82_FR_50588 82 FR 50379 - Biodiesel From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value

82 FR 50379 - Biodiesel From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 209 (October 31, 2017)

Page Range50379-50381
FR Document2017-23602

The Department of Commerce (the Department) preliminarily determines that biodiesel from Indonesia is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 209 (Tuesday, October 31, 2017)
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50379-50381]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23602]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-830]


Biodiesel From Indonesia: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that biodiesel from Indonesia is being, or is likely to be, 
sold in the United States at less than fair value (LTFV). The period of 
investigation (POI) is January 1, 2016, through December 31, 2016.

DATES: Effective October 31, 2017.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alexander Cipolla, 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) 482-2371 or (202) 
482-4956, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(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\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics included 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 https://access.trade.gov, and 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 the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \1\ See Biodiesel from Argentina and Indonesia: Initiation of 
Less-Than-Fair Value Investigations, 82 FR 18428 (April 19, 2017) 
(Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Biodiesel 
from Indonesia'' 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 
Indonesia. 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,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ No interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. Therefore, the Department is preliminarily not 
modifying the scope language as it appeared in the Initiation Notice. 
See the scope in Appendix I to this notice.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice, 82 FR at 18428-29.
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Methodology

    The Department is conducting this investigation in accordance with 
section

[[Page 50380]]

731 of the Act. The Department has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. In addition, the Department has relied on adverse facts available 
pursuant to sections 776(a) and (b) of the Act for PT Musim Mas (Musim 
Mas). For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

Particular Market Situation

    On July 25, 2017, the National Biodiesel Board Fair Trade Coalition 
(petitioner) filed a particular market situation (PMS) allegation with 
respect to the respondents' home market sales prices and reported costs 
of production.\5\ The petitioner asserts that a PMS exists in Indonesia 
because the Government of Indonesia (GOI) sets low mandatory prices and 
sales quotas for biodiesel in the home market, and restrains the 
exports of crude palm oil (CPO) with an export tax and levy, thereby 
distorting the respondents' reported raw material CPO costs in 
Indonesia. The petitioner argues that the Department should disregard 
the respondents' home market sales based on a finding that they are 
significantly distorted by government intervention. The petitioner also 
urges the Department to make an adjustment for the cost of CPO 
purchased from domestic suppliers to address the distorted Indonesian 
market for CPO.
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    \5\ See Petitioner's Letter, ``Biodiesel from Indonesia: 
Petitioner's Particular Market Situation Allegation Regarding 
Respondents' Home Market Sales and Costs of Produciton,'' dated July 
25, 2017.
---------------------------------------------------------------------------

    The respondents and the GOI argue that the prices set by the GOI 
are based on market prices, and the total compensation each respondent 
receives for sales of biodiesel in Indonesia reflects the full market 
value of its biodiesel. The respondents also contend that their sales 
that are not controlled by the government constitute a viable home 
market. Each respondent argues that the lower prices paid for CPO are 
not enough for a PMS finding, and that they should be examined in the 
context of the concurrent countervailing duty (CVD) investigation.
    Based on the facts on the record, the Department preliminarily 
finds that the GOI's regulation of the domestic biodiesel market 
amounts to a particular market situation in Indonesia that renders the 
home market prices of Wilmar Trading PTE Ltd. (Wilmar), the only 
respondent for which we are preliminarily calculating a weighted-
average dumping margin, outside the ordinary course of trade. 
Therefore, the Department is preliminarily relying on constructed value 
(CV) as the basis for NV in this investigation for Wilmar. The 
Department also preliminarily finds that a PMS exists in Indonesia with 
regard to the cost of CPO as a component of the cost of manufacturing 
(COM) for biodiesel. Therefore, the Department has adjusted Wilmar's 
COM to account for the distorted cost of CPO. For a full description of 
the methodology underlying the PMS determination, see the Preliminary 
Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually examined. This rate shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding rates that are zero, de minimis, or determined entirely on 
facts available under section 776 of the Act.
    In this investigation, the Department preliminarily assigned a rate 
based entirely on facts available to Musim Mas. Therefore, the only 
rate that is not zero, de minimis or based entirely on facts otherwise 
available is the rate calculated for Wilmar. Consequently, the rate 
calculated for Wilmar is also assigned as the rate for all-other 
producers and exporters.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:
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    \6\ The Department preliminarily determines that Wilmar Trading 
PTE Ltd., PT Wilmar Bioenergi Indonesia, PT Wilmar Nabati Indonesia, 
and PT Multi Nabati Sulawesi are affiliated pursuant to section 
771(33)(F) of the Act and should be collapsed and treated as a 
single entity pursuant to 19 CFR 351.401(f). See Preliminary 
Decision Memorandum.

