82 FR 57952 - Biodiesel From Argentina and Indonesia: Postponement of Final Determinations of Sales in Less Than Fair Value Investigations and Extension of Provisional Measures
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 235 (December 8, 2017)
International Trade Administration
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 57952-57953 | |
| FR Document | 2017-26489 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Notices] [Pages 57952-57953] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26489] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-357-820, A-560-830] Biodiesel From Argentina and Indonesia: Postponement of Final Determinations of Sales in Less Than Fair Value Investigations and Extension of Provisional Measures AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is postponing the [[Page 57953]] deadline for issuing the final determinations in the less-than-fair- value (LTFV) investigations of biodiesel from Argentina and Indonesia until February 15, 2018, and is extending the provisional measures from a four-month period to a period of not more than six months. DATES: Applicable December 8, 2017. FOR FURTHER INFORMATION CONTACT: David Lindgren at (202) 482-3870 (Argentina); Myrna Lobo at (202) 482-2371 (Indonesia), Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On April 12, 2017, the Department initiated LTFV investigations of imports of biodiesel from Argentina and Indonesia.\1\ The period of investigation for each investigation is January 1, 2016, through December 31, 2016. On October 31, 2017, the Department published its Preliminary Determination in each of these LTFV investigations.\2\ --------------------------------------------------------------------------- \1\ See Biodiesel from Argentina and Indonesia: Initiation of Less-Than-Fair-Value Investigations, 82 FR 18428 (April 19, 2017). \2\ See Biodiesel from Agentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Determination of Critical Circumstances, In Part, 82 FR 50391 (October 31, 2017) (Argentina Preliminary Determination); see also Biodiesel from Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 82 FR 50379 (Indonesia Preliminary Determination). --------------------------------------------------------------------------- Postponement of Final Determinations Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by the exporters or producers who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional meausres from a four-month period to a period of not more than six months, in accordance with section 733(d) of the Act. In September 2017, P.T. Musim Mas (Musim Mas) and Wilmar Trading PTE Ltd. (Wilmar), the mandatory respondents in the Indonesia investigation, requested that the Department postpone the deadline for the final determination until no later than 135 days from the publication of the Indonesia Preliminary Determination, and extend the application of the provisional measures from a four-month period to a period of not more than six months.\3\ In November 2017, Camara Argentina de Biocombustibles (CARBIO) and LDC Argentina S.A. (LDC), the mandatory respondents in the Argentina investigation, requested that the Department postpone the deadline for the final determination until no later than 135 days from the publication of the Argentina Preliminary Determination, and extend the application of the provisional measures from a four-month period to a period of not more than six months.\4\ --------------------------------------------------------------------------- \3\ See Musim Mas' Letter, ``Biodiesel from Indonesia: Request to Extend Final Determination,'' dated September 19, 2017; see also Wilmar's Letter, ``Biodiesel from Indonesia: Request for Extension of Final Determination,'' dated September 19, 2017. \4\ See CARBIO's Letter, ``CARBIO's Request for Postponement of the Final Determination Biodiesel from Argentina (A-357-820),'' dated November 10, 2017; see also LDC's Letter, ``Biodiesel from Argentina: Request for Postponement of the Final Determination,'' dated November 16, 2017. --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) each preliminary determination was affirmative; (2) the requests in each investigation were made by the exporters and producers who account for a significant proportion of exports of the subject merchandise from the country at issue; and (3) no compelling reasons for denials exist, the Department is postponing the final determination in each investigation until no later than 107 days after the date of the publication of the relevant preliminary determination, and extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, the Department will issue its final determination in each investigation no later than February 15, 2018. This notice is issued and published pursuant to 19 CFR 351.210(g). Dated: December 4, 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. [FR Doc. 2017-26489 Filed 12-7-17; 8:45 am] BILLING CODE 3510-DS-P
![57952 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices
addition, a complete version of the Ad Administrative Protective Order
Issues and Decision Memorandum can Company valorem This notice serves as a reminder to
be accessed directly at http:// rate
(Percent) parties subject to administrative
enforcement.trade.gov/frn/. The signed protective order (APO) of their
and electronic versions of the Issues and Classic & Contemporary Inc ....... 16.08 responsibility concerning the
Decision Memorandum are identical in Daya Hardware Co., LTD ........... 16.08 disposition of proprietary information
content. Dongguan Golden Tiger Hard- disclosed under APO in accordance
Methodology ware Industrial Co., Ltd ........... 16.08 with 19 CFR 351.305(a)(3). Timely
ETLA Technology (Wuxi) Co., written notification of return or
The Department conducted this Ltd ........................................... 16.08
review in accordance with section destruction of APO materials or
Global Hi-Tek Precision Limited 16.08 conversion to judicial protective order is
751(a)(1)(A) of the Tariff Act of 1930, as Jiangsu Zhenhexiang New Mate-
amended (the Act). For each of the hereby requested. Failure to comply
rial Technology Co., Ltd .......... 16.08
subsidy programs found with the regulations and the terms of an
Johnson Precision Engineering
countervailable, we find that there is a APO is a sanctionable violation.
