82_FR_53691 82 FR 53471 - Biodiesel From the Republic of Indonesia: Final Affirmative Countervailing Duty Determination

82 FR 53471 - Biodiesel From the Republic of Indonesia: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range53471-53473
FR Document2017-24858

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

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017)
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53471-53473]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-831]


Biodiesel From the Republic of Indonesia: Final Affirmative 
Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

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

DATES: Appicable November 16, 2017.

FOR FURTHER INFORMATION CONTACT: Joseph Traw or Gene Calvert, 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) 482-6079 or (202) 482-3586, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Determination on August 
28, 2017.\1\ A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the Final Decision Memorandum.\2\ The Final Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Final 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Final Decision Memorandum and 
the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ See Biodiesel From the Republic of Indonesia: Preliminary 
Affirmative Countervailing Duty Determination, 82 FR 40746 (August 
28, 2017) (Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Biodiesel from Indonesia,'' (Final Decision Memorandum), dated 
concurrently with this determination and hereby adopted by this 
notice.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation for which we are measuring subsidies is 
January 1, 2016, through December 31, 2016.

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 the ``Scope of the Investigation,'' in Appendix II 
of this notice.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs submitted by the interested parties in 
this proceeding, are discussed in the Final Decision Memorandum. A list 
of the issues raised by the parties and responded to by the Department 
in the Final Decision Memorandum, is attached at Appendix I to this 
notice.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), during September 2017, the Department verified the subsidy 
information reported by the Government of Indonesia, PT Musim Mas 
(Musim Mas), and Wilmar Trading Co., Ltd. (Wilmar Trading). We used 
standard verification procedures, including an examination of relevant 
accounting records and original source documents provided by the 
respondents.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Verification of the CVD Responses of the 
Government of Indonesia in the Countervailing Duty Investigation of 
Biodiesel,'' dated October 3, 2017; Memorandum, ``Verification of 
the CVD Responses of Wilmar Trading Ptd. Ltd. and its Cross Owned 
Affiliates in the Countervailing Duty Investigation of Biodiesel,'' 
dated October 2, 2017; and Memorandum, ``Countervailing Duty 
Investigation of Biodiesel from the Republic of Indonesia: 
Verification of the Questionnaire Responses Submitted by PT Musim 
Mas,'' dated September 28, 2017.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties and the 
minor corrections presented, we made certain changes to the 
respondents' subsidy rate calculations set forth in the Preliminary 
Determination. For a discussion of these changes, see the Final 
Decision Memorandum and the Final Calculation Memoranda.\4\
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum dated concurrently with 
this determination; see also Wilmar Trading's Final Calculation 
Memorandum, dated concurrently with this determination, and Musim 
Mas's Final Calculation Memorandum, dated concurrently with this 
determination.

---------------------------------------------------------------------------

[[Page 53472]]

All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, the 
Department calculated a countervailable subsidy rate for the 
individually investigated exporters/producers of the subject 
merchandise. Consistent with sections 705(c)(1)(B)(i)(I) and 
705(c)(5)(A) of the Act, the Department also calculated an estimated 
``all-others'' rate for exporters and producers not individually 
investigated. Section 705(c)(5)(A)(i) of the Act provides that the 
``all-others'' rate shall be an amount equal to the weighted-average of 
the countervailable subsidy rates established for individually 
investigated exporters and producers, excluding any rates that are zero 
or de minimis or any rates determined entirely under section 776 of the 
Act. In this investigation, the Department calculated individual 
estimated countervailable subsidy rates for Wilmar Trading and Musim 
Mas that are not zero, de minimis, or based entirely on facts otherwise 
available. Therefore, the Department calculated the all-others' rate 
using a weighted average of the individual estimated subsidy rates 
calculated for the examined respondents using each company's publicly-
ranged values for the merchandise under consideration.\5\
---------------------------------------------------------------------------