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                  Exporter or producer                        average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Wilmar Trading PTE Ltd \6\..............................           50.71
PT Musim Mas............................................           50.71
All-Others..............................................           50.71
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(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 Appendix 
I, entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of this notice in the Federal Register. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), the Department will instruct CBP to require a cash deposit 
equal to the estimated weighted-average dumping margin as follows: (1) 
The cash deposit rate for the respondents listed above will be equal to 
the company-specific estimated weighted-average dumping margins 
determined in this preliminary determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.
    The Department normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion CVD proceeding in accordance with section 772(c)(1)(C), when 
CVD provisional measures are in effect. Accordingly, where the 
Department preliminarily made an affirmative determination for 
countervailable export subsidies, the Department has offset the 
estimated weighted-average dumping margin by the appropriate CVD rate. 
In the preliminary determination in the companion CVD investigation, 
the Department found no countervailable export subsidies.\7\ Therefore, 
we preliminarily determine not to adjust the cash deposit rates in the 
Preliminary Determination.
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    \7\ See Biodiesel from the Republic of Indonesia: Preliminary 
Affirmative Countervailing Duty Determination, 82 FR 40746 (August 
28, 2017), and accompanying Preliminary Decision Memorandum.
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    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any 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).

[[Page 50381]]

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

    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, unless the Secretary alters the time limit. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\8\ 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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
the Department will issue the final determination within 75 days after 
the date of its preliminary determination. Accordingly, the Department 
will make its final determination no later than 75 days after the 
signature date of this preliminary determination, unless extended.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 19, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions 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 investigation covers 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 investigation.
    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. Period of Investigation
IV. Use of Facts Available and Adverse Facts Available
    A. Legal Authority
    B. Application of Facts Available to Musim Mas
    C. Use of Adverse Inferences
    D. Selection and Corroboration of AFA Rate
V. Affiliation and Collapsing
    A. Wilmar
VI. Discussion of the Methodology
    A. Comparisions to Fair Value
VII. Product Comparisons
VIII. Date of Sale
IX. Export Price and Constructed Price
X. Normal Value
    A. Home Market Viability
XI. Particular Market Situation
    A. Background
    B. Interested Parties' Arguments
    C. Analysis
XII. Calculation of Normal Value Based on Constructed Value
XIII. Circumstance of Sale
XIV. Adjustment to Cash Deposit Rate for Export Subsidies
XV. Currency Conversion
XVI. Conclusion

[FR Doc. 2017-23602 Filed 10-30-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                                   50379

