82 FR 50391 - Biodiesel From Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 209 (October 31, 2017)
International Trade Administration
Federal Register Volume 82, Issue 209 (October 31, 2017)
| Page Range | 50391-50394 | |
| FR Document | 2017-23601 |
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)] [Notices] [Pages 50391-50394] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23601] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-357-820] Biodiesel From Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that biodiesel from Argentina is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is January 1, 2016, through December 31, 2016. DATES: Effective October 31, 2017. FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482-3870. 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 Department's main 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. --------------------------------------------------------------------------- \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 to Gary Tavernman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, from James Maeder, Senior Director for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Biodiesel from Argentina,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- 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,\3\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).\4\ No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Therefore, the Department is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \4\ See Initiation Notice. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 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. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e) of the Act and 19 CFR 351.206, the Department preliminarily finds that critical circumstances exist for LDC Argentina S.A. (LDC) and ``all other'' producers or exporters not individually examined. We preliminarily find that critical circumstances do not exist for Vicentin S.A.I.C. (Vicentin) and certain affiliated companies (collectively, the Vicentin Group).\5\ For a full description [[Page 50392]] of the methodology and results of the Department's critical circumstances analysis, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \5\ Vicentin Group consists of the following companies: Vicentin, Renova S.A., Oleaginosa Moreno Hermanos S.A., Molinos Agro S.A., Patagonia Energia S.A., VFG Inversiones y Actividades Especiales S.A., Vicentin S.A.I.C. Sucursal Uy, Trading Company X, and Molinos Overseas Commodities S.A. See Preliminary Decision Memorandum at ``Affiliation and Collapsing.'' --------------------------------------------------------------------------- Particular Market Situation On August 2, 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.\6\ The petitioner asserts that a PMS exists in Argentina because the Government of Argentina (GOA) sets both mandatory monthly sales prices and sales quotas for biodiesel producers, and restrains the exports of soybeans with an export tax, thereby depressing the respondents' reported raw material costs in Argentina. 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 price of soybeans purchased from domestic suppliers to address the distorted Argentine market for soybeans. --------------------------------------------------------------------------- \6\ See Petitioner's Letter, ``Biodiesel from Argentina: Petitioner's Particular Market Situation Allegation Regarding Respondents' Home Market Sales and Costs of Production,'' dated August 2, 2017 (PMS Allegation). --------------------------------------------------------------------------- The respondent Vicentin argues that the Department has a preference for using home market prices and that the standard for finding a PMS and rejecting home market prices is that the government control must be so extensive that pricing is not longer profitable.\7\ Vicentin contends the GOA's prices allow for a return on capital. Furthermore, Vicentin asserts that the claim that the export tax on soybeans is distortive is speculative and it cites studies finding that the elimination of the export tax would have a negligible effect on domestic soybean prices. Finally, Vicentin contends that the Department has previously made clear that a single subsidized raw material is insufficient to conclude that a PMS exists. --------------------------------------------------------------------------- \7\ See Vicentin's Affirmative Pre-Preliminary Comments at 5. --------------------------------------------------------------------------- Based on the facts on the record, the Department preliminarily finds that the GOA's regulation of the domestic biodiesel market amounts to a PMS in Argentina that renders the home market prices of the Vicentin Group and LDC outside the ordinary course of trade. Therefore, the Department is preliminarily relying on constructed value as the basis for NV in this investigation for both respondents. The Department also preliminarily finds that a PMS exists in Argentina with regard to the price of soybeans as a component of the cost of manufacturing (COM) for biodiesel. Therefore, the Department has adjusted the Vicentin Group's and LDC's COM to account for the distorted cost of soybeans. 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 calculated estimated weighted-average dumping margins for LDC and the Vicentin Group 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 estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly- ranged values for the merchandise under consideration.