Organic Soybean Meal From India: Final Results 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: Final Results 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) finds that Shanti Worldwide (Shanti) made sales of subject merchandise at less than normal value during the period of review (POR) November 2, 2021, through April 30, 2023. Additionally, we are rescinding the review with respect to Shri Sumati Industries Pvt. Ltd. (Sumati), because we find that they did not make <E T="03">bona fide</E> sales during the POR. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable December 9, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Sarah Keith, 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) 482-0264. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On June 5, 2024, Commerce published the preliminary results of the 2021-2023 administrative review of the antidumping duty order on organic soybean meal from India. <SU>1</SU> <FTREF/> We invited interested parties to comment on the <E T="03">Preliminary Results.</E> <SU>2</SU> <FTREF/> No interested parties submitted comments; thus, no decision memorandum accompanies this notice. The <E T="03">Preliminary Results</E> are hereby adopted as the final results of this review. Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). <FTNT> <SU>1</SU>   <E T="03">See Organic Soybean Meal from India: Preliminary Results, Preliminary Intent to Rescind, in part, and Partial Rescission of Antidumping Duty Administrative Review; 2021-2023,</E> 89 FR 48147 (June 5, 2024) ( <E T="03">Preliminary Results</E> ), and accompanying Preliminary Decision Memorandum (PDM). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See Preliminary Results.</E> </FTNT> <HD SOURCE="HD1"> Scope of the Order  <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> The merchandise subject to the <E T="03">Order</E> is organic soybean meal from India. A full description of the scope of the <E T="03">Order</E> is provided in the <E T="03">Preliminary Results.</E> <SU>4</SU> <FTREF/> <FTNT> <SU>4</SU>   <E T="03">See Preliminary Results</E> PDM at 3. </FTNT> <HD SOURCE="HD1">Recission of Administrative Review, in Part</HD> In the <E T="03">Preliminary Results,</E> we stated that we intended to rescind this review with respect to Sumati for which we preliminarily found that Sumati did not make a <E T="03">bona fide</E> sale of organic soybean meal during the POR. <SU>5</SU> <FTREF/> No party filed comments with respect to this preliminary finding. Therefore, we are rescinding the administrative review with respect to this company. <FTNT> <SU>5</SU>   <E T="03">See</E> Memorandum, “Preliminary <E T="03">Bona Fide</E> Sales Analysis for Shri Sumat Industries Pvt. Ltd.,” (June 5, 2024); <E T="03">see also Preliminary Results</E> PDM at 4-5. </FTNT> <HD SOURCE="HD1">Final Results of the Review</HD> We determine the following estimated weighted-average dumping margins 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">Exporter/producer</CHED> <ENT>18.80</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Disclosure</HD> Because Commerce received no comments on the <E T="03">Preliminary Results,</E> we have not modified our analysis. Consequently, there are no calculations to disclose in accordance with 19 CFR 351.224(b) for these final results. <HD SOURCE="HD1">Assessment Rates</HD> Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. If the weighted-average dumping margin is not zero or <E T="03">de minimis</E> ( <E T="03">i.e.,</E> less than 0.50 percent), upon completion of the final results, Commerce intends to calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those sales. Where we do not have entered values for all U.S. sales to a particular importer, we will calculate an importer-specific, per-unit assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total quantity of those sales. <SU>6</SU> <FTREF/> To determine whether an importer-specific, per-unit assessment rate is <E T="03">de minimis,</E> in accordance with 19 CFR 351.106(c)(2), we also will calculate an importer-specific <E T="03">ad valorem</E> ratio based on estimated entered values. Where the weighted-average dumping margin is zero or <E T="03">de minimis,</E> or an importer-specific <E T="03">ad valorem</E> assessment rate is zero or <E T="03">de minimis,</E> we will instruct CBP to liquidate appropriate entries without regard to antidumping duties. <SU>7</SU> <FTREF/> <FTNT> <SU>6</SU>   <E T="03">See</E> 19 CFR 351.212(b)(1). </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> 19 CFR 352.106(c)(2); <E T="03">see also Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification,</E> 77 FR 8101, 8103 (February 14, 2012). </FTNT> For entries of subject merchandise during the POR produced by Shanti for which it did not know that the merchandise it sold to the intermediary ( <E T="03">e.g.,</E> reseller, trading company, or exporter) was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. <SU>8</SU> <FTREF/> <FTNT> <SU>8</SU>  For a full discussion of this practice, <E T="03">see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E> 68 FR 23954 (May 6, 2003). </FTNT> For the company for which we are rescinding this review, we will instruct CBP to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue these rescission instructions to CBP no earlier than 35 days after the publication of this notice in the <E T="04">Federal Register</E> . Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results in the <E T="04">Federal Register</E> . 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 ( <E T="03">i.e.,</E> within 90 days of publication). <HD SOURCE="HD1">Cash Deposit Requirements</HD> The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies under review will equal to the dumping margin established in the final results of this review for each respondent (except, if that rate is <E T="03">de minimis,</E> then the cash deposit rate will be zero); (2) for producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding in which they were reviewed; (3) if the exporter is not a firm covered in this review or a prior segment of the proceeding but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 3.07 percent, the all-others rate established in the less-than-fair-value investigation. <SU>9</SU> <FTREF/> These cash deposit requirements, when imposed, shall remain in effect until further notice. <FTNT> <SU>9</SU>   <E T="03">See Order.</E> </FTNT> <HD SOURCE="HD1">Notification to Importers</HD> This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. <HD SOURCE="HD1">Administrative Protective Order</HD> This notice also serves as a reminder to parties subject to an administrative protective order ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 11k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━