                                                    International Trade Commission                          Appendix II                                           SUPPLEMENTARY INFORMATION:
                                                    Notification                                            List of Topics Discussed in the Preliminary           Background
                                                                                                            Decision Memorandum
                                                       In accordance with section 733(f) of                                                                          This preliminary determination is
                                                    the Act, the Department will notify the                 I. Summary                                            made in accordance with section 733(b)
                                                    International Trade Commission (ITC) of                 II. Background                                        of the Tariff Act of 1930, as amended
                                                                                                            III. Period of Investigation
                                                    its preliminary affirmative                                                                                   (the Act). The Department published the
                                                                                                            IV. Scope Comments
                                                    determination. If the final determination               V. Discussion of the Methodology                      notice of initiation of this investigation
                                                    is affirmative, the ITC will determine                     A. Determination of the Comparison                 on April 19, 2017.1 For a complete
                                                    before the later of 120 days after the date                   Method                                          description of the events that followed
                                                    of this preliminary determination or 45                    B. Results of the Differential Pricing             the initiation of this investigation, see
                                                    days after the final determination                            Analysis                                        the Preliminary Decision
                                                    whether these imports are materially                    VI. Date of Sale                                      Memorandum.2 A list of topics included
                                                    injuring, or threaten material injury to,               VII. Product Comparisons                              in the Preliminary Decision
                                                    the U.S. industry.                                      VIII. Export Price                                    Memorandum is included as Appendix
                                                                                                            IX. Normal Value
                                                                                                                                                                  II to this notice. The Preliminary
                                                    Notification to Interested Parties                         A. Comparison Market Viability
                                                                                                               B. Affiliated-Party Transactions and Arm’s-        Decision Memorandum is a public
                                                      This determination is issued and                            Length Test                                     document and is on file electronically
                                                    published in accordance with sections                      C. Level of Trade                                  via Enforcement and Compliance’s
                                                    733(f) and 777(i)(1) of the Act and 19                     D. Cost of Production (COP) Analysis               Antidumping and Countervailing Duty
                                                    CFR 351.205(c).                                            1. Calculation of COP                              Centralized Electronic Service System
                                                                                                               2. Test of Comparison Market Sales Prices          (ACCESS). ACCESS is available to
                                                      Dated: October 24, 2017.                                 3. Results of the COP Test                         registered users at https://
                                                    Gary Taverman,                                             E. Calculation of NV Based on Comparison           access.trade.gov, and to all parties in the
                                                    Deputy Assistant Secretary for Antidumping                    Market Prices
                                                                                                                                                                  Central Records Unit, Room B8024 of
                                                    and Countervailing Duty Operations,                        F. Calculation of NV Based on Constructed
                                                                                                                  Value                                           the main Department of Commerce
                                                    performing the non-exclusive functions and                                                                    building. In addition, a complete
                                                    duties of the Assistant Secretary for                   X. Preliminary Negative Determination of
                                                    Enforcement and Compliance.                                   Critical Circumstances                          version of the Preliminary Decision
                                                                                                               A. Legal Framework                                 Memorandum can be accessed directly
                                                    Appendix I                                                 B. Critical Circumstances Allegation               at http://enforcement.trade.gov/frn/.
                                                                                                               C. Analysis                                        The signed and the electronic versions
                                                    Scope of the Investigation
                                                                                                            XI. Adjustment to Cash Deposit Rate for               of the Preliminary Decision
                                                       The products covered by this investigation                 Export Subsidies                                Memorandum are identical in content.
                                                    are certain hot-rolled products of carbon steel         XII. Currency Conversion
                                                    and alloy steel, in coils, of approximately             XIII. Conclusion                                      Scope of the Investigation
                                                    round cross section, less than 19.00 mm in              [FR Doc. 2017–23647 Filed 10–30–17; 8:45 am]            The product covered by this
                                                    actual solid cross-sectional diameter.
                                                    Specifically excluded are steel products
                                                                                                            BILLING CODE 3510–DS–P                                investigation is biodiesel from
                                                    possessing the above-noted physical                                                                           Indonesia. For a complete description of
                                                    characteristics and meeting the Harmonized                                                                    the scope of this investigation, see
                                                    Tariff Schedule of the United States (HTSUS)            DEPARTMENT OF COMMERCE                                Appendix I.
                                                    definitions for (a) stainless steel; (b) tool
                                                                                                            International Trade Administration                    Scope Comments
                                                    steel; (c) high-nickel steel; (d) ball bearing
                                                    steel; or (e) concrete reinforcing bars and             [A–560–830]                                             In accordance with the preamble to
                                                    rods. Also excluded are free cutting steel                                                                    the Department’s regulations,3 the
                                                    (also known as free machining steel)                    Biodiesel From Indonesia: Preliminary                 Initiation Notice set aside a period of
                                                    products (i.e., products that contain by                Affirmative Determination of Sales at                 time for parties to raise issues regarding
                                                    weight one or more of the following                     Less Than Fair Value                                  product coverage (i.e., scope).4 No
                                                    elements: 0.1 percent or more of lead, 0.05                                                                   interested parties commented on the
                                                    percent or more of bismuth, 0.08 percent or             AGENCY:  Enforcement and Compliance,                  scope of the investigation as it appeared
                                                    more of sulfur, more than 0.04 percent of               International Trade Administration,                   in the Initiation Notice. Therefore, the
                                                    phosphorous, more than 0.05 percent of                  Department of Commerce.
                                                    selenium, or more than 0.01 percent of                                                                        Department is preliminarily not
                                                                                                            SUMMARY: The Department of Commerce
                                                    tellurium). All products meeting the physical                                                                 modifying the scope language as it
                                                                                                            (the Department) preliminarily
                                                    description of subject merchandise that are                                                                   appeared in the Initiation Notice. See
                                                                                                            determines that biodiesel from
                                                    not specifically excluded are included in this                                                                the scope in Appendix I to this notice.
                                                                                                            Indonesia is being, or is likely to be,
                                                    scope.
                                                                                                            sold in the United States at less than fair           Methodology
                                                       The products under investigation are
                                                    currently classifiable under subheadings                value (LTFV). The period of                             The Department is conducting this
                                                    7213.91.3011, 213.91.3015, 7213.91.3020,                investigation (POI) is January 1, 2016,               investigation in accordance with section
                                                    7213.91.3093; 7213.91.4500, 7213.91.6000,               through December 31, 2016.
                                                    7213.99.0030, 7227.20.0030, 7227.20.0080,               DATES: Effective October 31, 2017.                      1 See Biodiesel from Argentina and Indonesia:

                                                    7227.90.6010, 7227.90.6020, 7227.90.6030,                                                                     Initiation of Less-Than-Fair Value Investigations, 82
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    and 7227.90.6035 of the HTSUS. Products                                                                       FR 18428 (April 19, 2017) (Initiation Notice).
                                                                                                            Myrna Lobo or Alexander Cipolla, AD/                    2 See Memorandum, ‘‘Decision Memorandum for
                                                    entered under subheadings 7213.99.0090 and
                                                                                                            CVD Operations, Office VII,                           the Preliminary Determination in the Less-Than-
                                                    7227.90.6090 of the HTSUS also may be
                                                    included in this scope if they meet the
                                                                                                            Enforcement and Compliance,                           Fair-Value Investigation of Biodiesel from
                                                                                                            International Trade Administration,                   Indonesia’’ dated concurrently with, and hereby
                                                    physical description of subject merchandise                                                                   adopted by, this notice (Preliminary Decision
                                                    above. Although the HTSUS subheadings are               U.S. Department of Commerce, 1401                     Memorandum).
                                                    provided for convenience and customs                    Constitution Avenue NW., Washington,                    3 See Antidumping Duties; Countervailing Duties,

                                                    purposes, the written description of the                DC 20230; telephone: (202) 482–2371 or                Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                    scope of this proceeding is dispositive.                (202) 482–4956, respectively.                           4 See Initiation Notice, 82 FR at 18428–29.




