82_FR_40913 82 FR 40748 - Biodiesel From Argentina: Preliminary Affirmative Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances Determination, in Part

82 FR 40748 - Biodiesel From Argentina: Preliminary Affirmative Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances Determination, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 165 (August 28, 2017)

Page Range40748-40750
FR Document2017-18166

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of biodiesel from Argentina. The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 165 (Monday, August 28, 2017)
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Notices]
[Pages 40748-40750]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18166]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-821]


Biodiesel From Argentina: Preliminary Affirmative Countervailing 
Duty Determination and Preliminary Affirmative Critical Circumstances 
Determination, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of biodiesel from Argentina. The period of 
investigation is January 1, 2016, through December 31, 2016.

DATES: August 28, 2017.

FOR FURTHER INFORMATION CONTACT: Elfi Blum-Page or Kathryn Wallace, 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) 482-0197 or (202) 
482-6251, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on April 19, 
2017.\1\ On June 5, 2017, the Department postponed the preliminary 
determination of this investigation to August 20, 2017. However, 
because August 20, 2017, falls on a Sunday, the preliminary 
determination was postponed until August 21, 2017.\2\ A complete 
description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\3\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix II to this notice. 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 
http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.
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    \1\ See Biodiesel from Argentina and Indonesia: Initiation of 
Countervailing Duty Investigations, 82 FR 18423 (April 19, 2017) 
(Initiation Notice).
    \2\ See Biodiesel from Argentina and Indonesia: Postponement of 
Preliminary Determinations of Antidumping Duty Investigations, 82 FR 
25773 (June 5, 2017); see also 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).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Biodiesel 
from Argentina,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is biodiesel from 
Argentina. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ No interested 
party commented on the scope of the investigation as it appeared in the 
Initiation Notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
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Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines that there is 
a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
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    \6\ See 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.
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    In making these findings, the Department relied, in part, on facts 
available and, because one or more respondents did not act to the best 
of their ability to respond to the Department's requests for 
information, an adverse inference was drawn, where appropriate, in 
selecting from among the facts otherwise available.\7\ For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.
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    \7\ See sections 776(a) and (b) of the Act.

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[[Page 40749]]

Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 703(e)(1) of the Act, the Department 
preliminarily determines that critical circumstances exist with respect 
to imports of biodiesel from Argentina for LDC Argentina and Vicentin, 
but do not exist with respect to all other exporters or producers not 
individually examined. For a full description of the methodology and 
results of the Department's analysis, see the Preliminary Decision 
Memorandum.

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, the Department shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act. In this investigation, the Department 
calculated individual estimated countervailable subsidy rates for LDC 
Argentina and Vicentin that are not zero, de minimis, or based entirely 
on facts otherwise available. The Department calculated the all-others' 
rate using a weighted average of the individual estimated subsidy rates 
calculated for the examined respondents using each company's publicly-
ranged values for the merchandise under consideration.\8\
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    \8\ With two respondents under examination, the Department 
normally calculates (A) a weighted average of the estimated subsidy 
rates calculated for the examined respondents; (B) a simple average 
of the estimated subsidy rates calculated for the examined 
respondents; and (C) a weighted average of the estimated subsidy 
rates calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. The Department then compares (B) and (C) to (A) and 
selects the rate closest to (A) as the most appropriate rate for all 
other producers and exporters. See, e.g., Ball Bearings and Parts 
Thereof from France, Germany, Italy, Japan, and the United Kingdom: 
Final Results of Antidumping Duty Administrative Reviews, Final 
Results of Changed-Circumstances Review, and Revocation of an Order 
in Part, 75 FR 53661, 53663 (September 1, 2010). As complete 
publicly ranged sales data was available, the Department based the 
all-others rate on the publicly ranged sales data of the mandatory 
respondents. For a complete analysis of the data, please see the 
All-Others' Rate Calculation Memorandum.
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Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
LDC Argentina S.A.\9\...................................           50.29
Vicentin S.A.I.C.\10\...................................           64.17
All-Others..............................................           57.01
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit equal to the 
rates indicated above.
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    \9\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
LDC Argentina S.A.: LDC Semillas S.A., Semillas del Rosario S.A.
    \10\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Vicentin S.A.I.C.: Oleaginosa San Lorenzo S.A, Los Amores S.A.
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    Section 703(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. The Department 
preliminarily finds that critical circumstances exist for imports of 
subject merchandise produced and/or exported by LDC Argentina and 
Vicentin. In accordance with section 703(e)(2)(A) of the Act, the 
suspension of liquidation shall apply to unliquidated entries of 
merchandise from the exporters/producers identified in this paragraph 
that were entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before the publication of this notice.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment and Request for Hearing

