83 FR 18278 - Biodiesel From Argentina and Indonesia: Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 81 (April 26, 2018)
International Trade Administration
Federal Register Volume 83, Issue 81 (April 26, 2018)
| Page Range | 18278-18279 | |
| FR Document | 2018-08775 |
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)] [Notices] [Pages 18278-18279] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08775] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-357-820 and A-560-830] Biodiesel From Argentina and Indonesia: Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) orders on biodiesel from Argentina and Indonesia. DATES: Applicable April 26, 2018. FOR FURTHER INFORMATION CONTACT: David Lindgren (Argentina) or Myrna Lobo (Indonesia); 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, or (202) 482-2371, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with section 735(d) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(c), on March 1, 2018, Commerce published its affirmative final determinations in the less-than-fair- value (LTFV) investigations of biodiesel from Argentina and Indonesia.\1\ On April 16, 2018, the ITC notified Commerce of its affirmative final determination, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of biodiesel from Argentina and Indonesia, and its determination that critical circumstances do not exist with respect to imports of biodiesel from Argentina subject to Commerce's affirmative critical circumstances determination.\2\ On April 19, 2018, the ITC published its final determination in the Federal Register.\3\ --------------------------------------------------------------------------- \1\ See Biodiesel from Argentina: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part, 83 FR 8837 (March 1, 2018) (Argentina Final Determination); see also Biodiesel from Indonesia: Final Determination of Sales at Less Than Fair Value, 83 FR 8835 (March 1, 2018) (Indonesia Final Determination). \2\ See Letter from the ITC to the Honorable Gary Taverman, dated April 16, 2018 (Notification of ITC Final Determination); see also Biodiesel from Argentina and Indonesia, Investigation Nos. 731- TA-1347-1348 (Final) (April 2018). \3\ See Biodiesel from Argentina and Indonesia; Determinations, 83 FR 17447 (April 19, 2018). --------------------------------------------------------------------------- Scope of the Order The product covered by these orders is biodiesel from Argentina and Indonesia. For a complete description of the scope of these orders, see the Appendix to this notice. Antidumping Duty Orders In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured by reason of imports of biodiesel from Argentina and Indonesia.\4\ The ITC also notified Commerce of its determination that critical circumstances do not exist with respect to imports of biodiesel from Argentina subject to Commerce's critical circumstances finding.\5\ Therefore, in accordance with section 735(c)(2) of the Act, Commerce is issuing these AD orders. --------------------------------------------------------------------------- \4\ See Notification of ITC Final Determination. \5\ Id. --------------------------------------------------------------------------- Because the ITC determined that imports of biodiesel from Argentina and Indonesia are materially injuring a U.S. industry, unliquidated entries of such merchandise from Argentina and Indonesia, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of biodiesel from Argentina and Indonesia. Antidumping duties will be assessed on unliquidated entries of biodiesel from Argentina and Indonesia entered, or withdrawn from warehouse for consumption, on or after October 31, 2017, the date on which [[Page 18279]] Commerce published its preliminary determinations in the Federal Register.\6\ --------------------------------------------------------------------------- \6\ See Biodiesel from Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, In Part, 82 FR 50391 (October 31, 2017); Biodiesel from Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 82 FR 50379 (October 31, 2017). --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct CBP to continue to suspend liquidation of all relevant entries of biodiesel from Argentina and Indonesia. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits for estimated antidumping duties equal to the estimated cash deposit rates indicated below. Accordingly, effective the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on the subject merchandise, a cash deposit equal to the cash deposit rates listed below.