                                               VerDate Sep<11>2014   17:37 Oct 30, 2017   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\31OCN1.SGM   31OCN1


                                                    50380                        Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

                                                    731 of the Act. The Department has                      only respondent for which we are                       Suspension of Liquidation
                                                    calculated export prices in accordance                  preliminarily calculating a weighted-                     In accordance with section 733(d)(2)
                                                    with section 772(a) of the Act.                         average dumping margin, outside the                    of the Act, the Department will direct
                                                    Constructed export prices have been                     ordinary course of trade. Therefore, the               U.S. Customs and Border Protection
                                                    calculated in accordance with section                   Department is preliminarily relying on                 (CBP) to suspend liquidation of entries
                                                    772(b) of the Act. Normal value (NV) is                 constructed value (CV) as the basis for                of subject merchandise, as described in
                                                    calculated in accordance with section                   NV in this investigation for Wilmar. The               Appendix I, entered, or withdrawn from
                                                    773 of the Act. In addition, the                        Department also preliminarily finds that               warehouse, for consumption on or after
                                                    Department has relied on adverse facts                  a PMS exists in Indonesia with regard                  the date of publication of this notice in
                                                    available pursuant to sections 776(a)                   to the cost of CPO as a component of the               the Federal Register. Further, pursuant
                                                    and (b) of the Act for PT Musim Mas                     cost of manufacturing (COM) for                        to section 733(d)(1)(B) of the Act and 19
                                                    (Musim Mas). For a full description of                  biodiesel. Therefore, the Department has               CFR 351.205(d), the Department will
                                                    the methodology underlying the                          adjusted Wilmar’s COM to account for                   instruct CBP to require a cash deposit
                                                    preliminary determination, see the                      the distorted cost of CPO. For a full                  equal to the estimated weighted-average
                                                    Preliminary Decision Memorandum.                        description of the methodology                         dumping margin as follows: (1) The
                                                    Particular Market Situation                             underlying the PMS determination, see                  cash deposit rate for the respondents
                                                                                                            the Preliminary Decision Memorandum.                   listed above will be equal to the
                                                       On July 25, 2017, the National                                                                              company-specific estimated weighted-
                                                    Biodiesel Board Fair Trade Coalition                    All-Others Rate
                                                                                                                                                                   average dumping margins determined in
                                                    (petitioner) filed a particular market                                                                         this preliminary determination; (2) if the
                                                    situation (PMS) allegation with respect                   Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                                                                                            of the Act provide that in the                         exporter is not a respondent identified
                                                    to the respondents’ home market sales                                                                          above, but the producer is, then the cash
                                                    prices and reported costs of                            preliminary determination the
                                                                                                            Department shall determine an                          deposit rate will be equal to the
                                                    production.5 The petitioner asserts that                                                                       company-specific estimated weighted-
                                                    a PMS exists in Indonesia because the                   estimated all-others rate for all exporters
                                                                                                            and producers not individually                         average dumping margin established for
                                                    Government of Indonesia (GOI) sets low                                                                         that producer of the subject
                                                    mandatory prices and sales quotas for                   examined. This rate shall be an amount
                                                                                                            equal to the weighted average of the                   merchandise; and (3) the cash deposit
                                                    biodiesel in the home market, and                                                                              rate for all other producers and
                                                    restrains the exports of crude palm oil                 estimated weighted-average dumping
                                                                                                            margins established for exporters and                  exporters will be equal to the all-others
                                                    (CPO) with an export tax and levy,                                                                             estimated weighted-average dumping
                                                    thereby distorting the respondents’                     producers individually investigated,
                                                                                                            excluding rates that are zero, de                      margin.
                                                    reported raw material CPO costs in                                                                                The Department normally adjusts