(Suzhou) Co Ltd ...................... 16.08
subsidy, i.e., a government-provided We are issuing and publishing these
Kam Kiu Aluminum Products
financial contribution that gives rise to Sdn Bhd .................................. 16.08 results in accordance with sections
a benefit to the recipient, and that the Ningbo Haina Machine Co., Ltd 16.08 751(a)(1) and 777(i)(1) of the Act.
subsidy is specific.4 For a full Ningbo Innopower Tengda Ma- Dated: December 4, 2017.
description of the methodology chinery Co., Ltd ....................... 16.08 Gary Taverman,
underlying the Department’s Ningbo Yinzhou Sanhua Electric Deputy Assistant Secretary for Antidumping
conclusions, including any Machine Factory ..................... 16.08 and Countervailing Duty Operations,
determination that relied upon the use Precision Metal Works LTD ........ 16.08 performing the non-exclusive functions and
of adverse facts available pursuant to Summit Heat Sinks Metal Co., duties of the Assistant Secretary for
sections 776(a) and (b) of the Act, see Ltd ........................................... 16.08 Enforcement and Compliance.
the Issues and Decision Memorandum. Suzhou New Hongji Precision
Parts Co Ltd ............................ 16.08 APPENDIX
Rate for Non-Selected Companies Taishan City Kam Kiu Aluminium List of Topics Discussed in the Final
Under Review Extrusion Co., Ltd ................... 16.08 Decision Memorandum
In this review, and in addition to the Wuxi Huida Aluminum Co., Ltd .. 16.08 Summary
two selected mandatory respondents, Background
there are 16 companies for which a Assessment Rates Scope of the Order
review was requested and not rescinded Analysis of Comments
The Department intends to issue Comment 1: Application of AFA to
(non-selected companies). For these
appropriate assessment instructions tenKsolar
non-selected companies, we could not
directly to CBP, 15 days after Comment 2: Inclusion of Alleged Non-Use
calculate a rate by averaging Changzhou Programs in tenKsolar’s Rate Calculation
publication of these final results of
Jinxi’s and tenKsolar’s individual rates, Comment 3: Inclusion of Geographically
review, to liquidate shipments of subject
as the rates for both companies are Limited Programs in tenKsolar’s Rate
merchandise entered, or withdrawn
based entirely on adverse facts Calculation
from warehouse, for consumption on or
available.5 Instead, for these final Comment 4: Inclusion of Programs Which
after January 1, 2015, through December Have Allegedly Been Terminated in
results, we based the non-selected
31, 2015, at the ad valorem rates listed tenKsolar’s Rate Calculation
companies’ rates on the subsidy rate
above. Comment 5: AFA Subsidy Rates for Certain
calculated for non-selected companies
Income Tax Rebate, Depreciation,
in the prior administrative review. For Cash Deposit Requirements Refund, Offset, and Arrears Forgiveness
further information on the calculation of Programs
the non-selected companies’ rates, refer The Department also intends to
Comment 6: Selection of Respondents
to the section in the Issues and Decision instruct CBP to collect cash deposits of Comment 7: Application of AFA to
Memorandum entitled, ‘‘Final Ad estimated countervailing duties in the Changzhou Jinxi
Valorem Rate for Non-Selected amounts indicated above for each Conclusion
Companies Under Review.’’ company listed on shipments of subject [FR Doc. 2017–26488 Filed 12–7–17; 8:45 am]
merchandise entered, or withdrawn
Final Results of Administrative Review from warehouse, for consumption on or BILLING CODE 3510–DS–P
In accordance with 19 CFR after the date of publication of the final
351.221(b)(5), we determine the results of this administrative review. For DEPARTMENT OF COMMERCE
following final net subsidy rates for the all non-reviewed firms, we will instruct
2015 administrative review: CBP to collect cash deposits of International Trade Administration
estimated countervailing duties at the
Ad [A–357–820, A–560–830]
most recent company-specific or all-
valorem others rate applicable to the company,
Company Biodiesel From Argentina and
rate
(Percent) as appropriate. Accordingly, the cash Indonesia: Postponement of Final
deposit requirements that will be Determinations of Sales in Less Than
tenKsolar (Shanghai) Co., Ltd .... 198.61 applied to companies covered by this
sradovich on DSK3GMQ082PROD with NOTICES
Fair Value Investigations and
Changzhou Jinxi Machinery Co., order, but not examined in this
Ltd ........................................... 198.61 administrative review, are those
Extension of Provisional Measures
established in the most recently AGENCY: Enforcement and Compliance,
4 See sections 771(5)(B) and (D) of the Act
completed segment of the proceeding International Trade Administration,
regarding financial contribution; section 771(5)(E) Department of Commerce.