\7\ The all-others rates apply to producers or exporters not specifically listed, as appropriate. --------------------------------------------------------------------------- \7\ See section 736(a)(3) of the Act. --------------------------------------------------------------------------- Critical Circumstances With regard to the ITC's negative critical circumstances determination regarding imports of biodiesel from Argentina, Commerce will instruct CBP to lift suspension and refund any cash deposits made to secure payment of estimated antidumping duties on subject merchandise entered, or withdrawn from warehouse, for consumption on or after August 2, 2017, (i.e., 90 days prior to the date of publication of the Argentina preliminary determination), but before October 31, 2017, (i.e., the date of publication of the Argentina preliminary determination). Estimated Weighted-Average Dumping Margins The estimated weighted-average AD margins and cash deposit rates are as follows: --------------------------------------------------------------------------- \8\ Commerce 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 affiliated and should be treated as a single entity. See Argentina Final Determination, 83 FR at 8838 n.8. \9\ There were no export subsidies that were countervailed in the concurrent countervailing duty investigation. ------------------------------------------------------------------------ Estimated cash deposit rate Exporters/producers from Estimated margin (adjusted for Argentina (percent) subsidy offset(s)) (percent) ------------------------------------------------------------------------ LDC Argentina S.A............... 60.44 60.44 Vicentin S.A.I.C.\8\............ 86.41 86.23 All Others...................... 74.73 74.63 ------------------------------------------------------------------------ Exporters/producers from Indonesia Estimated margin (percent) \9\ ------------------------------------------------------------------------ Wilmar Trading PTE Ltd.......... 92.52 PT Musim Mas.................... 276.65 All Others...................... 92.52 ------------------------------------------------------------------------ Notification to Interested Parties This notice constitutes the AD orders with respect to biodiesel from Argentina and Indonesia, pursuant to section 736(a) of the Act. Interested parties can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. These orders are issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: April 20, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix Scope of the Orders The product covered by these orders 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. These orders 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 these orders. Biodiesel is generally produced to American Society for Testing and Materials International (ASTM) D6751 specifications, but it can also be made to other specifications. Biodiesel commonly has one of the following Chemical Abstracts Service (CAS) numbers, generally depending upon the feedstock used: 67784-80-9 (soybean oil methyl esters); 91051-34-2 (palm oil methyl esters); 91051-32-0 (palm kernel oil methyl esters); 73891-99-3 (rapeseed oil methyl esters); 61788-61-2 (tallow methyl esters); 68990-52-3 (vegetable oil methyl esters); 129828-16-6 (canola oil methyl esters); 67762-26-9 (unsaturated alkylcarboxylic acid methyl ester); or 68937-84-8 (fatty acids, C12-C18, methyl ester). The B100 product subject to the orders 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. 2018-08775 Filed 4-25-18; 8:45 am] BILLING CODE 3510-DS-P
![18278 Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Notices
CFR 351.218(e)(1)(ii)(C)(2), because it This sunset review and this notice are materially injured within the meaning
received a complete, timely, and in accordance with section 751(c) of the of section 735(b)(1)(A)(i) of the Act, by
adequate response from a domestic Act and published pursuant to section reason of the LTFV imports of biodiesel
interested party but no substantive 777(i)(1) of the Act and 19 CFR from Argentina and Indonesia, and its
responses from respondent interested 351.218(f)(4). determination that critical
parties. As a result of its review, Dated: April 20, 2018. circumstances do not exist with respect
Commerce determined that revocation James Maeder,
to imports of biodiesel from Argentina
of the antidumping duty order would subject to Commerce’s affirmative
Associate Deputy Assistant Secretary for
likely lead to a continuation or Antidumping and Countervailing Duty
critical circumstances determination.2
recurrence of dumping.4 Commerce, Operations, performing the duties of Deputy On April 19, 2018, the ITC published its
therefore, notified the ITC of the Assistant Secretary for Antidumping and final determination in the Federal
magnitude of the margins likely to Countervailing Duty Operations. Register.3
prevail should the antidumping duty [FR Doc. 2018–08776 Filed 4–25–18; 8:45 am] Scope of the Order
order be revoked. On April 19, 2018, the BILLING CODE 3510–DS–P
ITC published notice of its The product covered by these orders
determination, pursuant to section is biodiesel from Argentina and
751(c) of the Act, that revocation of the DEPARTMENT OF COMMERCE Indonesia. For a complete description of
antidumping duty order on honey from the scope of these orders, see the
China would likely lead to a International Trade Administration Appendix to this notice.