                                                    Indonesia. The petitioner argues that the               minimis, or determined entirely on facts
                                                                                                            available under section 776 of the Act.                cash deposits for estimated antidumping
                                                    Department should disregard the                                                                                duties by the amount of export subsidies
                                                    respondents’ home market sales based                      In this investigation, the Department                countervailed in a companion CVD
                                                    on a finding that they are significantly                preliminarily assigned a rate based                    proceeding in accordance with section
                                                    distorted by government intervention.                   entirely on facts available to Musim                   772(c)(1)(C), when CVD provisional
                                                    The petitioner also urges the                           Mas. Therefore, the only rate that is not              measures are in effect. Accordingly,
                                                    Department to make an adjustment for                    zero, de minimis or based entirely on                  where the Department preliminarily
                                                    the cost of CPO purchased from                          facts otherwise available is the rate                  made an affirmative determination for
                                                    domestic suppliers to address the                       calculated for Wilmar. Consequently,                   countervailable export subsidies, the
                                                    distorted Indonesian market for CPO.                    the rate calculated for Wilmar is also                 Department has offset the estimated
                                                       The respondents and the GOI argue                    assigned as the rate for all-other                     weighted-average dumping margin by
                                                    that the prices set by the GOI are based                producers and exporters.                               the appropriate CVD rate. In the
                                                    on market prices, and the total                                                                                preliminary determination in the
                                                                                                            Preliminary Determination
                                                    compensation each respondent receives                                                                          companion CVD investigation, the
                                                    for sales of biodiesel in Indonesia                       The Department preliminarily                         Department found no countervailable
                                                    reflects the full market value of its                   determines that the following estimated                export subsidies.7 Therefore, we
                                                    biodiesel. The respondents also contend                 weighted-average dumping margins                       preliminarily determine not to adjust
                                                    that their sales that are not controlled by             exist:                                                 the cash deposit rates in the Preliminary
                                                    the government constitute a viable home                                                                        Determination.
                                                    market. Each respondent argues that the                                                          Estimated        These suspension of liquidation
                                                    lower prices paid for CPO are not                                                                weighted-     instructions will remain in effect until
                                                    enough for a PMS finding, and that they                                                           average      further notice.
                                                                                                                  Exporter or producer
                                                    should be examined in the context of                                                             dumping
                                                                                                                                                      margin  Disclosure
                                                    the concurrent countervailing duty                                                               (percent)
                                                    (CVD) investigation.                                                                                         The Department intends to disclose
                                                       Based on the facts on the record, the                Wilmar Trading PTE Ltd 6 .....              50.71 its calculations and analysis performed
                                                    Department preliminarily finds that the                 PT Musim Mas .....................          50.71 to interested parties in this preliminary
                                                    GOI’s regulation of the domestic                        All-Others ..............................   50.71 determination within five days of any
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    biodiesel market amounts to a particular                                                                  public announcement or, if there is no
                                                    market situation in Indonesia that                                                                        public announcement, within five days
                                                                                                              6 The Department preliminarily determines that
                                                    renders the home market prices of                                                                         of the date of publication of this notice
                                                                                                            Wilmar Trading PTE Ltd., PT Wilmar Bioenergi
                                                    Wilmar Trading PTE Ltd. (Wilmar), the                   Indonesia, PT Wilmar Nabati Indonesia, and PT     in accordance with 19 CFR 351.224(b).
                                                                                                            Multi Nabati Sulawesi are affiliated pursuant to
                                                      5 See Petitioner’s Letter, ‘‘Biodiesel from           section 771(33)(F) of the Act and should be              7 See Biodiesel from the Republic of Indonesia:

                                                    Indonesia: Petitioner’s Particular Market Situation     collapsed and treated as a single entity pursuant to   Preliminary Affirmative Countervailing Duty
                                                    Allegation Regarding Respondents’ Home Market           19 CFR 351.401(f). See Preliminary Decision            Determination, 82 FR 40746 (August 28, 2017), and
                                                    Sales and Costs of Produciton,’’ dated July 25, 2017.   Memorandum.                                            accompanying Preliminary Decision Memorandum.



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                                                                                 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                               50381

                                                    Verification                                            its preliminary determination. If the                 II. Background
                                                                                                            final determination is affirmative, the               III. Period of Investigation
                                                       As provided in section 782(i)(1) of the                                                                    IV. Use of Facts Available and Adverse Facts
                                                    Act, the Department intends to verify                   ITC will determine before the later of
                                                                                                            120 days after the date of this                             Available
                                                    the information relied upon in making                                                                            A. Legal Authority
                                                    its final determination.                                preliminary determination or 45 days                     B. Application of Facts Available to Musim
                                                                                                            after the final determination whether                       Mas
                                                    Public Comment                                          these imports are materially injuring, or                C. Use of Adverse Inferences
                                                       Case briefs or other written comments                threaten material injury to, the U.S.                    D. Selection and Corroboration of AFA
                                                    may be submitted to the Assistant                       industry.                                                   Rate
                                                    Secretary for Enforcement and                                                                                 V. Affiliation and Collapsing
                                                                                                            Notification to Interested Parties                       A. Wilmar
                                                    Compliance no later than seven days
                                                    after the date on which the last                          This determination is issued and                    VI. Discussion of the Methodology
                                                                                                            published in accordance with sections                    A. Comparisions to Fair Value
                                                    verification report is issued in this
                                                                                                            733(f) and 777(i)(1) of the Act and 19                VII. Product Comparisons
                                                    investigation, unless the Secretary alters                                                                    VIII. Date of Sale
                                                    the time limit. Rebuttal briefs, limited to             CFR 351.205(c).
                                                                                                                                                                  IX. Export Price and Constructed Price
                                                    issues raised in case briefs, may be                      Dated: October 19, 2017.                            X. Normal Value
                                                    submitted no later than five days after                 Gary Taverman,                                           A. Home Market Viability
                                                    the deadline date for case briefs.8                     Deputy Assistant Secretary for Antidumping            XI. Particular Market Situation
                                                    Pursuant to 19 CFR 351.309(c)(2) and                    and Countervailing Duty Operations,                      A. Background
                                                    (d)(2), parties who submit case briefs or               performing the non-exclusive functions and               B. Interested Parties’ Arguments
                                                    rebuttal briefs in this investigation are               duties of the Assistant Secretary for                    C. Analysis
                                                    encouraged to submit with each                          Enforcement and Compliance.                           XII. Calculation of Normal Value Based on
                                                                                                                                                                        Constructed Value
                                                    argument: (1) A statement of the issue;
                                                                                                            Appendix I                                            XIII. Circumstance of Sale
                                                    (2) a brief summary of the argument;                                                                          XIV. Adjustment to Cash Deposit Rate for
                                                    and (3) a table of authorities.                         Scope of the Investigation                                  Export Subsidies
                                                       Pursuant to 19 CFR 351.310(c),                                                                             XV. Currency Conversion
                                                                                                               The product covered by this investigation
                                                    interested parties who wish to request a                                                                      XVI. Conclusion
                                                                                                            is biodiesel, which is a fuel comprised of
                                                    hearing, limited to issues raised in the                mono-alkyl esters of long chain fatty acids           [FR Doc. 2017–23602 Filed 10–30–17; 8:45 am]
                                                    case and rebuttal briefs, must submit a                 derived from vegetable oils or animal fats,           BILLING CODE 3510–DS–P
                                                    written request to the Assistant                        including biologically based waste oils or
                                                    Secretary for Enforcement and                           greases, and other biologically-based oil or fat
                                                    Compliance, U.S. Department of                          sources. The investigation covers biodiesel in
                                                                                                                                                                  DEPARTMENT OF COMMERCE
                                                    Commerce, within 30 days after the date                 pure form (B100) as well as fuel mixtures
                                                    of publication of this notice. Requests                 containing at least 99 percent biodiesel by