    \5\ With two respondents under examination, the Department 
normally calculates: (A) A weighted-average of the estimated subsidy 
rates calculated for the examined respondents; (B) a simple average 
of the estimated subsidy rates calculated for the examined 
respondents; and (C) a weighted-average of the estimated subsidy 
rates calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. The Department then compares (B) and (C) to (A) and 
selects the rate closest to (A) as the most appropriate rate for all 
other producers and exporters. See, e.g., Ball Bearings and Parts 
Thereof from France, Germany, Italy, Japan, and the United Kingdom: 
Final Results of Antidumping Duty Administrative Reviews, Final 
Results of Changed-Circumstances Review, and Revocation of an Order 
in Part, 75 FR 53661, 53663 (September 1, 2010). As complete 
publicly ranged sales data were available, the Department based the 
all-others rate on the publicly ranged sales data of the mandatory 
respondents. For a complete analysis of the data, please see the 
All-Others' Rate Calculation Memorandum dated concurrently with this 
determination.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
established individual estimated countervailable subsidy rates for PT 
Musim Mas and Wilmar Trading Co., Ltd., and their cross-owned entities.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                                (%)
------------------------------------------------------------------------
PT Musim Mas............................................           64.73
Wilmar Trading Co., Ltd.................................           34.45
All-Others..............................................           38.95
------------------------------------------------------------------------

Disclosure

    The Department will disclose the calculations performed within five 
days of the date of publication of this notice to parties in this 
proceeding in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with sections 703(d) of the Act, the Department will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of biodiesel from 
Indonesia, which were entered, or withdrawn from warehouse, for 
consumption on or after August 28, 2017, the date of publication of the 
Preliminary Determination.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of countervailable subsidies. Because the final 
determination in this proceeding is affirmative, in accordance with 
section 705(b) of the Act, the ITC will make its final determination as 
to whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports of 
biodiesel from Indonesia no later than 45 days after our final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded. If the ITC determines that such 
injury does exist, the Department will issue a CVD order directing CBP 
to assess, upon further instruction by the Department, countervailing 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: November 6, 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

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Period of Investigtaion
IV. Scope Comments
V. Scope of the Investigation
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether payments from the oil palm plantation fund 
are countervailable
    Comment 2: Whether the Department should treat OPPF payments as 
more than adequate remuneration program instead of a grant program
    Comment 3: Whether the Department was correct to tie OPPF 
payments to all biodiesel sales
    Comment 4: Whether the Department should offset any benefit to 
mandatory respondents by the amount of export levy they pay into the 
OPPF
    Comment 5: Whether there is a basis for finding that the GOI 
entrusted or directed the provision of crude palm oil (CPO) for LTAR
    Comment 6: Whether the Department should use a tier-one 
benchmark for CPO
    Comment 7: Whether the Department should change its freight 
calculation for the CPO benchmark values
IX. Conclusion

Appendix II

Scope of the Investigation

    The product covered by this investigation is biodiesel, which is 
a fuel comprised of mono-alkyl esters of long chain fatty acids 
derived from vegetable oils or animal fats, including biologically-
based waste oils or greases, and other biologically-based oil or fat 
sources. The investigations cover biodiesel in pure form (B100) as 
well as fuel mixtures containing at least 99 percent biodiesel by 
volume (B99). For fuel mixtures containing less than 99 percent 
biodiesel by volume, only the biodiesel component of the mixture is 
covered by the scope of the 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

[[Page 53473]]

(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.

[FR Doc. 2017-24858 Filed 11-15-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                   53471