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its determination. 
In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative,\12\ the ITC

[[Page 40750]]

will make its final determination within 45 days after the Department 
makes its final determination.
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    \12\ As of the signing of this notice, the petitioner (the 
National Biodiesel Fair Trade Coalition) had not requested that the 
date of the final determination of this investigation be aligned 
with the date of the final determination of the companion 
antidumping investigation, pursuant to section 705(a)(1) of the Act. 
Therefore, the current date for the final determination of this 
investigation is 75 days from the signature of this preliminary 
determination, November 6, 2017.
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Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 21, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive function and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The product covered by this investigation is biodiesel, which is 
a fuel comprised of mono-alkyl esters of long chain fatty acids 
derived from vegetable oils or animal fats, including biologically-
based waste oils or greases, and other biologically-based oil or fat 
sources. The investigations cover biodiesel in pure form (B100) as 
well as fuel mixtures containing at least 99 percent biodiesel by 
volume (B99). For fuel mixtures containing less than 99 percent 
biodiesel by volume, only the biodiesel component of the mixture is 
covered by the scope of the investigations.
    Biodiesel is generally produced to American Society for Testing 
and Materials International (ASTM) D6751 specifications, but it can 
also be made to other specifications. Biodiesel commonly has one of 
the following Chemical Abstracts Service (CAS) numbers, generally 
depending upon the feedstock used: 67784-80-9 (soybean oil methyl 
esters); 91051-34-2 (palm oil methyl esters); 91051-32-0 (palm 
kernel oil methyl esters); 73891-99-3 (rapeseed oil methyl esters); 
61788-61-2 (tallow methyl esters); 68990-52-3 (vegetable oil methyl 
esters); 129828-16-6 (canola oil methyl esters); 67762-26-9 
(unsaturated alkylcarboxylic acid methyl ester); or 68937-84-8 
(fatty acids, C12-C18, methyl ester).
    The B100 product subject to the investigation is currently 
classifiable under subheading 3826.00.1000 of the Harmonized Tariff 
Schedule of the United States (HTSUS), while the B99 product is 
currently classifiable under HTSUS subheading 3826.00.3000. Although 
the HTSUS subheadings, ASTM specifications, and CAS numbers are 
provided for convenience and customs purposes, the written 
description of the scope is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Preliminary Determination of Critical Circumstances
VII. Use of Facts Otherwise Available and Adverse Facts Available
VIII. Subsidies Valuation
IX. Analysis of Programs
X. Calculation of All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion

[FR Doc. 2017-18166 Filed 8-25-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    40748                        Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices

                                                      Dated: August 21, 2017.                               DEPARTMENT OF COMMERCE                                 II to this notice. The Preliminary
                                                    Gary Taverman,                                                                                                 Decision Memorandum is a public
                                                    Deputy Assistant Secretary for Antidumping              International Trade Administration                     document and is on file electronically
                                                    and Countervailing Duty Operations,                     [C–357–821]                                            via Enforcement and Compliance’s
                                                    performing the non-exclusive functions and                                                                     Antidumping and Countervailing Duty
                                                    duties of the Assistant Secretary for                   Biodiesel From Argentina: Preliminary                  Centralized Electronic Service System
                                                    Enforcement and Compliance.                                                                                    (ACCESS). ACCESS is available to
                                                                                                            Affirmative Countervailing Duty
                                                    Appendix I—List of Topics Discussed in                  Determination and Preliminary                          registered users at http://
                                                    the Preliminary Decision Memorandum                     Affirmative Critical Circumstances                     access.trade.gov, and is available to all
                                                                                                            Determination, in Part                                 parties in the Central Records Unit,
                                                    I. Summary                                                                                                     room B8024 of the main Department of
                                                    II. Background                                          AGENCY:  Enforcement and Compliance,                   Commerce building. In addition, a
                                                    III. Scope Comments                                     International Trade Administration,
                                                    IV. Scope of the Investigation                                                                                 complete version of the Preliminary
                                                                                                            Department of Commerce.                                Decision Memorandum can be accessed
                                                    V. Injury Test                                          SUMMARY: The Department of Commerce
                                                    VI. New Subsidy Allegation                                                                                     directly at http://enforcement.trade.gov/
                                                    VII. Subsidies Valuation
                                                                                                            (the Department) preliminarily                         frn/. The signed and electronic versions
                                                    VIII. Analysis of Programs                              determines that countervailable                        of the Preliminary Decision
                                                    IX. Calculation of All-Others Rate                      subsidies are being provided to                        Memorandum are identical in content.
                                                    X. ITC Notification                                     producers and exporters of biodiesel
                                                    XI. Disclosure and Public Comment                       from Argentina. The period of                          Scope of the Investigation
                                                    XII. Verification                                       investigation is January 1, 2016, through
                                                    XIII. Conclusion                                        December 31, 2016.                                       The product covered by this
                                                       Appendix I—List of Additional Companies                                                                     investigation is biodiesel from
                                                                                                            DATES: August 28, 2017.
                                                    Preliminarily Found to be Cross-Owned with                                                                     Argentina. For a complete description of
                                                    Musim Mas and Intibenua                                 FOR FURTHER INFORMATION CONTACT: Elfi                  the scope of this investigation, see
                                                       Appendix II—List of Additional                       Blum-Page or Kathryn Wallace, AD/CVD                   Appendix I.
                                                    Companies Preliminarily Found to be Cross-              Operations, Office VII, Enforcement and
                                                    Owned with Wilmar Trading                               Compliance, International Trade                        Scope Comments
                                                    Appendix II—Scope of the Investigation                  Administration, U.S. Department of
                                                                                                            Commerce, 1401 Constitution Avenue                       In accordance with the preamble to
                                                       The product covered by this investigation            NW., Washington, DC 20230; telephone:                  the Department’s regulations,4 the
                                                    is biodiesel, which is a fuel comprised of              (202) 482–0197 or (202) 482–6251,                      Initiation Notice set aside a period of
                                                    mono-alkyl esters of long chain fatty acids
                                                                                                            respectively.                                          time for parties to raise issues regarding
                                                    derived from vegetable oils or animal fats,                                                                    product coverage, (i.e., scope).5 No
                                                    including biologically-based waste oils or              SUPPLEMENTARY INFORMATION:                             interested party commented on the
                                                    greases, and other biologically based oil or fat                                                               scope of the investigation as it appeared
                                                    sources. This investigation covers biodiesel            Background
                                                                                                                                                                   in the Initiation Notice.
                                                    in pure form (B100) as well as fuel mixtures               This preliminary determination is
                                                    containing at least 99 percent biodiesel by             made in accordance with section 703(b)                 Methodology
                                                    volume (B99). For fuel mixtures containing              of the Tariff Act of 1930, as amended
                                                    less than 99 percent biodiesel by volume,                                                                        The Department is conducting this
                                                                                                            (the Act). The Department published the
                                                    only the biodiesel component of the mixture                                                                    investigation in accordance with section
                                                    is covered by the scope of this investigation.          notice of initiation of this investigation
                                                                                                            on April 19, 2017.1 On June 5, 2017, the               701 of the Act. For each of the subsidy
                                                       Biodiesel is generally produced to                                                                          programs found countervailable, the
                                                    American Society for Testing and Materials              Department postponed the preliminary
                                                    International (ASTM) D6751 specifications,              determination of this investigation to                 Department preliminarily determines
                                                    but it can also be made to other                        August 20, 2017. However, because                      that there is a subsidy, i.e., a financial
                                                    specifications. Biodiesel commonly has one              August 20, 2017, falls on a Sunday, the                contribution by an ‘‘authority’’ that
                                                    of the following Chemical Abstracts Service             preliminary determination was                          gives rise to a benefit to the recipient,
                                                    (CAS) numbers, generally depending upon                 postponed until August 21, 2017.2 A                    and that the subsidy is specific.6
                                                    the feedstock used: 67784-80-9 (soybean oil
                                                                                                            complete description of the events that                  In making these findings, the
                                                    methyl esters); 91051-34-2 (palm oil methyl
                                                    esters); 91051-32-0 (palm kernel oil methyl             followed the initiation of this                        Department relied, in part, on facts
                                                    esters); 73891-99-3 (rapeseed oil methyl                investigation, see the Preliminary                     available and, because one or more
                                                    esters); 61788-61-2 (tallow methyl esters);             Decision Memorandum.3 A list of topics                 respondents did not act to the best of
                                                    68990-52-3 (vegetable oil methyl esters);               discussed in the Preliminary Decision                  their ability to respond to the
                                                    129828-16-6 (canola oil methyl esters);                 Memorandum is included as Appendix                     Department’s requests for information,
                                                    67762-26-9 (unsaturated alkylcarboxylic acid                                                                   an adverse inference was drawn, where
                                                    methyl ester); or 68937-84-8 (fatty acids,                 1 See Biodiesel from Argentina and Indonesia:       appropriate, in selecting from among the
                                                    C12–C18, methyl ester).                                 Initiation of Countervailing Duty Investigations, 82   facts otherwise available.7 For further
                                                       The B100 product subject to this                     FR 18423 (April 19, 2017) (Initiation Notice).
                                                                                                                                                                   information, see ‘‘Use of Facts
                                                    investigation is currently classifiable under              2 See Biodiesel from Argentina and Indonesia:

                                                    subheading 3826.00.1000 of the Harmonized               Postponement of Preliminary Determinations of          Otherwise Available and Adverse
                                                    Tariff Schedule of the United States                    Antidumping Duty Investigations, 82 FR 25773           Inferences’’ in the Preliminary Decision
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    (HTSUS), while the B99 product is currently             (June 5, 2017); see also Notice of Clarification:      Memorandum.
                                                                                                            Application of ‘‘Next Business Day’’ Rule for
                                                    classifiable under HTSUS subheading                     Administrative Determination Deadlines Pursuant
                                                    3826.00.3000. Although the HTSUS                        to the Tariff Act of 1930, As Amended, 70 FR 24533
                                                                                                                                                                     4 See Antidumping Duties; Countervailing Duties,

                                                    subheadings, ASTM specifications, and CAS               (May 10, 2005).                                        Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                    numbers are provided for convenience and                   3 See Memorandum, ‘‘Decision Memorandum for           5 See Initiation Notice.

                                                    customs purposes, the written description of            the Preliminary Determination of the                     6 See sections 771(5)(B) and (D) of the Act

                                                    the scope is dispositive.                               Countervailing Duty Investigation of Biodiesel from    regarding financial contribution; section 771(5)(E)
                                                                                                            Argentina,’’ dated concurrently with, and hereby       of the Act regarding benefit; and section 771(5A) of
                                                    [FR Doc. 2017–18167 Filed 8–25–17; 8:45 am]             adopted by, this notice (Preliminary Decision          the Act regarding specificity.
                                                    BILLING CODE 3510–DS–P                                  Memorandum).                                             7 See sections 776(a) and (b) of the Act.




