83_FR_56519 83 FR 56300 - Biodiesel From Argentina: Initiation of Changed Circumstances Reviews of the Antidumping and Countervailing Duty Orders

83 FR 56300 - Biodiesel From Argentina: Initiation of Changed Circumstances Reviews of the Antidumping and Countervailing Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 219 (November 13, 2018)

Page Range56300-56302
FR Document2018-24689

The Department of Commerce (Commerce) is initiating changed circumstances reviews (CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders on biodiesel from Argentina.

Federal Register, Volume 83 Issue 219 (Tuesday, November 13, 2018)
[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56300-56302]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24689]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-820, C-357-821]


Biodiesel From Argentina: Initiation of Changed Circumstances 
Reviews of the Antidumping and Countervailing Duty Orders

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

SUMMARY: The Department of Commerce (Commerce) is initiating changed 
circumstances reviews (CCR) of the antidumping duty (AD) and 
countervailing duty (CVD) orders on biodiesel from Argentina.

DATES: Applicable November 13, 2018.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace, 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) 482-6251.

SUPPLEMENTARY INFORMATION: 

Background

    On January 4, 2018, and April 26, 2018, Commerce published the CVD 
and AD orders on biodiesel from Argentina.\1\ On September 21, 2018, 
the GOA, joined by Vicentin S.A.I.C. (Vicentin) and LDC Argentina 
(LDC), requested that Commerce initiate a CCR of the AD order, and the 
GOA requested that Commerce initiate a CCR of the CVD order, in order 
to adjust the cash deposit rates established in the AD and CVD 
investigations to reflect changes to Argentina's export tax regime.\2\ 
On

[[Page 56301]]

October 1, 2018, the National Biodiesel Board Fair Trade Coalition 
(petitioner) filed comments requesting that Commerce deny the GOA's 
request.\3\ On October 11, 2018, the GOA, Vicentin and LDC filed 
comments responding to the petitioner's October 1, 2018 comments.\4\ On 
October 15, 2018, the petitioner submitted information and data 
illustrating the improvements in the domestic industry since the 
imposition of the orders, and on October 23, 2018, the petitioner 
submitted further comments opposing the CCRs.\5\ Between September 26, 
2018, and October 19, 2018, Commerce met with the GOA and the 
petitioner to discuss their submissions to the record.\6\
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    \1\ See Biodiesel from the Republic of Argentina and the 
Republic of Indonesia: Countervailing Duty Orders, 83 FR 522 
(January 4, 2018), corrected by Biodiesel from the Republic of 
Argentina and the Republic of Indonesia: Countervailing Duty Orders, 
83 FR 3114 (January 23, 2018); see also Biodiesel from Argentina and 
Indonesia: Antidumping Duty Orders, 83 FR 18278 (April 26, 2018) 
(collectively, Orders).
    \2\ See GOA's Letter, ``Biodiesel from Argentina: Request for 
Changed Circumstances Review,'' dated September 21, 2018 and filed 
on the record of A-357-820; see also GOA's Letter, ``Biodiesel from 
Argentina: Request for Changed Circumstances Review,'' dated 
September 21, 2018 and filed on the record of C-357-821 
(collectively, Requests for CCRs).
    \3\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioner's Opposition to the Government of Argentina's Requests 
for Changed Circumstances Reviews,'' dated October 1, 2018.
    \4\ See GOA's Letter, ``Biodiesel from Argentina: Response to 
Petitioners' Opposition to the Government of Argentina's Request for 
Changed Circumstances Review,'' dated October 11, 2018 (GOA's 
October 11, 2018 Submission).
    \5\ See Petitioner's Letter, ``Positive Impact of Orders from 
Argentina on Domestic Biodiesel Industry,'' dated October 15, 2018; 
see also Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioner's Response to Respondents' October 11, 2018 Submission,'' 
dated October 23, 2018.
    \6\ See Memorandum, ``AD/CVD Orders on Biodiesel from 
Argentina--Requests for Changes Circumstance Reviews,'' dated 
September 26, 2018; see also Memorandum, ``Antidumping and 
Countervailing Duty Orders on Biodiesel from Argentina--Requests for 
Changed Circumstances Reviews: Ex Parte Meeting,'' dated October 4, 
2018; see also Memorandum, ``Antidumping and Countervailing Duty 
Orders on Biodiesel from Argentina--Requests for Changed 
Circumstances Reviews: Ex Parte Meeting,'' dated October 19, 2018.
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Scope of the Orders

    The product covered by the Orders is biodiesel from Argentina. For 
a complete description of the scope of the Orders, see the appendix to 
this notice.

Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR of an AD 
or CVD order when it receives information concerning, or a request from 
an interested party which demonstrates, changed circumstances 
sufficient to warrant such a review. However, section 751(b)(4) of the 
Act also provides that Commerce may not conduct a CCR of an 
investigation determination within 24 months of the date of the 
investigation determination in the absence of ``good cause.''
    In its request for initiation, the GOA explains that there are 
changed circumstances sufficient to warrant reconsideration of the AD 
and CVD final determinations. Regarding changed circumstances, the GOA 
provided information indicating that, since the Orders, there have been 
changes in the export tax regime, which was a key element in Commerce's 
analysis of: (1) The soybeans for less than adequate remuneration 
program in the CVD investigation; and (2) the particular market 
situation finding concerning the cost of soybean input prices in the AD 
investigation.\7\ In particular, the GOA attached three legislative 
decrees effecting changes across its export tax regime, including 
changes to the export taxes applied to soybeans, soybean oil, soymeal, 
and biodiesel. Decrees 793/2018 and 486/2018, issued after the 
investigations were finalized, in May and September 2018, respectively, 
decreased significantly the export tax on soybeans and other 
commodities in the soybean value chain (e.g., soybean oil, soymeal), 
and imposed a new biodiesel export tax. According to the decrees 
themselves, such changes were ``necessary to continue fostering the 
convergence between the export tax applicable to {soybeans, soybean 
oil, soymeal{time}  and that applicable to biodiesel,'' \8\ and ``in 
order to, among other objectives, implement the monetary, exchange or 
foreign trade policy, to stabilize internal prices and to address 
public financial needs.'' \9\ Additionally, Decree 793/2018, in 
addition to decreasing the export tax on soybeans, imposes new, 
temporary taxes on ``all products'' exported from Argentina. The 
decree's preamble references an underlying statutory regime, as well as 
the GOA's 2018 national budget, noting concerns with ensuring ``fiscal 
convergence, an efficient tax policy and the gradual reduction of the 
tax burden.'' \10\ The GOA suggests that such changes indicate a 
revised focus on fiscal policy, and not the development of particular 
industries. The GOA documented that these changes are not merely 
theoretical or prospective but have been in full effect as of September 
2018. Furthermore, the GOA submitted information to support its claim 
that, since the imposition of the Orders, Argentine exporters have 
effectively been unable to ship biodiesel to the United States in light 
of combined AD and CVD cash deposit rates.\11\ According to the GOA, 
this alleged inability to ship to the United States prevents the 
conduct of administrative reviews through which Commerce would 
typically reexamine findings from investigations.\12\
---------------------------------------------------------------------------

    \7\ See Requests for CCRs at 2, 4; see also Biodiesel from the 
Republic of Argentina: Final Affirmative Countervailing Duty 
Determination, 82 FR 53477 (November 16, 2017) and accompanying 
Issues and Decision Memorandum (CVD Final Determination) and 
Biodiesel from Argentina: Final Determination of Sales at Less Than 
Fair Value and Final Determination of Critical Circumstances, in 
Part, 83 FR 8837, and accompanying Issues and Decision Memorandum 
(AD Final Determination), which discussed these aspects of the final 
determinations.
    \8\ Decree 486/2018. See Requests for CCRs at Attachment 3.
    \9\ Decree 793/2018. See Requests for CCRs at Attachment 2.
    \10\ Id.
    \11\ See GOA's October 11, 2018 Submission at 8.
    \12\ Id. (citing U.S. Census Data).
---------------------------------------------------------------------------