continuation or recurrence of material [A–357–820 and A–560–830] Antidumping Duty Orders
injury to an industry in the United
States within a reasonably foreseeable In accordance with sections
Biodiesel From Argentina and
time.5 735(b)(1)(A)(i) and 735(d) of the Act, the
Indonesia: Antidumping Duty Orders
ITC notified Commerce of its final
Scope of the Order AGENCY: Enforcement and Compliance, determination that an industry in the
The merchandise subject to the order International Trade Administration, United States is materially injured by
is honey. For a complete description of Department of Commerce. reason of imports of biodiesel from
the scope of this order, see the Issues SUMMARY: Based on affirmative final Argentina and Indonesia.4 The ITC also
and Decision Memorandum.6 determinations by the Department of notified Commerce of its determination
Commerce (Commerce) and the that critical circumstances do not exist
Continuation of the Order International Trade Commission (ITC), with respect to imports of biodiesel
Commerce is issuing antidumping duty from Argentina subject to Commerce’s
As a result of the determinations by
(AD) orders on biodiesel from Argentina critical circumstances finding.5
Commerce and the ITC that revocation
and Indonesia. Therefore, in accordance with section
of the antidumping duty order would
735(c)(2) of the Act, Commerce is
likely lead to a continuation or DATES: Applicable April 26, 2018.
issuing these AD orders.
recurrence of dumping and material FOR FURTHER INFORMATION CONTACT: Because the ITC determined that
injury to an industry in the United David Lindgren (Argentina) or Myrna imports of biodiesel from Argentina and
States, pursuant to section 751(d)(2) of Lobo (Indonesia); AD/CVD Operations, Indonesia are materially injuring a U.S.
the Act and 19 CFR 351.218(a), Office VII, Enforcement and industry, unliquidated entries of such
Commerce hereby orders the Compliance, International Trade merchandise from Argentina and
continuation of the antidumping duty Administration, U.S. Department of Indonesia, entered or withdrawn from
order on honey from China. U.S. Commerce, 1401 Constitution Avenue warehouse for consumption, are subject
Customs and Border Protection will NW, Washington, DC 20230; telephone: to the assessment of antidumping
continue to collect antidumping duty (202) 482–3870, or (202) 482–2371, duties. Therefore, in accordance with
cash deposits at the rates in effect at the respectively. section 736(a)(1) of the Act, Commerce
time of entry for all imports of subject will direct U.S. Customs and Border
SUPPLEMENTARY INFORMATION:
merchandise. Protection (CBP) to assess, upon further
The effective date of the continuation Background instruction by Commerce, antidumping
of the order will be the date of In accordance with section 735(d) of duties equal to the amount by which the
publication in the Federal Register of the Tariff Act of 1930, as amended (the normal value of the merchandise
this notice of continuation. Pursuant to Act) and 19 CFR 351.210(c), on March exceeds the export price (or constructed
section 751(c)(2) of the Act, Commerce 1, 2018, Commerce published its export price) of the merchandise, for all
intends to initiate the next sunset affirmative final determinations in the relevant entries of biodiesel from
review of the order not later than 30 less-than-fair-value (LTFV) Argentina and Indonesia. Antidumping
days prior to the fifth anniversary of the investigations of biodiesel from duties will be assessed on unliquidated
effective date of continuation. Argentina and Indonesia.1 On April 16, entries of biodiesel from Argentina and
2018, the ITC notified Commerce of its Indonesia entered, or withdrawn from
4 See Honey from the People’s Republic of China:
affirmative final determination, warehouse for consumption, on or after
Final Results of the Expedited Third Sunset Review
of the Antidumping Duty Order, 83 FR 10432 pursuant to section 735(d) of the Act, October 31, 2017, the date on which
(March 9, 2018) (Final Results) and accompanying that an industry in the United States is
2 See Letter from the ITC to the Honorable Gary
Issues and Decision Memorandum, dated March 5,
amozie on DSK30RV082PROD with NOTICES
2017. 1 SeeBiodiesel from Argentina: Final Taverman, dated April 16, 2018 (Notification of ITC
5 See Honey from China: Investigation No. 731–
Determination of Sales at Less Than Fair Value and Final Determination); see also Biodiesel from
TA–893 (Third Review), USITC Publication 4776 Final Affirmative Determination of Critical Argentina and Indonesia, Investigation Nos. 731–
(April 2018); see also Honey from China: Circumstances, In Part, 83 FR 8837 (March 1, 2018) TA–1347–1348 (Final) (April 2018).