of the Act regarding benefit; and section 771(5A) of for each company. These cash deposit
the Act regarding specificity. requirements, when imposed, shall SUMMARY: The Department of Commerce
5 See sections 703(d) and 705(c)(5)(A) of the Act. remain in effect until further notice. (the Department) is postponing the
VerDate Sep<11>2014 20:38 Dec 07, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1](https://thefederalregister.org/doc/82_FR_58187/page/1.svg)
![Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices 57953
deadline for issuing the final respondents in the Indonesia DEPARTMENT OF COMMERCE
determinations in the less-than-fair- investigation, requested that the
value (LTFV) investigations of biodiesel Department postpone the deadline for National Oceanic and Atmospheric
from Argentina and Indonesia until the final determination until no later Administration
February 15, 2018, and is extending the than 135 days from the publication of
provisional measures from a four-month the Indonesia Preliminary Submission for OMB Review;
period to a period of not more than six Comment Request
Determination, and extend the
months. application of the provisional measures The Department of Commerce will
DATES: Applicable December 8, 2017. from a four-month period to a period of submit to the Office of Management and
FOR FURTHER INFORMATION CONTACT: not more than six months.3 In Budget (OMB) for clearance the
David Lindgren at (202) 482–3870 November 2017, Camara Argentina de following proposal for collection of
(Argentina); Myrna Lobo at (202) 482– Biocombustibles (CARBIO) and LDC information under the provisions of the
2371 (Indonesia), Enforcement and Argentina S.A. (LDC), the mandatory Paperwork Reduction Act (44 U.S.C.
Compliance, International Trade respondents in the Argentina Chapter 35).
Administration, U.S. Department of investigation, requested that the Agency: National Oceanic and
Commerce, 1401 Constitution Avenue Department postpone the deadline for Atmospheric Administration (NOAA).
NW., Washington, DC 20230. the final determination until no later Title: Alaska License Limitation
than 135 days from the publication of Program for Groundfish, Crab, and
SUPPLEMENTARY INFORMATION:
the Argentina Preliminary Scallops.
Background OMB Control Number: 0648–0334.
Determination, and extend the
Form Number(s): None.
On April 12, 2017, the Department application of the provisional measures Type of Request: Regular (revision
initiated LTFV investigations of imports from a four-month period to a period of and extension of a currently approved
of biodiesel from Argentina and not more than six months.4 information collection).
Indonesia.1 The period of investigation In accordance with section Number of Respondents: 49.
for each investigation is January 1, 2016, 735(a)(2)(A) of the Act and 19 CFR Average Hours per Response:
through December 31, 2016. On October 351.210(b)(2)(ii), because (1) each Transfers, 1 hour; appeals, 4 hours.
31, 2017, the Department published its preliminary determination was Burden Hours: 52.
Preliminary Determination in each of affirmative; (2) the requests in each Needs and Uses: This request is for
these LTFV investigations.2 investigation were made by the extension of a current information
exporters and producers who account collection.