    Additionally, the GOA provided two correlating reasons for 
satisfying the ``good cause'' requirement pursuant to section 751(b)(4) 
of the Act. First, the GOA explained that the changes it has made to 
its export tax system, discussed above, have virtually eliminated the 
export tax differential among products in the soybean value chain. 
Specifically, prior to the issuance of the CVD order, in December 2017, 
products in the soybean value chain (except biodiesel) were subject to 
an export tax of 27 to 30 percent, while biodiesel was subject to an 
export tax rate of zero percent.\13\ As of September 2018, the export 
tax on soybean products has been reduced to 18 percent, and the export 
tax on biodiesel has been increased to 15 percent, reducing the export 
tax differential from approximately 30 percent to 3 percent.\14\ The 
GOA also noted its belief that the remaining three percent differential 
is offset by the Most-Favored Nation tariff of 4.6 percent applied to 
U.S. biodiesel imports.\15\ Second, the GOA notes that the imposition 
of the AD and CVD rates (ranging from 60.44 percent to 86.23 percent, 
and 71.45 percent to 72.28 percent, respectively) has completely closed 
the U.S. market for Argentine biodiesel, reducing Argentina's biodiesel 
exports to the United States from approximately $1.2 billion in 2016 to 
zero in 2018.\16\ The GOA notes the combined AD and CVD rates total at 
least 130 percent, depending on the producer and exporter.
---------------------------------------------------------------------------

    \13\ See Requests for CCRs at 3-4, Attachments 1-3.
    \14\ Id.
    \15\ See Requests for CCRs at 4.
    \16\ See GOA's October 11, 2018 Submission at 8.
---------------------------------------------------------------------------

    In considering the GOA's request for a CCR, we note that Commerce 
has initiated CCRs to address a wide variety of issues, some of which 
otherwise may or may not be addressed in the context of an annual 
administrative review.\17\

[[Page 56302]]

Here, although the issues raised by the GOA may be considered in the 
context of an administrative review under section 751(a) of the Act, 
there have been no shipments which could be the subject of an 
administrative review. Thus, under Commerce's normal administrative 
review procedures, we otherwise would not have an opportunity to review 
the substantial changes that the GOA has made to its export tax regime, 
which formed the basis for certain of our findings in the AD Final 
Determination and CVD Final Determination. These changes, as discussed 
in greater detail above, include legislative decrees that significantly 
reduced the export tax on soybeans and other soybean products which 
were examined in the underlying investigations, and imposed new export 
taxes on biodiesel and other goods which were not previously in place 
at the time of the investigations. In light of the above, including the 
information submitted by the GOA regarding a complete cessation of 
shipments of biodiesel from Argentina to the United States and the 
unique nature of the substantial changes to the GOA's export tax regime 
since the imposition of the Orders, we find that there is sufficient 
information and ``good cause'' to initiate CCRs.
---------------------------------------------------------------------------

    \17\ See, e.g., Aluminum Extrusions from the People's Republic 
of China: Initiation and Preliminary Results of Expedited Changed 
Circumstances Review, 83 FR 34548 (July 20, 2018) (finding 
sufficient information to initiate a CCR to recalculate certain cash 
deposit rates); Certain Steel Nails From Malaysia: Initiation of 
Antidumping Duty Changed Circumstances Review, 80 FR 71772 (Nov. 17, 
2015) (finding sufficient information and ``good cause'' to initiate 
a CCR to evaluate whether a company was properly utilizing the 
correct cash deposit rate); Initiation of Changed Circumstances 
Countervailing Duty Administrative Reviews; Pure Magnesium and Alloy 
Magnesium From Canada, 57 FR 41473 (Sept. 10, 1992) (finding 
sufficient information and ``good cause'' to initiate a CCR to 
evaluate changes to the major subsidy program at issue in the 
underlying investigation).
---------------------------------------------------------------------------