                                               VerDate Sep<11>2014   18:45 Aug 25, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\28AUN1.SGM   28AUN1


                                                                                 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices                                                           40749

                                                    Preliminary Affirmative Determination                                                               Subsidy rate   Verification
                                                                                                                         Company
                                                    of Critical Circumstances, in Part                                                                   (percent)
                                                                                                                                                                          As provided in section 782(i)(1) of the
                                                      In accordance with section 703(e)(1)                  LDC Argentina S.A.9 ............                   50.29   Act, the Department intends to verify
                                                    of the Act, the Department preliminarily                Vicentin S.A.I.C.10 ................               64.17   the information relied upon in making
                                                    determines that critical circumstances                  All-Others ..............................          57.01   its final determination.
                                                    exist with respect to imports of                                                                                   Public Comment and Request for
                                                    biodiesel from Argentina for LDC                        Suspension of Liquidation                                  Hearing
                                                    Argentina and Vicentin, but do not exist
                                                                                                               In accordance with section                                 Case briefs or other written comments
                                                    with respect to all other exporters or
                                                                                                            703(d)(1)(B) and (d)(2) ofthe Act, the                     may be submitted to the Assistant
                                                    producers not individually examined.
                                                                                                            Departmentwill direct U.S. Customs and                     Secretary for Enforcement and
                                                    For a full description of the
                                                                                                            Border Protection (CBP) to suspend                         Compliance no later than seven days
                                                    methodology and results of the
                                                                                                            liquidation of entries of subject                          after the date on which the last
                                                    Department’s analysis, see the
                                                                                                            merchandise as described in the scope                      verification report is issued in this
                                                    Preliminary Decision Memorandum.                        of the investigation section entered, or                   investigation. Rebuttal briefs, limited to
                                                    All-Others Rate                                         withdrawn from warehouse, for                              issues raised in case briefs, may be
                                                                                                            consumption on or after the date of                        submitted no later than five days after
                                                      Sections 703(d) and 705(c)(5)(A) of                   publication of this notice in the Federal                  the deadline date for case briefs.11
                                                    the Act provide that in the preliminary                 Register. Further, pursuant to 19 CFR                      Pursuant to 19 CFR 351.309(c)(2) and
                                                    determination, the Department shall                     351.205(d), the Department will instruct                   (d)(2), parties who submit case briefs or
                                                    determine an estimated all-others rate                  CBP to require a cash deposit equal to                     rebuttal briefs in this investigation are
                                                    for companies not individually                          the rates indicated above.                                 encouraged to submit with each
                                                    examined. This rate shall be an amount                     Section 703(e)(2) of the Act provides                   argument: (1) A statement of the issue;
                                                    equal to the weighted average of the                    that, given an affirmative determination                   (2) a brief summary of the argument;
                                                    estimated subsidy rates established for                 of critical circumstances, any                             and (3) a table of authorities.
                                                    those companies individually                            suspension of liquidation shall apply to                      Pursuant to 19 CFR 351.310(c),
                                                    examined, excluding any zero and de                     unliquidated entries of merchandise                        interested parties who wish to request a
                                                    minimis rates and any rates based                       entered, or withdrawn from warehouse,                      hearing, limited to issues raised in the
                                                    entirely under section 776 of the Act. In               for consumption on or after the later of                   case and rebuttal briefs, must submit a
                                                    this investigation, the Department                      (a) the date which is 90 days before the                   written request to the Assistant
                                                    calculated individual estimated                         date on which the suspension of                            Secretary for Enforcement and
                                                    countervailable subsidy rates for LDC                   liquidation was first ordered, or (b) the                  Compliance, U.S. Department of
                                                    Argentina and Vicentin that are not                     date on which notice of initiation of the                  Commerce within 30 days after the date
                                                    zero, de minimis, or based entirely on                  investigation was published. The                           of publication of this notice. Requests
                                                    facts otherwise available. The                          Department preliminarily finds that                        should contain the party’s name,