Postponement of Final Determinations The License Limitation Program (LLP)
for a significant proportion of exports of
Section 735(a)(2) of the Tariff Act of restricts access to the commercial
the subject merchandise from the
1930, as amended (the Act), and 19 CFR groundfish fisheries, commercial crab
country at issue; and (3) no compelling
351.210(b)(2) provide that a final fisheries, and commercial scallop
reasons for denials exist, the
determination may be postponed until fisheries in the Exclusive Economic
Department is postponing the final Zone off Alaska except for certain areas
not later than 135 days after the date of
determination in each investigation where alternative programs exist. The
the publication of the preliminary
until no later than 107 days after the intended effect of the LLP is to limit the
determination if, in the event of an
date of the publication of the relevant number of participants and reduce
affirmative preliminary determination, a
preliminary determination, and fishing capacity in fisheries off Alaska.
request for such postponement is made
by the exporters or producers who extending the provisional measures For a vessel designated on an LLP
account for a significant proportion of from a four-month period to a period of license, the LLP license authorizes the
exports of the subject merchandise, or in not more than six months. Accordingly, type of fishing gear that may be used by
the event of a negative preliminary the Department will issue its final the vessel, the maximum size of the
determination, a request for such determination in each investigation no vessel, an area endorsement, and
postponement is made by the later than February 15, 2018. whether the vessel may catch and
petitioners. Further, 19 CFR This notice is issued and published process fish at sea or if it is limited to
351.210(e)(2) requires that such pursuant to 19 CFR 351.210(g). delivering catch without at-sea
postponement requests by exporters be Dated: December 4, 2017.
processing. LLP licenses that allow
accompanied by a request for extension vessels to catch and process at-sea are
Gary Taverman, assigned a catcher/processor
of provisional meausres from a four-
month period to a period of not more Deputy Assistant Secretary for Antidumping endorsement. LLP licenses specify the
and Countervailing Duty Operations, maximum length overall (MLOA) of the
than six months, in accordance with
performing the non-exclusive functions and vessel to which that LLP license may be
section 733(d) of the Act. duties of the Assistant Secretary for
In September 2017, P.T. Musim Mas Enforcement and Compliance.
assigned. The LLP may also include a
(Musim Mas) and Wilmar Trading PTE species endorsement for Pacific cod in
[FR Doc. 2017–26489 Filed 12–7–17; 8:45 am]
Ltd. (Wilmar), the mandatory the Bering Sea and Aleutian Islands
BILLING CODE 3510–DS–P management area (BSAI) and Gulf of
1 See Biodiesel from Argentina and Indonesia: Alaska (GOA).
Initiation of Less-Than-Fair-Value Investigations, 82 3 See Musim Mas’ Letter, ‘‘Biodiesel from
An LLP license is required for vessels
FR 18428 (April 19, 2017). Indonesia: Request to Extend Final Determination,’’ participating in directed fishing for LLP
sradovich on DSK3GMQ082PROD with NOTICES
2 See Biodiesel from Agentina: Preliminary dated September 19, 2017; see also Wilmar’s Letter,
Affirmative Determination of Sales at Less Than ‘‘Biodiesel from Indonesia: Request for Extension of groundfish species in the BSAI or GOA,
Fair Value, Preliminary Determination of Critical Final Determination,’’ dated September 19, 2017. or fishing in any BSAI LLP crab
Circumstances, In Part, 82 FR 50391 (October 31, 4 See CARBIO’s Letter, ‘‘CARBIO’s Request for fisheries. An LLP license is also
2017) (Argentina Preliminary Determination); see Postponement of the Final Determination Biodiesel required for any vessel deployed in
also Biodiesel from Indonesia: Preliminary from Argentina (A–357–820),’’ dated November 10,
Affirmative Determination of Sales at Less Than 2017; see also LDC’s Letter, ‘‘Biodiesel from
scallop fisheries in Federal waters off
Fair Value, 82 FR 50379 (Indonesia Preliminary Argentina: Request for Postponement of the Final Alaska (except for some diving
Determination). Determination,’’ dated November 16, 2017. operations).
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Document Created: 2017-12-08 01:43:32
Document Modified: 2017-12-08 01:43:32
| 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 | Applicable December 8, 2017. | |
| Contact | David Lindgren at (202) 482-3870 (Argentina); Myrna Lobo at (202) 482-2371 (Indonesia), Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 57952 |
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