                                                    4412.31.9100; 4412.31.9200; 4412.32.0520;               DEPARTMENT OF COMMERCE                                Memorandum and the electronic
                                                    4412.32.0540; 4412.32.0565; 4412.32.0570;                                                                     version are identical in content.
                                                    4412.32.0620; 4412.32.0640; 4412.32.0670;               International Trade Administration
                                                    4412.32.2510; 4412.32.2525; 4412.32.2530;                                                                     Period of Investigation
                                                    4412.32.2610; 4412.32.2630; 4412.32.3125;               [C–560–831]                                             The period of investigation for which
                                                    4412.32.3135; 4412.32.3155; 4412.32.3165;                                                                     we are measuring subsidies is January 1,
                                                    4412.32.3175; 4412.32.3185; 4412.32.3235;               Biodiesel From the Republic of                        2016, through December 31, 2016.
                                                    4412.32.3255; 4412.32.3265; 4412.32.3275;               Indonesia: Final Affirmative
                                                    4412.32.3285; 4412.32.5600; 4412.32.3235;                                                                     Scope of the Investigation
                                                                                                            Countervailing Duty Determination
                                                    4412.32.3255; 4412.32.3265; 4412.32.3275;                                                                        The product covered by this
                                                    4412.32.3285; 4412.32.5700; 4412.94.1030;               AGENCY:  Enforcement and Compliance,                  investigation is biodiesel from
                                                    4412.94.1050; 4412.94.3105; 4412.94.3111;               International Trade Administration,                   Indonesia. For a complete description of
                                                    4412.94.3121; 4412.94.3141; 4412.94.3161;               Department of Commerce.                               the scope of this investigation, see the
                                                    4412.94.3175; 4412.94.4100; 4412.99.0600;               SUMMARY: The Department of Commerce                   ‘‘Scope of the Investigation,’’ in
                                                    4412.99.1020; 4412.99.1030; 4412.99.1040;               (Department) determines that                          Appendix II of this notice.
                                                    4412.99.3110; 4412.99.3120; 4412.99.3130;               countervailable subsidies are being
                                                    4412.99.3140; 4412.99.3150; 4412.99.3160;                                                                     Analysis of Subsidy Programs and
                                                                                                            provided to producers and exporters of                Comments Received
                                                    4412.99.3170; 4412.99.4100; 4412.99.5115;               biodiesel from the Republic of Indonesia
                                                    and 4412.99.5710.                                       (Indonesia). The period of investigation                 The subsidy programs under
                                                      Imports of hardwood plywood may also                  is January 1, 2016, through December                  investigation, and the issues raised in
                                                    enter under HTSUS subheadings                           31, 2016.                                             the case and rebuttal briefs submitted by
                                                    4412.99.6000; 4412.99.7000; 4412.99.8000;                                                                     the interested parties in this proceeding,
                                                    4412.99.9000; 4412.10.9000; 4412.94.5100;               DATES: Appicable November 16, 2017.
                                                                                                                                                                  are discussed in the Final Decision
                                                    4412.94.9500; and 4412.99.9500. While the               FOR FURTHER INFORMATION CONTACT:                      Memorandum. A list of the issues raised
                                                    HTSUS subheadings are provided for                      Joseph Traw or Gene Calvert, AD/CVD                   by the parties and responded to by the
                                                    convenience and customs purposes, the                   Operations, Office VII, Enforcement and               Department in the Final Decision
                                                    written description of the scope of this                Compliance, International Trade                       Memorandum, is attached at Appendix
                                                    investigation is dispositive.                           Administration, U.S. Department of                    I to this notice.
                                                                                                            Commerce, 1401 Constitution Avenue
                                                    Appendix II—Issues and Decision                         NW., Washington, DC 20230; telephone                  Verification
                                                    Memorandum                                              (202) 482–6079 or (202) 482–3586,                       As provided in section 782(i) of the
                                                    I. Summary                                              respectively.                                         Tariff Act of 1930, as amended (the Act),
                                                    II. Background                                                                                                during September 2017, the Department
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    III. Scope of the Investigation                                                                               verified the subsidy information
                                                    IV. Scope Comments                                      Background                                            reported by the Government of
                                                    V. Changes Since the Preliminary                                                                              Indonesia, PT Musim Mas (Musim Mas),
                                                                                                               The Department published the
                                                          Determination                                                                                           and Wilmar Trading Co., Ltd. (Wilmar
                                                                                                            Preliminary Determination on August