                                                                                                                                                                  International Trade Administration
                                                    should contain the party’s name,                        volume (B99). For fuel mixtures containing
                                                                                                            less than 99 percent biodiesel by volume,             [A–475–836]
                                                    address, and telephone number, the
                                                                                                            only the biodiesel component of the mixture
                                                    number of participants, whether any                     is covered by the scope of the investigation.         Carbon and Alloy Steel Wire Rod From
                                                    participant is a foreign national, and a                   Biodiesel is generally produced to                 Italy: Preliminary Affirmative
                                                    list of the issues to be discussed. If a                American Society for Testing and Materials            Determination of Sales at Less Than
                                                    request for a hearing is made, the                      International (ASTM) D6751 specifications,            Fair Value
                                                    Department intends to hold the hearing                  but it can also be made to other
                                                    at the U.S. Department of Commerce,                     specifications. Biodiesel commonly has one            AGENCY:   Enforcement and Compliance,
                                                    1401 Constitution Avenue NW.,                           of the following Chemical Abstracts Service           International Trade Administration,
                                                    Washington, DC 20230, at a time and                     (CAS) numbers, generally depending upon               Department of Commerce.
                                                                                                            the feedstock used: 67784–80–9 (soybean oil           SUMMARY: The Department of Commerce
                                                    date to be determined. Parties should
                                                                                                            methyl esters); 91051–34–2 (palm oil methyl
                                                    confirm by telephone the date, time, and                                                                      (the Department) preliminarily
                                                                                                            esters); 91051–32–0 (palm kernel oil methyl
                                                    location of the hearing two days before                 esters); 73891–99–3 (rapeseed oil methyl              determines that carbon and alloy steel
                                                    the scheduled date.                                     esters); 61788–61–2 (tallow methyl esters);           wire rod (wire rod) from Italy is being,
                                                                                                            68990–52–3 (vegetable oil methyl esters);             or is likely to be, sold in the United
                                                    Final Determination                                                                                           States at less than fair value (LTFV). The
                                                                                                            129828–16–6 (canola oil methyl esters);
                                                       Section 735(a)(1) of the Act and 19                  67762–26–9 (unsaturated alkylcarboxylic               period of investigation (POI) is January
                                                    CFR 351.210(b)(1) provide that the                      acid methyl ester); or 68937–84–8 (fatty              1, 2016, through December 31, 2016.
                                                    Department will issue the final                         acids, C12–C18, methyl ester).                        DATES: Applicable October 31, 2017.
                                                    determination within 75 days after the                     The B100 product subject to the
                                                                                                            investigation is currently classifiable under         FOR FURTHER INFORMATION CONTACT:
                                                    date of its preliminary determination.                                                                        Victoria Cho or Mark Flessner, AD/CVD
                                                                                                            subheading 3826.00.1000 of the Harmonized
                                                    Accordingly, the Department will make                                                                         Operations, Office VI, Enforcement and
                                                                                                            Tariff Schedule of the United States
                                                    its final determination no later than 75                (HTSUS), while the B99 product is currently           Compliance, International Trade
                                                    days after the signature date of this                   classifiable under HTSUS subheading                   Administration, U.S. Department of
                                                    preliminary determination, unless                       3826.00.3000. Although the HTSUS                      Commerce, 1401 Constitution Avenue
                                                    extended.                                               subheadings, ASTM specifications, and CAS             NW., Washington, DC 20230; telephone:
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            numbers are provided for convenience and
                                                    International Trade Commission                                                                                (202) 482–5075 or (202) 482–6312,
                                                                                                            customs purposes, the written description of
                                                    Notification                                            the scope is dispositive.                             respectively.
                                                      In accordance with section 733(f) of                                                                        SUPPLEMENTARY INFORMATION:
                                                    the Act, the Department will notify the                 Appendix II
                                                                                                                                                                  Background
                                                    International Trade Commission (ITC) of
                                                                                                            List of Topics Discussed in the Preliminary             This preliminary determination is
                                                       8 See 19 CFR 351.309; see also 19 CFR 351.303        Decision Memorandum                                   made in accordance with section 733(b)
                                                    (for general filing requirements).                      I. Summary                                            of the Tariff Act of 1930, as amended


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Document Created: 2018-10-25 10:17:38
Document Modified: 2018-10-25 10:17:38
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
DatesEffective October 31, 2017.
ContactMyrna Lobo or Alexander Cipolla, 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) 482-2371 or (202) 482-4956, respectively.
FR Citation82 FR 50379 

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