Organic Soybean Meal From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation
| Published date | 03 June 2021 |
| Record Number | 2021-11670 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 86 Issue 105 (Thursday, June 3, 2021)
[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Page 29742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11670]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-902]
Organic Soybean Meal From India: Postponement of Preliminary
Determination in the Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 3, 2021.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4737.
SUPPLEMENTARY INFORMATION:
Background
On April 20, 2021, the Department of Commerce (Commerce) initiated
a countervailing duty (CVD) investigation of imports of organic soybean
meal from India.\1\ Currently, the preliminary determination is due no
later than June 25, 2021.
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\1\ See Organic Soybean Meal From India: Initiation of
Countervailing Duty Investigation, 86 FR 22136 (April 27, 2021).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a CVD
investigation within 65 days after the date on which Commerce initiated
the investigation. However, section 703(c)(1) of the Act permits
Commerce to postpone the preliminary determination until no later than
130 days after the date on which Commerce initiated the investigation
if: (A) The petitioner \2\ makes a timely request for a postponement;
or (B) Commerce concludes that the parties concerned are cooperating,
that the investigation is extraordinarily complicated, and that
additional time is necessary to make a preliminary determination. Under
19 CFR 351.205(e), the petitioner must submit a request for
postponement 25 days or more before the scheduled date of the
preliminary determination and must state the reasons for the request.
Commerce will grant the request unless it finds compelling reasons to
deny the request.
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\2\ The petitioners are: Organic Soybean Processors of America
(OSPA) and American Natural Processors, LLC, Organic Production
Services, LLC, Professional Proteins, Ltd., Sheppard Grain
Enterprises LLC, Simmons Grain Company, Super Soy, LLC, and Tri-
State Crush LLC.
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On May 26, 2021, the petitioners submitted a timely request that
Commerce postpone the preliminary CVD determination.\3\ The petitioners
stated that they request postponement of the preliminary determination
of this CVD investigation to provide Commerce with sufficient time to
analyze adequately all alleged subsidies received by the mandatory
respondents during the period of investigation.\4\
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\3\ See Petitioners' Letter, ``Organic Soybean Meal from India:
Petitioners' Request to Postpone the Countervailing Duty
Investigation Preliminary Determination,'' dated May 26, 2021.
\4\ Id. at 2.
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In accordance with 19 CFR 351.205(e), the petitioners stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds no compelling reason to deny the request. Therefore,
in accordance with section 703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the preliminary determination to no later
than 130 days after the date on which this investigation was initiated,
i.e., August, 30, 2021.\5\ Pursuant to section 705(a)(1) of the Act and
19 CFR 351.210(b)(1), the deadline for the final determination of this
investigation will continue to be 75 days after the date of the
preliminary determination.
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\5\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Saturday, August 28, 2021.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: May 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-11670 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P