                                                    VI. Critical Circumstances                                                                                    Trading). We used standard verification
                                                                                                            28, 2017.1 A summary of the events that
                                                    VII. List of Issues                                                                                           procedures, including an examination of
                                                                                                            occurred since the Department
                                                    VIII. Discussion of Comments                                                                                  relevant accounting records and original
                                                                                                            published the Preliminary
                                                       Comment 1: The Department’s Continued                                                                      source documents provided by the
                                                                                                            Determination, as well as a full
                                                          Use of AFA for Bayley                                                                                   respondents.3
                                                       Comment 2: Valuation of Raw Material
                                                                                                            discussion of the issues raised by parties
                                                          (Logs) or Intermediate Input (Veneers)
                                                                                                            for this final determination, may be                  Changes Since the Preliminary
                                                       Comment 3: Selection of Surrogate Country
                                                                                                            found in the Final Decision                           Determination
                                                       Comment 4: Department’s Limited                      Memorandum.2 The Final Decision
                                                                                                            Memorandum is a public document and                     Based on our analysis of the
                                                          Selection of Mandatory Respondents and                                                                  comments received from parties and the
                                                          Denial of the FEA Group’s Request for             is on file electronically via Enforcement
                                                                                                            and Compliance’s Antidumping and                      minor corrections presented, we made
                                                          Voluntary Respondent Status                                                                             certain changes to the respondents’
                                                       Comment 5: The Department Should Find                Countervailing Duty Centralized
                                                                                                            Electronic Service System (ACCESS).                   subsidy rate calculations set forth in the
                                                          Negative Critical Circumstances for the                                                                 Preliminary Determination. For a
                                                          PRC-Wide Entity                                   ACCESS is available to registered users
                                                                                                            at http://access.trade.gov, and is                    discussion of these changes, see the
                                                       Comment 6: The Department Should Treat                                                                     Final Decision Memorandum and the
                                                          China as a Market Economy                         available to all parties in the Central
                                                                                                            Records Unit, Room B8024 of the main                  Final Calculation Memoranda.4
                                                       Comment 7: The Department Should Grant
                                                          Hanbao a Separate Rate                            Department of Commerce building. In                      3 See Memorandum, ‘‘Verification of the CVD
                                                       Comment 8: Moot Arguments regarding                  addition, a complete version of the Final             Responses of the Government of Indonesia in the
                                                          AFA to Separate Rate Applicants                   Decision Memorandum can be accessed                   Countervailing Duty Investigation of Biodiesel,’’
                                                       Comment 9: Bifurcated Briefing Schedule              directly at http://enforcement.trade.gov/             dated October 3, 2017; Memorandum, ‘‘Verification
                                                                                                            frn/. The signed Final Decision                       of the CVD Responses of Wilmar Trading Ptd. Ltd.
                                                    IX. Conclusion                                                                                                and its Cross Owned Affiliates in the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    [FR Doc. 2017–24863 Filed 11–15–17; 8:45 am]                                                                  Countervailing Duty Investigation of Biodiesel,’’
                                                                                                              1 See Biodiesel From the Republic of Indonesia:     dated October 2, 2017; and Memorandum,
                                                    BILLING CODE 3510–DS–P
                                                                                                            Preliminary Affirmative Countervailing Duty           ‘‘Countervailing Duty Investigation of Biodiesel
                                                                                                            Determination, 82 FR 40746 (August 28, 2017)          from the Republic of Indonesia: Verification of the
                                                                                                            (Preliminary Determination).                          Questionnaire Responses Submitted by PT Musim
                                                                                                              2 See Memorandum, ‘‘Issues and Decision             Mas,’’ dated September 28, 2017.
                                                                                                            Memorandum for the Final Determination in the            4 See Issues and Decision Memorandum dated