\8\ --------------------------------------------------------------------------- \8\ With two respondents under examination, the Department normally calculates (A) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins 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 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 Memorandum to the File ``Antidumping Duty Investigation of Biodiesel from Argentina: Preliminary Determsnation Calculation for the `All-Others' Rate,'' October 19, 2017 (Preliminary All-Others Rate Memorandum). --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Cash deposit rate Estimated weighted- (adjusted for Exporter or producer average dumping subsidy offset(s)) margin (percent) (percent) ------------------------------------------------------------------------ LDC Argentina S.A.............. 54.36 54.36 Vicentin S.A.I.C.\9\........... 70.05 \10\ 69.91 All-Others..................... 63.00 \11\ 62.92 ------------------------------------------------------------------------ Suspension of Liquidation --------------------------------------------------------------------------- \9\ The Department preliminarily determined that Vicentin S.A.I.C., and companies Renova S.A., Oleaginosa Moreno Hermanos S.A., Molinos Agro S.A., Patagonia Energia S.A., VFG Inversiones y Actividades Especiales S.A., Vicentin S.A.I.C. Sucursal Uy, Trading Company X, and Molinos Overseas Commodities S.A. are a single entity. See Preliminary Decision Memorandum at ``Affiliation and Collapsing.'' \10\ See Vicentin Preliminary Analysis Memorandum. \11\ See Preliminary All-Others Rate Memorandum. --------------------------------------------------------------------------- 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. Furthermore, 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, adjusted for export subsidy offset(s), as follows: (1) The cash deposit rate for the respondents listed above will be equal [[Page 50393]] to the company-specific estimated weighted-average dumping margins, adjusted for export subsidy offset(s), 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, adjusted for export subsidy offset(s), 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, adjusted for export subsidy offset(s). 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 that Vicentin had a countervailable export subsidy while LDC did not.\12\ Therefore, we preliminarily determine to adjust the cash deposit rate for the Vicentin Group and make no adjustments to the cash deposit rate for LDC in the Preliminary Determination. --------------------------------------------------------------------------- \12\ See Biodiesel from Argentina: Preliminary Affirmative Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances Determination, in Part, 82 FR 40748 (August 28, 2017), and accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject 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 or exported by LDC and ``all other'' exporters and producers not individually examined. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the producer(s) or exporter(s) 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. 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). 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.\13\ 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. --------------------------------------------------------------------------- \13\ 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. 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 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 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); [[Page 50394]] 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. Preliminary Affirmative Critical Circumstances, In Part A. Legal Framework B. Critical Circumstances Allegation C. Analysis V. Affiliation and Collapsing A. Vicentin Group VI. Discussion of the Methodology A. Comparisions to Fair Value VII. Product Comparisons VIII. Date of Sale IX. Export Price and Constructed Export Price X. Normal Value A. Market Viability XI. Particular Market Situation A. Background B. Interest Parties' Arguments C. Analysis XII. Calculation of Normal Value Based on Constructed Value XIII. Circumstance of Sale Adjustment XIV. Adjustment to Cash Deposit Rate for Export Subsidies XV. Currency Conversion XVI. Conclusion [FR Doc. 2017-23601 Filed 10-30-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50391
steel; (c) high-nickel steel; (d) ball bearing DEPARTMENT OF COMMERCE registered users at https://
steel; or (e) concrete reinforcing bars and access.trade.gov, and to all parties in the
rods. Also excluded are free cutting steel International Trade Administration Central Records Unit, Room B8024 of
(also known as free machining steel) the Department’s main building. In
products (i.e., products that contain by [A–357–820]
addition, a complete version of the
weight one or more of the following Preliminary Decision Memorandum can
Biodiesel From Argentina: Preliminary
elements: 0.1 percent or more of lead, 0.05
Affirmative Determination of Sales at be accessed directly at http://
percent or more of bismuth, 0.08 percent or
Less Than Fair Value, Preliminary enforcement.trade.gov/frn/. The signed
more of sulfur, more than 0.04 percent of
phosphorous, more than 0.05 percent of Affirmative Determination of Critical and the electronic versions of the
selenium, or more than 0.01 percent of Circumstances, in Part Preliminary Decision Memorandum are
tellurium). All products meeting the physical identical in content.
AGENCY: Enforcement and Compliance,
description of subject merchandise that are Scope of the Investigation
International Trade Administration,
not specifically excluded are included in this
Department of Commerce. The product covered by this
scope.
The products under investigation are SUMMARY: The Department of Commerce investigation is biodiesel from
currently classifiable under subheadings (the Department) preliminarily Argentina. For a complete description of
7213.91.3011, 7213.91.3015, 7213.91.3020, determines that biodiesel from the scope of this investigation, see
7213.91.3093, 7213.91.4500, 7213.91.6000, Argentina is being, or is likely to be, Appendix I.
