="04">Federal Register</E> , in accordance with 19 CFR 351.224(b). However, because Commerce preliminarily applied AFA to the individually examined company, Shanti Worldwide, in accordance with section 776(a) and (b) of the Act, there are no calculations to disclose. Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. <SU>10</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>11</SU> <FTREF/> <FTNT> <SU>10</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 Final Rule</E> ). </FTNT> <FTNT> <SU>11</SU>   <E T="03">See</E> 19 351.309(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 p ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 20k characters. 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