                                                    Department calculated the all-others’                   critical circumstances exist for imports                   address, and telephone number, the
                                                    rate using a weighted average of the                    of subject merchandise produced and/or                     number of participants, whether any
                                                    individual estimated subsidy rates                      exported by LDC Argentina and                              participant is a foreign national, and a
                                                    calculated for the examined respondents                 Vicentin. In accordance with section                       list of the issues to be discussed. If a
                                                    using each company’s publicly-ranged                    703(e)(2)(A) of the Act, the suspension                    request for a hearing is made, the
                                                    values for the merchandise under                        of liquidation shall apply to                              Department intends to hold the hearing
                                                    consideration.8                                         unliquidated entries of merchandise                        at the U.S. Department of Commerce,
                                                                                                            from the exporters/producers identified                    1401 Constitution Avenue NW.,
                                                    Preliminary Determination                                                                                          Washington, DC 20230, at a time and
                                                                                                            in this paragraph that were entered, or
                                                      The Department preliminarily                          withdrawn from warehouse, for                              date to be determined. Parties should
                                                    determines that the following estimated                 consumption on or after the date which                     confirm by telephone the date, time, and
                                                    countervailable subsidy rates exist:                    is 90 days before the publication of this                  location of the hearing two days before
                                                                                                            notice.                                                    the scheduled date.
                                                       8 With two respondents under examination, the
                                                                                                            Disclosure                                                 International Trade Commission
                                                    Department normally calculates (A) a weighted                                                                      Notification
                                                    average of the estimated subsidy rates calculated for
                                                    the examined respondents; (B) a simple average of
                                                                                                               The Department intends to disclose                         In accordance with section 703(f) of
                                                    the estimated subsidy rates calculated for the          its calculations and analysis performed                    the Act, the Department will notify the
                                                    examined respondents; and (C) a weighted average        to interested parties in this preliminary                  International Trade Commission (ITC) of
                                                    of the estimated subsidy rates calculated for the       determination within five days of its
                                                    examined respondents using each company’s                                                                          its determination. In accordance with
                                                    publicly-ranged U.S. sale quantities for the
                                                                                                            public announcement, or if there is no                     section 705(b)(2) of the Act, if our final
                                                    merchandise under consideration. The Department         public announcement, within five days                      determination is affirmative,12 the ITC
                                                    then compares (B) and (C) to (A) and selects the rate   of the date of this notice in accordance
                                                    closest to (A) as the most appropriate rate for all     with 19 CFR 351.224(b).                                       11 See 19 CFR 351.309; see also 19 CFR 351.303
                                                    other producers and exporters. See, e.g., Ball
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                                                    Bearings and Parts Thereof from France, Germany,                                                                   (for general filing requirements).
                                                                                                              9 As discussed in the Preliminary Decision                  12 As of the signing of this notice, the petitioner
                                                    Italy, Japan, and the United Kingdom: Final Results
                                                    of Antidumping Duty Administrative Reviews, Final       Memorandum, the Department has found the                   (the National Biodiesel Fair Trade Coalition) had
                                                    Results of Changed-Circumstances Review, and            following companies to be cross-owned with LDC             not requested that the date of the final
                                                    Revocation of an Order in Part, 75 FR 53661, 53663      Argentina S.A.: LDC Semillas S.A., Semillas del            determination of this investigation be aligned with
                                                    (September 1, 2010). As complete publicly ranged        Rosario S.A.                                               the date of the final determination of the
                                                    sales data was available, the Department based the        10 As discussed in the Preliminary Decision              companion antidumping investigation, pursuant to
                                                    all-others rate on the publicly ranged sales data of    Memorandum, the Department has found the                   section 705(a)(1) of the Act. Therefore, the current
                                                    the mandatory respondents. For a complete analysis      following companies to be cross-owned with                 date for the final determination of this investigation
                                                    of the data, please see the All-Others’ Rate            Vicentin S.A.I.C.: Oleaginosa San Lorenzo S.A, Los         is 75 days from the signature of this preliminary
                                                    Calculation Memorandum.                                 Amores S.A.                                                determination, November 6, 2017.