7213.99.0030, 7227.20.0030, 7227.20.0080, sold in the United States at less than fair
Scope Comments
7227.90.6010, 7227.90.6020, 7227.90.6030, value. The period of investigation is
and 7227.90.6035 of the HTSUS. Products January 1, 2016, through December 31, In accordance with the preamble to
entered under subheadings 7213.99.0090 and 2016. the Department’s regulations,3 the
7227.90.6090 of the HTSUS also may be DATES: Effective October 31, 2017. Initiation Notice set aside a period of
included in this scope if they meet the time for parties to raise issues regarding
physical description of subject merchandise FOR FURTHER INFORMATION CONTACT:
product coverage (i.e., scope).4 No
above. Although the HTSUS subheadings are David Lindgren, AD/CVD Operations,
interested party commented on the
provided for convenience and customs Office VII, Enforcement and
scope of the investigation as it appeared
purposes, the written description of the Compliance, International Trade
in the Initiation Notice. Therefore, the
scope of this proceeding is dispositive. Administration, U.S. Department of
Department is not preliminarily
Commerce, 1401 Constitution Avenue
Appendix II modifying the scope language as it
NW., Washington, DC 20230; telephone:
appeared in the Initiation Notice. See
List of Topics Discussed in the Preliminary (202) 482–3870.
the scope in Appendix I to this notice.
Decision Memorandum SUPPLEMENTARY INFORMATION:
I. Summary Methodology
Background
II. Background The Department is conducting this
III. Period of Investigation This preliminary determination is investigation in accordance with section
IV. Scope Comments made in accordance with section 733(b) 731 of the Act. The Department has
V. Discussion of the Methodology of the Tariff Act of 1930, as amended calculated export prices in accordance
A. Determination of the Comparison (the Act). The Department published the with section 772(a) of the Act.
Methold notice of initiation of this investigation Constructed export prices have been
B. Results of the Differential Pricing on April 19, 2017.1 For a complete calculated in accordance with section
Analysis description of the events that followed 772(b) of the Act. Normal value (NV) is
VI. Date of Sale the initiation of this investigation, see calculated in accordance with section
VII. Product Comparisons the Preliminary Decision
VIII. Export Price and Constructed Export
773 of the Act. For a full description of
Memorandum.2 A list of topics included the methodology underlying the
Price Discussion of the Methodology in the Preliminary Decision
IX. Normal Value preliminary determination, see the
Memorandum is included as Appendix Preliminary Decision Memorandum.
A. Home Market Viability
II to this notice. The Preliminary
B. Level of Trade Preliminary Affirmative Determination
C. Cost of Production (COP) Analysis
Decision Memorandum is a public
document and is on file electronically of Critical Circumstances, in Part
1. Calculation of COP
2. Test of Comparison Market Sales Prices via Enforcement and Compliance’s In accordance with section 733(e) of
3. Results of the COP Test Antidumping and Countervailing Duty the Act and 19 CFR 351.206, the
D. Calculation of NV Based on Comparison Centralized Electronic Service System Department preliminarily finds that
Market Prices (ACCESS). ACCESS is available to critical circumstances exist for LDC
X. Application of Facts Available and Use of Argentina S.A. (LDC) and ‘‘all other’’
1 See Biodiesel from Argentina and Indonesia:
Adverse Facts Available producers or exporters not individually
A. Application of Facts Available Initiation of Less-Than-Fair-Value Investigations, 82
FR 18428 (April 19, 2017) (Initiation Notice).
examined. We preliminarily find that
B. Use of Adverse Inference 2 See Memorandum to Gary Tavernman, Deputy critical circumstances do not exist for
C. Selection and Corroboration of the AFA Assistant Secretary for Antidumping and Vicentin S.A.I.C. (Vicentin) and certain
Rate Countervailing Duty Operations performing the affiliated companies (collectively, the
asabaliauskas on DSKBBXCHB2PROD with NOTICES
XI. Preliminary Determination of Critical non-exclusive functions and duties of the Assistant Vicentin Group).5 For a full description
Circumstances Secretary for Enforcement and Compliance, from
A. Legal Framework James Maeder, Senior Director for Antidumping and
3 See Antidumping Duties; Countervailing Duties,
Countervailing Duty Operations performing the
B. Critical Circumstances Allegation duties of Deputy Assistant Secretary for Final Rule, 62 FR 27296, 27323 (May 19, 1997).