3 See Biodiesel from Argentina and Indonesia;
Determination, 83 FR 17445 (April 19, 2018). (Argentina Final Determination); see also Biodiesel
6 For a full description of the scope of order, see from Indonesia: Final Determination of Sales at Determinations, 83 FR 17447 (April 19, 2018).
4 See Notification of ITC Final Determination.
Final Results and accompanying Issues and Less Than Fair Value, 83 FR 8835 (March 1, 2018)
Decision Memorandum. (Indonesia Final Determination). 5 Id.
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![Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Notices 18279
Commerce published its preliminary below. Accordingly, effective the date of deposits made to secure payment of
determinations in the Federal Register.6 publication of the ITC’s final affirmative estimated antidumping duties on
injury determination, CBP will require, subject merchandise entered, or
Continuation of Suspension of
at the same time as importers would withdrawn from warehouse, for
Liquidation
normally deposit estimated duties on consumption on or after August 2, 2017,
In accordance with section the subject merchandise, a cash deposit (i.e., 90 days prior to the date of
735(c)(1)(B) of the Act, Commerce will equal to the cash deposit rates listed publication of the Argentina
instruct CBP to continue to suspend below.7 The all-others rates apply to preliminary determination), but before
liquidation of all relevant entries of producers or exporters not specifically October 31, 2017, (i.e., the date of
biodiesel from Argentina and Indonesia. listed, as appropriate. publication of the Argentina
These instructions suspending preliminary determination).
liquidation will remain in effect until Critical Circumstances
further notice. With regard to the ITC’s negative Estimated Weighted-Average Dumping
Commerce will also instruct CBP to critical circumstances determination Margins
require cash deposits for estimated regarding imports of biodiesel from The estimated weighted-average AD
antidumping duties equal to the Argentina, Commerce will instruct CBP margins and cash deposit rates are as
estimated cash deposit rates indicated to lift suspension and refund any cash follows:
Estimated cash
deposit rate
Estimated margin
Exporters/producers from Argentina (adjusted for
(percent) subsidy offset(s))
(percent)
LDC Argentina S.A .................................................................................................................................. 60.44 60.44
Vicentin S.A.I.C.8 ..................................................................................................................................... 86.41 86.23
All Others ................................................................................................................................................. 74.73 74.63
Exporters/producers from Indonesia Estimated margin (percent) 9
Wilmar Trading PTE Ltd .......................................................................................................................... 92.52
PT Musim Mas ......................................................................................................................................... 276.65
All Others ................................................................................................................................................. 92.52
Notification to Interested Parties percent biodiesel by volume, only the customs purposes, the written description of
biodiesel component of the mixture is the scope is dispositive.