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                                                    40750                        Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices

                                                    will make its final determination within                IX. Analysis of Programs                              most recent performance report may be
                                                    45 days after the Department makes its                  X. Calculation of All-Others Rate                     obtained upon request by contacting the
                                                    final determination.                                    XI. ITC Notification                                  person identified under FOR FURTHER
                                                                                                            XII. Disclosure and Public Comment
                                                    Notification to Interested Parties                                                                            INFORMATION CONTACT.
                                                                                                            XIII. Verification
                                                                                                            XIV. Conclusion                                       SUPPLEMENTARY INFORMATION:      Sections
                                                      This determination is issued and
                                                    published pursuant to sections 703(f)                   [FR Doc. 2017–18166 Filed 8–25–17; 8:45 am]           312 and 315 of the Coastal Zone
                                                    and 777(i) of the Act and 19 CFR                        BILLING CODE 3510–DS–P                                Management Act (CZMA) require
                                                    351.205(c).                                                                                                   NOAA to conduct periodic evaluations
                                                      Dated: August 21, 2017.                                                                                     of federally approved national estuarine
                                                                                                            DEPARTMENT OF COMMERCE                                research reserves. The process includes
                                                    Gary Taverman
                                                                                                                                                                  a public meeting, consideration of
                                                    Deputy Assistant Secretary for Antidumping              National Oceanic and Atmospheric
                                                    and Countervailing Duty Operations,                     Administration                                        written public comments and
                                                    performing the non-exclusive function and                                                                     consultations with interested Federal,
                                                    duties of the Assistant Secretary for                   Evaluation of National Estuarine                      state, and local agencies and members of
                                                    Enforcement and Compliance.                             Research Reserve                                      the public. For the evaluation of
                                                    Appendix I—Scope of the Investigation                                                                         National Estuarine Research Reserves,
                                                                                                            AGENCY: Office for Coastal Management                 NOAA will consider the extent to which
                                                                                                            (OCM), National Ocean Service (NOS),
                                                       The product covered by this investigation                                                                  the state has met the national objectives,
                                                    is biodiesel, which is a fuel comprised of
                                                                                                            National Oceanic and Atmospheric
                                                                                                                                                                  adhered to its management plan
                                                    mono-alkyl esters of long chain fatty acids             Administration (NOAA), Department of
                                                                                                                                                                  approved by the Secretary of Commerce,
                                                    derived from vegetable oils or animal fats,             Commerce (DOC).
                                                                                                                                                                  and adhered to the terms of financial
                                                    including biologically-based waste oils or              ACTION: Notice.
                                                    greases, and other biologically-based oil or fat                                                              assistance under the Coastal Zone
                                                    sources. The investigations cover biodiesel in          SUMMARY:   The National Oceanic and                   Management Act. When the evaluation
                                                    pure form (B100) as well as fuel mixtures               Atmospheric Administration (NOAA),                    is completed, NOAA’s Office for Coastal
                                                    containing at least 99 percent biodiesel by             Office for Coastal Management will hold               Management will place a notice in the
                                                    volume (B99). For fuel mixtures containing              a public meeting to solicit comments for              Federal Register announcing the
                                                    less than 99 percent biodiesel by volume,               the performance evaluation of the                     availability of the Final Evaluation
                                                    only the biodiesel component of the mixture
                                                    is covered by the scope of the investigations.
                                                                                                            Padilla Bay National Estuarine Research               Findings.
                                                       Biodiesel is generally produced to                   Reserve.                                                 Specific information on the periodic
                                                    American Society for Testing and Materials              DATES: Padilla Bay National Estuarine                 evaluation of reserves that are the
                                                    International (ASTM) D6751 specifications,              Research Reserve Evaluation: The                      subject of this notice are detailed below
                                                    but it can also be made to other                        public meeting will be held on                        as follows:
                                                    specifications. Biodiesel commonly has one              Wednesday, September 27, 2017, and