                                                                                                            Countervailing Duty Investigation of Biodiesel from   concurrently with this determination; see also
                                                                                                            Indonesia,’’ (Final Decision Memorandum), dated       Wilmar Trading’s Final Calculation Memorandum,
                                                                                                            concurrently with this determination and hereby       dated concurrently with this determination, and
                                                                                                            adopted by this notice.                                                                         Continued




                                               VerDate Sep<11>2014   16:52 Nov 15, 2017   Jkt 244001   PO 00000   Frm 00022   Fmt 4703   Sfmt 4703   E:\FR\FM\16NON1.SGM   16NON1


                                                    53472                      Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices

                                                    All-Others Rate                                                                                         destruction of APO materials, or
                                                                                                                                                 Subsidy rate
                                                                                                                       Company
                                                      In accordance with section                                                                    (%)     conversion to judicial protective order,
                                                    705(c)(1)(B)(i)(I) of the Act, the                                                                      is hereby requested. Failure to comply
                                                                                                            Wilmar Trading Co., Ltd .......           34.45 with the regulations and terms of an
                                                    Department calculated a countervailable                 All-Others .............................. 38.95 APO is a violation subject to sanction.
                                                    subsidy rate for the individually
                                                    investigated exporters/producers of the                                                                    This determination is issued and
                                                                                                            Disclosure                                      published pursuant to sections 705(d)
                                                    subject merchandise. Consistent with
                                                    sections 705(c)(1)(B)(i)(I) and                            The Department will disclose the             and 777(i) of the Act.
                                                    705(c)(5)(A) of the Act, the Department                 calculations performed within five days           Dated: November 6, 2017.
                                                    also calculated an estimated ‘‘all-others’’             of the date of publication of this notice       Gary Taverman,
                                                    rate for exporters and producers not                    to parties in this proceeding in
                                                                                                                                                            Deputy Assistant Secretary for Antidumping
                                                    individually investigated. Section                      accordance with 19 CFR 351.224(b).              and Countervailing Duty Operations,
                                                    705(c)(5)(A)(i) of the Act provides that                Continuation of Suspension of                         performing the non-exclusive functions and
                                                    the ‘‘all-others’’ rate shall be an amount              Liquidation                                           duties of the Assistant Secretary for
                                                    equal to the weighted-average of the                                                                          Enforcement and Compliance.
                                                                                                               In accordance with sections 703(d) of
                                                    countervailable subsidy rates                                                                                 Appendix I
                                                                                                            the Act, the Department will instruct
                                                    established for individually investigated
                                                                                                            U.S. Customs and Border Protection                    List of Topics Discussed in the Final
                                                    exporters and producers, excluding any
                                                                                                            (CBP) to continue to suspend                          Decision Memorandum
                                                    rates that are zero or de minimis or any
                                                                                                            liquidation of all appropriate entries of             I. Summary
                                                    rates determined entirely under section
                                                                                                            biodiesel from Indonesia, which were                  II. Background
                                                    776 of the Act. In this investigation, the
                                                                                                            entered, or withdrawn from warehouse,                 III. Period of Investigtaion
                                                    Department calculated individual
                                                                                                            for consumption on or after August 28,                IV. Scope Comments
                                                    estimated countervailable subsidy rates
                                                                                                            2017, the date of publication of the                  V. Scope of the Investigation
                                                    for Wilmar Trading and Musim Mas that                                                                         VI. Subsidies Valuation
                                                                                                            Preliminary Determination.
                                                    are not zero, de minimis, or based                                                                            VII. Analysis of Programs
                                                    entirely on facts otherwise available.                  International Trade Commission                        VIII. Discussion of the Issues
                                                    Therefore, the Department calculated                    Notification                                             Comment 1: Whether payments from the
                                                    the all-others’ rate using a weighted                      In accordance with section 705(d) of                     oil palm plantation fund are
                                                    average of the individual estimated                                                                                 countervailable
                                                                                                            the Act, we will notify the U.S.
                                                    subsidy rates calculated for the                                                                                 Comment 2: Whether the Department
                                                                                                            International Trade Commission (ITC) of                     should treat OPPF payments as more
                                                    examined respondents using each                         the final affirmative determination of                      than adequate remuneration program
                                                    company’s publicly-ranged values for                    countervailable subsidies. Because the                      instead of a grant program
                                                    the merchandise under consideration.5                   final determination in this proceeding is                Comment 3: Whether the Department was