C. Analysis Antidumping and Countervailing Duty Operations, 4 See Initiation Notice.
XII. Currency Conversion ‘‘Decision Memorandum for the Preliminary 5 Vicentin Group consists of the following
XIII. Conclusion Determination in the Less-Than-Fair-Value companies: Vicentin, Renova S.A., Oleaginosa
Investigation of Biodiesel from Argentina,’’ dated Moreno Hermanos S.A., Molinos Agro S.A.,
[FR Doc. 2017–23650 Filed 10–30–17; 8:45 am] concurrently with, and hereby adopted by, this Patagonia Energia S.A., VFG Inversiones y
BILLING CODE 3510–DS–P notice (Preliminary Decision Memorandum). Continued
VerDate Sep<11>2014 17:37 Oct 30, 2017 Jkt 244001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1](https://thefederalregister.org/doc/82_FR_50600/page/1.svg)
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67762–26–9 (unsaturated alkylcarboxylic investigation (POI) is January 1, 2016, description of the scope of this
acid methyl ester); or 68937–84–8 (fatty through December 31, 2016. investigation, see Appendix I.
acids, C12–C18, methyl ester).
DATES: Applicable October 31, 2017. Scope Comments
The B100 product subject to the
investigation is currently classifiable under FOR FURTHER INFORMATION CONTACT:
Alice Maldonado, AD/CVD Operations, In accordance with the preamble to
subheading 3826.00.1000 of the Harmonized
Office II, Enforcement and Compliance, the Department’s regulations,4 the
Tariff Schedule of the United States
(HTSUS), while the B99 product is currently International Trade Administration, Initiation Notice set aside a period of
classifiable under HTSUS subheading U.S. Department of Commerce, 1401 time for parties to raise issues regarding
3826.00.3000. Although the HTSUS Constitution Avenue NW., Washington, product coverage (i.e., scope).5 Certain
subheadings, ASTM specifications, and CAS DC 20230; telephone: (202) 482–4682. interested parties commented on the
numbers are provided for convenience and scope of the investigation as it appeared
customs purposes, the written description of SUPPLEMENTARY INFORMATION:
in the Initiation Notice. For a summary
the scope is dispositive. Background of the product coverage comments and
Appendix II This preliminary determination is rebuttal responses submitted to the
made in accordance with section 733(b) record for this investigation, and
List of Topics Discussed in the Preliminary accompanying discussion and analysis
Decision Memorandum of the Tariff Act of 1930, as amended
(the Act). The Department published the of all comments timely received, see the
I. Summary Preliminary Scope Decision
II. Background notice of initiation of this investigation
on April 26, 2017.1 On August 21, 2017, Memorandum.6 Since the issuance of
III. Period of Investigation
the Department postponed the the Preliminary Scope Decision
IV. Preliminary Affirmative Critical
Circumstances, In Part preliminary determination of this Memorandum, certain parties submitted
A. Legal Framework investigation and the revised deadline is scope case briefs or scope rebuttal
B. Critical Circumstances Allegation now October 24, 2017.2 For a complete briefs.7 The Department will issue a
C. Analysis description of the events that followed final scope decision on the records of
V. Affiliation and Collapsing the initiation of this investigation, see the wire rod investigations after
A. Vicentin Group considering those comments submitted
VI. Discussion of the Methodology
the Preliminary Decision
Memorandum.3 A list of topics included in scope case and rebuttal briefs.