This notice constitutes the AD orders covered by the scope of these orders. [FR Doc. 2018–08775 Filed 4–25–18; 8:45 am]
with respect to biodiesel from Argentina Biodiesel is generally produced to BILLING CODE 3510–DS–P
and Indonesia, pursuant to section American Society for Testing and Materials
736(a) of the Act. Interested parties can International (ASTM) D6751 specifications,
find a list of AD orders currently in but it can also be made to other DEPARTMENT OF COMMERCE
effect at http://enforcement.trade.gov/ specifications. Biodiesel commonly has one
stats/iastats1.html. of the following Chemical Abstracts Service National Oceanic and Atmospheric
These orders are issued and published (CAS) numbers, generally depending upon Administration
in accordance with section 736(a) of the the feedstock used: 67784–80–9 (soybean oil
Act and 19 CFR 351.211(b). methyl esters); 91051–34–2 (palm oil methyl RIN 0648–XG190
Dated: April 20, 2018. esters); 91051–32–0 (palm kernel oil methyl
esters); 73891–99–3 (rapeseed oil methyl Gulf of Mexico Fishery Management
P. Lee Smith,
esters); 61788–61–2 (tallow methyl esters); Council; Public Meeting
Deputy Assistant Secretary for Policy and
68990–52–3 (vegetable oil methyl esters);
Negotiations. AGENCY: National Marine Fisheries
129828–16–6 (canola oil methyl esters);
Appendix Service (NMFS), National Oceanic and
67762–26–9 (unsaturated alkylcarboxylic
acid methyl ester); or 68937–84–8 (fatty
Atmospheric Administration (NOAA),
Scope of the Orders Commerce.
acids, C12–C18, methyl ester).
The product covered by these orders is The B100 product subject to the orders is ACTION: Notice of a public meeting.
biodiesel, which is a fuel comprised of mono-
currently classifiable under subheading
alkyl esters of long chain fatty acids derived SUMMARY: The Gulf of Mexico Fishery
3826.00.1000 of the Harmonized Tariff
from vegetable oils or animal fats, including Management Council will hold a one
biologically-based waste oils or greases, and Schedule of the United States (HTSUS),
while the B99 product is currently day meeting of its Outreach and
other biologically-based oil or fat sources. Education Technical Committee.
These orders cover biodiesel in pure form classifiable under HTSUS subheading
(B100) as well as fuel mixtures containing at 3826.00.3000. Although the HTSUS DATES: The meeting will convene on
least 99 percent biodiesel by volume (B99). subheadings, ASTM specifications, and CAS Thursday, May 10, 2018, from 8:30 a.m.
For fuel mixtures containing less than 99 numbers are provided for convenience and to 4 p.m., EDT.
amozie on DSK30RV082PROD with NOTICES
6 See Biodiesel from Argentina: Preliminary 7 See
section 736(a)(3) of the Act. treated as a single entity. See Argentina Final
Affirmative Determination of Sales at Less Than 8 Commerce determined that Vicentin S.A.I.C., Determination, 83 FR at 8838 n.8.
Fair Value, Preliminary Affirmative Determination and companies Renova S.A., Oleaginosa Moreno 9 There were no export subsidies that were
of Critical Circumstances, In Part, 82 FR 50391 Hermanos S.A., Molinos Agro S.A., Patagonia countervailed in the concurrent countervailing duty
(October 31, 2017); Biodiesel from Indonesia: Energia S.A., VFG Inversiones y Actividades investigation.
Preliminary Affirmative Determination of Sales at Especiales S.A., Vicentin S.A.I.C. Sucursal Uy,
Less Than Fair Value, 82 FR 50379 (October 31, Trading Company X, and Molinos Overseas
2017). Commodities S.A. are affiliated and should be
VerDate Sep<11>2014 16:58 Apr 25, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\26APN1.SGM 26APN1](https://thefederalregister.org/doc/83_FR_18359/page/2.svg)
Document Created: 2018-11-02 08:19:42
Document Modified: 2018-11-02 08:19:42
| 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 April 26, 2018. | |
| Contact | David Lindgren (Argentina) or Myrna Lobo (Indonesia); 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, or (202) 482-2371, respectively. | |
| FR Citation | 83 FR 18278 |
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