                                                    Final Determination                                     affirmative, in accordance with section                     correct to tie OPPF payments to all
                                                                                                            705(b) of the Act, the ITC will make its                    biodiesel sales
                                                      In accordance with section                            final determination as to whether the                    Comment 4: Whether the Department
                                                    705(c)(1)(B)(i)(I) of the Act, we                       domestic industry in the United States                      should offset any benefit to mandatory
                                                    established individual estimated                        is materially injured, or threatened with                   respondents by the amount of export
                                                    countervailable subsidy rates for PT                    material injury, by reason of imports of
                                                                                                                                                                        levy they pay into the OPPF
                                                    Musim Mas and Wilmar Trading Co.,                                                                                Comment 5: Whether there is a basis for
                                                                                                            biodiesel from Indonesia no later than                      finding that the GOI entrusted or
                                                    Ltd., and their cross-owned entities.                   45 days after our final determination. If                   directed the provision of crude palm oil
                                                                                          Subsidy rate
                                                                                                            the ITC determines that material injury                     (CPO) for LTAR
                                                               Company                                      or threat of material injury does not                    Comment 6: Whether the Department
                                                                                             (%)
                                                                                                            exist, the proceeding will be terminated                    should use a tier-one benchmark for CPO
                                                    PT Musim Mas .....................             64.73    and all cash deposits will be refunded.                  Comment 7: Whether the Department
                                                                                                            If the ITC determines that such injury                      should change its freight calculation for
                                                    Musim Mas’s Final Calculation Memorandum,               does exist, the Department will issue a                     the CPO benchmark values
                                                    dated concurrently with this determination.                                                                   IX. Conclusion
                                                       5 With two respondents under examination, the
                                                                                                            CVD order directing CBP to assess, upon
                                                    Department normally calculates: (A) A weighted-
                                                                                                            further instruction by the Department,                Appendix II
                                                    average of the estimated subsidy rates calculated for   countervailing duties on all imports of               Scope of the Investigation
                                                    the examined respondents; (B) a simple average of       the subject merchandise entered, or
                                                    the estimated subsidy rates calculated for the          withdrawn from warehouse, for                            The product covered by this investigation
                                                    examined respondents; and (C) a weighted-average                                                              is biodiesel, which is a fuel comprised of
                                                    of the estimated subsidy rates calculated for the
                                                                                                            consumption on or after the effective                 mono-alkyl esters of long chain fatty acids
                                                    examined respondents using each company’s               date of the suspension of liquidation, as             derived from vegetable oils or animal fats,
                                                    publicly-ranged U.S. sale quantities for the            discussed above in the ‘‘Continuation of              including biologically-based waste oils or
                                                    merchandise under consideration. The Department         Suspension of Liquidation’’ section.                  greases, and other biologically-based oil or fat
                                                    then compares (B) and (C) to (A) and selects the rate
                                                                                                                                                                  sources. The investigations cover biodiesel in
                                                    closest to (A) as the most appropriate rate for all     Notification Regarding Administrative
                                                    other producers and exporters. See, e.g., Ball                                                                pure form (B100) as well as fuel mixtures
                                                                                                            Protective Orders                                     containing at least 99 percent biodiesel by
                                                    Bearings and Parts Thereof from France, Germany,
                                                                                                              In the event the ITC issues a final
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Italy, Japan, and the United Kingdom: Final Results                                                           volume (B99). For fuel mixtures containing
                                                    of Antidumping Duty Administrative Reviews, Final       negative injury determination, this                   less than 99 percent biodiesel by volume,
                                                    Results of Changed-Circumstances Review, and                                                                  only the biodiesel component of the mixture
                                                    Revocation of an Order in Part, 75 FR 53661, 53663
                                                                                                            notice serves as the only reminder to
                                                                                                            parties subject to an APO of their                    is covered by the scope of the investigation.
                                                    (September 1, 2010). As complete publicly ranged                                                                 Biodiesel is generally produced to
                                                    sales data were available, the Department based the     responsibility concerning the                         American Society for Testing and Materials
                                                    all-others rate on the publicly ranged sales data of    destruction of proprietary information
                                                    the mandatory respondents. For a complete analysis                                                            International (ASTM) D6751 specifications,
                                                    of the data, please see the All-Others’ Rate
                                                                                                            disclosed under APO in accordance                     but it can also be made to other
                                                    Calculation Memorandum dated concurrently with          with 19 CFR 351.305(a)(3). Timely                     specifications. Biodiesel commonly has one
                                                    this determination.                                     written notification of the return or                 of the following Chemical Abstracts Service