A. Comparisions to Fair Value
VII. Product Comparisons in the Preliminary Decision Methodology
VIII. Date of Sale Memorandum is included as Appendix The Department is conducting this
IX. Export Price and Constructed Export II to this notice. The Preliminary investigation in accordance with section
Price Decision Memorandum is a public 731 of the Act. The Department selected
X. Normal Value document and is on file electronically
A. Market Viability two respondents in this investigation,
via Enforcement and Compliance’s British Steel Limited (British Steel) and
XI. Particular Market Situation Antidumping and Countervailing Duty
A. Background Longs Steel UK Limited (Longs Steel).
Centralized Electronic Service System British Steel submitted information on
B. Interest Parties’ Arguments
C. Analysis
(ACCESS). ACCESS is available to the record of this investigation
XII. Calculation of Normal Value Based on registered users at https:// demonstrating that it purchased Longs
Constructed Value access.trade.gov, and to all parties in the Steel during the POI. British Steel also
XIII. Circumstance of Sale Adjustment Central Records Unit, room B8024 of the submitted information supporting its
XIV. Adjustment to Cash Deposit Rate for main Department of Commerce claim that it operates essentially as a
Export Subsidies building. In addition, a complete new company. After analyzing this
XV. Currency Conversion version of the Preliminary Decision
XVI. Conclusion information, the Department
Memorandum can be accessed directly preliminarily finds that British Steel is
[FR Doc. 2017–23601 Filed 10–30–17; 8:45 am] at http://enforcement.trade.gov/frn/. not the successor-in-interest to Longs
BILLING CODE 3510–DS–P The signed and the electronic versions Steel. For further discussion, see the
of the Preliminary Decision Preliminary Decision Memorandum and
Memorandum are identical in content. the Successor-In-Interest Analysis
DEPARTMENT OF COMMERCE
Scope of the Investigation Memo.8
International Trade Administration With respect to British Steel, the
The products covered by this Department has calculated export prices
[A–412–826] investigation are wire rod from the in accordance with section 772(a) of the
United Kingdom. For a complete Act. Normal value (NV) is calculated in
Carbon and Alloy Steel Wire Rod From accordance with section 773 of the Act.
1 See Carbon and Alloy Steel Wire Rod from
the United Kingdom: Preliminary
Belarus, Italy, the Republic of Korea, the Russian
Affirmative Determination of Sales at Federation, South Africa, Spain, the Republic of
4 See Antidumping Duties; Countervailing Duties,
Less Than Fair Value, and Preliminary Turkey, Ukraine,United Arab Emirates, and the Final Rule, 62 FR 27296, 27323 (May 19, 1997).
Affirmative Determination of Critical United Kingdom: Initiation of Less-Than-Fair-Value 5 See Initiation Notice.
Circumstances Investigations, 82 FR 19207 (April 26, 2017) 6 See Memorandum, ‘‘Carbon and Alloy Steel
(Initiation Notice). Wire Rod from Belarus, Italy, the Republic of Korea,
AGENCY: Enforcement and Compliance, 2 See Carbon and Alloy Steel Wire Rod from Italy, the Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, the United Arab
asabaliauskas on DSKBBXCHB2PROD with NOTICES
International Trade Administration, the Republic of South Africa, Spain, the Republic
of Turkey, Ukraine and the United Kingdom: Emirates, and the United Kingdom: Scope
Department of Commerce. Postponement of Preliminary Determinations in the Comments Decision Memorandum for the
SUMMARY: The Department of Commerce Less-Than-Fair-Value Investigations, 82 FR 39564 Preliminary Determination’’ (Preliminary Scope
(the Department) preliminarily (August 21, 2017). Decision Memorandum), dated August 7, 2017.
determines that carbon and alloy steel 3 See Memorandum, ‘‘Decision Memorandum for 7 See Preliminary Decision Memorandum.
wire rod (wire rod) from the United the Preliminary Determination in the Antidumping 8 See Memorandum, ‘‘Antidumping Duty
Duty Investigation of Carbon and Alloy Steel Wire Investigation of Carbon and Alloy Steel Wire Rod
Kingdom is being, or is likely to be, sold Rod from the United Kingdom’’ dated concurrently from the United Kingdom: Preliminary Successor-
in the United States at less than fair with, and hereby adopted by, this notice In-Interest Determination,’’ dated concurrently with
value (LTFV). The period of (Preliminary Decision Memorandum). this preliminary determination.
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Document Created: 2018-10-25 10:16:54
Document Modified: 2018-10-25 10:16:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective October 31, 2017. | |
| Contact | David Lindgren, 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) 482-3870. | |
| FR Citation | 82 FR 50391 |
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