                                                    of the following Chemical Abstracts Service             written comments must be received on                  Padilla Bay National Estuarine
                                                    (CAS) numbers, generally depending upon                                                                       Research Reserve Evaluation
                                                                                                            or before Friday, October 6, 2017.
                                                    the feedstock used: 67784–80–9 (soybean oil
                                                    methyl esters); 91051–34–2 (palm oil methyl               For specific dates, times, and
                                                                                                            locations of the public meeting, see                    You may participate or submit oral
                                                    esters); 91051–32–0 (palm kernel oil methyl                                                                   comments at the public meeting
                                                    esters); 73891–99–3 (rapeseed oil methyl                SUPPLEMENTARY INFORMATION.
                                                    esters); 61788–61–2 (tallow methyl esters);                                                                   scheduled as follows:
                                                                                                            ADDRESSES: You may submit comments
                                                    68990–52–3 (vegetable oil methyl esters);               on the reserves and coastal program                     Date: September 27, 2017.
                                                    129828–16–6 (canola oil methyl esters);                 NOAA intends to evaluate by any of the
                                                    67762–26–9 (unsaturated alkylcarboxylic
                                                                                                                                                                    Time: 7:00 p.m., local time.
                                                                                                            following methods:
                                                    acid methyl ester); or 68937–84–8 (fatty                                                                        Location: Padilla Bay Reserve
                                                                                                              Public Meeting and Oral Comments:
                                                    acids, C12–C18, methyl ester).                                                                                Interpretive Center, 10441 Bayview-
                                                       The B100 product subject to the                      A public meeting will be held in Mt.
                                                                                                            Vernon, Washington for the Padilla Bay                Edison Road, Mt. Vernon, WA 98273.
                                                    investigation is currently classifiable under
                                                    subheading 3826.00.1000 of the Harmonized               Reserve. For the specific location, see                 Written comments must be received
                                                    Tariff Schedule of the United States                    SUPPLEMENTARY INFORMATION.                            on or before October 6, 2017.
                                                    (HTSUS), while the B99 product is currently               Written Comments: Please direct                       Dated: July 27, 2017.
                                                    classifiable under HTSUS subheading                     written comments to Ralph Cantral,                    Federal Domestic Assistance Catalog 11.419
                                                    3826.00.3000. Although the HTSUS                        Senior Advisor, NOAA Office for
                                                    subheadings, ASTM specifications, and CAS                                                                     Coastal Zone Management Program
                                                                                                            Coastal Management, 1305 East West                    Administration
                                                    numbers are provided for convenience and
                                                                                                            Highway N/OCM1, Silver Spring, MD
                                                    customs purposes, the written description of                                                                  Paul M. Scholz,
                                                    the scope is dispositive.                               20910, or via email to Ralph.Cantral@
                                                                                                            noaa.gov.                                             Deputy Director, Office for Coastal
                                                    Appendix II—List of Topics Discussed                                                                          Management, National Ocean Service,
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      National Oceanic and Atmospheric
                                                    in the Preliminary Decision
                                                                                                            Ralph Cantral, Senior Advisor, Policy,                Administration.
                                                    Memorandum
                                                                                                            NOAA Office for Coastal Management,
                                                                                                                                                                  [FR Doc. 2017–18192 Filed 8–25–17; 8:45 am]
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                                                    I. Summary                                              1305 East West Highway N/OCM1,
                                                    II. Background                                          Silver Spring, MD 20910, (240) 533–                   BILLING CODE 3510–08–P
                                                    III. Scope Comments                                     0729, or via email to Ralph.Cantral@
                                                    IV. Scope of the Investigation                          noaa.gov. Copies of the previous
                                                    V. Injury Test
                                                    VI. Preliminary Determination of Critical
                                                                                                            evaluation findings, Management Plan,
                                                          Circumstances                                     and Site Profile may be viewed and
                                                    VII. Use of Facts Otherwise Available and               downloaded on the Internet at http://
                                                          Adverse Facts Available                           coast.noaa.gov/czm/evaluations. A copy
                                                    VIII. Subsidies Valuation                               of the evaluation notification letter and


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Document Created: 2017-08-28 11:30:09
Document Modified: 2017-08-28 11:30:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesAugust 28, 2017.
ContactElfi Blum-Page or Kathryn Wallace, 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) 482-0197 or (202) 482-6251, respectively.
FR Citation82 FR 40748 

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