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                                                                              Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                         53473

                                                    (CAS) numbers, generally depending upon                 Commonwealth Plywood Inc., Murphy                      to be countervailable, we determine that
                                                    the feedstock used: 67784–80–9 (soybean oil             Plywood, Roseburg Forest Products Co.,                 there is a subsidy (i.e., a financial
                                                    methyl esters); 91051–34–2 (palm oil methyl             States Industries, Inc., and Timber                    contribution by an ‘‘authority’’ that
                                                    esters); 91051–32–0 (palm kernel oil methyl             Products Company (the petitioners). In                 gives rise to a benefit to the recipient)
                                                    esters); 73891–99–3 (rapeseed oil methyl
                                                    esters); 61788–61–2 (tallow methyl esters);
                                                                                                            addition to the Government of China                    and that the subsidy is specific. For a
                                                    68990–52–3 (vegetable oil methyl esters);               (GOC), the mandatory respondents in                    full description of the methodology
                                                    129828–16–6 (canola oil methyl esters);                 this investigation are Linyi Sanfortune                underlying our final determination, see
                                                    67762–26–9 (unsaturated alkylcarboxylic                 Wood Co., Ltd. (Sanfortune) and                        the Issues and Decisions Memorandum.
                                                    acid methyl ester); or 68937–84–8 (fatty                Dongfang Bayley Wood Co., Ltd. (Bayley
                                                    acids, C12–C18, methyl ester).                          Wood). The Department has determined                   Scope of the Investigation
                                                      The B100 product subject to the                       that Bayley Wood is cross-owned with                      The product covered by this
                                                    investigation is currently classifiable under           Linyi Yinhe Panel Factory, a producer                  investigation is hardwood plywood
                                                    subheading 3826.00.1000 of the Harmonized               of subject merchandise, and will refer to              from the PRC. For a complete
                                                    Tariff Schedule of the United States
                                                                                                            them collectively as ‘‘Bayley Wood.’’                  description of the scope of this
                                                    (HTSUS), while the B99 product is currently
                                                                                                               The Department published its                        investigation, see Appendix II.
                                                    classifiable under HTSUS subheading
                                                    3826.00.3000. Although the HTSUS                        Preliminary Determination on April 25,
                                                                                                            2017.1 On October 24, 2017, the                        Analysis of Subsidy Programs and
                                                    subheadings, ASTM specifications, and CAS
                                                                                                            Department issued a Post-Preliminary                   Comments Received
                                                    numbers are provided for convenience and
                                                    customs purposes, the written description of            Analysis.2 A complete summary of the                      All issues raised in the comments
                                                    the scope is dispositive.                               events that occurred since the                         filed by interested parties to this
                                                    [FR Doc. 2017–24858 Filed 11–15–17; 8:45 am]            Preliminary Determination, as well as a                proceeding are discussed in the Issues
                                                    BILLING CODE 3510–DS–P                                  full discussion of the issues raised by                and Decision Memorandum. A list of
                                                                                                            the parties for this final determination,              the issues raised by interested parties
                                                                                                            may be found in the Issues and Decision                and responded to by the Department in
                                                    DEPARTMENT OF COMMERCE                                  Memorandum accompanying the Final                      the Issues and Decisions Memorandum
                                                                                                            Affirmative Determination,3 which is                   are attached at Appendix I to this
                                                    International Trade Administration                      dated concurrently with, and hereby                    notice.
                                                    [C–570–052]                                             adopted by, this notice. The Issues and
                                                                                                            Decision Memorandum is a public                        Use of Adverse Facts Available
                                                    Countervailing Duty Investigation of                    document and is available electronically                  For purposes of this final
                                                    Certain Hardwood Plywood Products                       via Enforcement and Compliance’s                       determination, we relied on facts
                                                    From the People’s Republic of China:                    Antidumping and Countervailing Duty                    available, and because certain
                                                    Final Affirmative Determination, and                    Centralized Electronic Service System                  respondents did not act to the best of
                                                    Final Affirmative Critical                              (ACCESS). Access to ACCESS is                          their ability in responding to the
                                                    Circumstances Determination, in Part                    available to registered users at https://              Department’s requests for information,
                                                                                                            access.trade.gov and to all parties in the             we drew an adverse inference, where
                                                    AGENCY:  Enforcement and Compliance,                    Central Records Unit, Room B8024 of                    appropriate, in selecting from among the
                                                    International Trade Administration,                     the Department’s main building. In                     facts otherwise available.4 A full
                                                    Department of Commerce.                                 addition, a complete version of the                    discussion of our decision to rely on
                                                    SUMMARY: The Department of Commerce                     Issues and Decision Memorandum can                     adverse facts available is presented in
                                                    (Department) determines that                            be viewed at http://                                   the ‘‘Use of Facts Otherwise Available
                                                    countervailable subsidies are being                     enforcement.trade.gov/frn. The signed                  and Adverse Inferences’’ section of the
                                                    provided to producers and exporters of                  Issues and Decision Memorandum and                     Issues and Decisions Memorandum.
                                                    certain hardwood plywood products                       the electronic version are identical in
                                                    (hardwood plywood) from the People’s                    content.                                               Changes Since the Preliminary
                                                    Republic of China (PRC). The period of                                                                         Determination
                                                    investigation is January 1, 2015, through               Methodology
                                                                                                                                                                     Based on our review and analysis of
                                                    December 31, 2015. For information on                     The Department is conducting this                    the comments received from parties,
                                                    the estimated subsidy rates, see the                    countervailing duty (CVD) investigation                and minor corrections accepted at
                                                    ‘‘Suspension of Liquidation’’ section of                in accordance with section 701 of the                  verification, we made certain changes to
                                                    this notice.                                            Tariff Act of 1930, as amended (Act).                  the respondents’ subsidy rate
                                                    DATES: Applicable November 16, 2017.                    For each of the subsidy programs found                 calculations since the Preliminary
                                                    FOR FURTHER INFORMATION CONTACT:                                                                               Determination. For a discussion of these
                                                                                                               1 See Certain Hardwood Plywood Products from
                                                    Matthew Renkey or Justin Neuman, AD/                    the People’s Republic of China: Preliminary            changes, see the Issues and Decision
                                                    CVD Operations, Office V, Enforcement                   Affirmative Countervailing Duty Determination,         Memorandum.
                                                    and Compliance, International Trade                     Preliminary Affirmative Critical Circumstances
                                                    Administration, U.S. Department of                      Determination, in Part, and Alignment of Final         Final Affirmative Determination of
                                                    Commerce, 1401 Constitution Avenue                      Determination with Final Antidumping Duty              Critical Circumstances, in Part
                                                                                                            Determination, 82 FR 19022 (April 25, 2017)
                                                    NW., Washington, DC 20230; telephone                    (Preliminary Determination).                             In the Preliminary Determination, the
                                                    202.482.2312 or 202.482.0486,                                                                                  Department found that critical
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                               2 See Department Memorandum, ‘‘Certain

                                                    respectively.                                           Hardwood Plywood Products from the People’s            circumstances exist with respect to
                                                                                                            Republic of China: Post-Preliminary Analysis,’’
                                                    SUPPLEMENTARY INFORMATION:                              dated October 24, 2017 (Post-Preliminary Analysis).
                                                                                                                                                                   imports of hardwood plywood from the
                                                                                                               3 See Department Memorandum, ‘‘Countervailing       PRC for Bayley Wood and all other
                                                    Background                                              Duty Investigation of Certain Hardwood Plywood         exporters or producers not individually
                                                      The petitioner in this investigation is               Products from the People’s Republic of China:          examined (including those that did not
                                                                                                            Issues and Decision Memorandum for the Final           respond to our quantity and value
                                                    the Coalition for Fair Trade in                         Affirmative Determination,’’ dated concurrently
                                                    Hardwood Plywood and its individual                     with, and hereby adopted by, this notice (Issues and
                                                    members, Columbia Forest Products,                      Decisions Memorandum).                                  4 See   sections 776(a) and (b) of the Act.



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Document Created: 2017-11-16 03:52:55
Document Modified: 2017-11-16 03:52:55
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
DatesAppicable November 16, 2017.
ContactJoseph Traw or Gene Calvert, 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) 482-6079 or (202) 482-3586, respectively.
FR Citation82 FR 53471 

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