    Therefore, we are initiating CCRs pursuant to sections 751(b)(1) 
and (4) of the Act and 19 CFR 351.216(c) and (d) to assess the impacts 
of the GOA's revised export tax regime on the AD Final Determination 
and CVD Final Determination, as discussed above.
    We intend to publish in the Federal Register a notice of 
preliminary results of the AD and CVD CCRs, in accordance with 19 CFR 
351.221(b)(4) and 351.221(c)(3)(i), which will set forth the factual 
and legal conclusions upon which our preliminary results are based, and 
a description of any action proposed based on these results. Pursuant 
to 19 CFR 351.221(b)(4), interested parties will have an opportunity to 
comment on the preliminary results. We will issue the final results of 
review no later than 270 days after publication of this notice of 
initiation in accordance with 19 CFR 351.216(e).
    This notice is published in accordance with section 751(b)(1) and 
777(i) of the Act and 19 CFR 351.221(c)(3) of the Act.

    Dated: November 5, 2018.
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

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 order.
    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. 2018-24689 Filed 11-9-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              56300                       Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Notices

                                                                                                                                                                                                          Weighted-
                                                                                                                                                                                                           average
                                                                              Exporter                                                                       Producer                                     dumping
                                                                                                                                                                                                           margin
                                                                                                                                                                                                          (percent)

                                              Anhui Xingzhou Medicine Food Co., Ltd .................................... Xiwang Pharmaceutical Co., Ltd ...............................................        213.15
                                              Anhui Xingzhou Medicine Food Co., Ltd .................................... Zhucheng Shuguang Biotech Co., Ltd ......................................             213.15
                                                                                                          China-wide Entity 5                                                                                  213.15




                                              Countervailing Duty Order                                 suspend liquidation on all entries of                      DEPARTMENT OF COMMERCE
                                                 In accordance with section 705(d) of                   GNA Products from China, as further
                                              the Act, the ITC notified Commerce of                     described below. These instructions                        International Trade Administration
                                              its final determination that the industry                 suspending liquidation will remain in                      [A–357–820, C–357–821]
                                              in the United States producing GNA                        effect until further notice. Commerce
                                              Products is materially injured within                     will also instruct CBP to require cash                     Biodiesel From Argentina: Initiation of
                                              the meaning of section 705(b)(1)(A)(i) of                 deposits equal to the amounts as                           Changed Circumstances Reviews of
                                              the Act by reason of subsidized imports                   indicated below. Accordingly, effective                    the Antidumping and Countervailing
                                              of GNA Products from China.6                              on the date of publication of the ITC’s                    Duty Orders
                                              Therefore, in accordance with section                     final affirmative injury determination,                    AGENCY:Enforcement and Compliance,
                                              705(c)(2) of the Act, we are publishing                   CBP will require, at the same time as                    International Trade Administration,
                                              this countervailing duty order. Because                   importers would normally deposit                         Department of Commerce.
                                              the ITC determined that imports of GNA                    estimated duties on this subject                         SUMMARY: The Department of Commerce
                                              Products from China are materially                        merchandise, a cash deposit equal to the
                                              injuring a U.S. industry, unliquidated                                                                             (Commerce) is initiating changed
                                                                                                        subsidy rates listed below. The all-                     circumstances reviews (CCR) of the
                                              entries of such merchandise from China,                   others rate applies to all producers or
                                              entered or withdrawn from warehouse                                                                                antidumping duty (AD) and
                                                                                                        exporters not specifically listed below,                 countervailing duty (CVD) orders on
                                              for consumption, are subject to
                                                                                                        as appropriate.                                          biodiesel from Argentina.
                                              assessment of countervailing duties.
                                                 Commerce directed CBP to assess,                                                                                DATES: Applicable November 13, 2018.
                                                                                                                                                    Subsidy rate FOR FURTHER INFORMATION CONTACT:
                                              upon further instruction by Commerce,                             Exporter/producer                    (percent)
                                              countervailing duties on unliquidated                                                                              Kathryn Wallace, AD/CVD Operations,
                                              entries of GNA Products entered, or                       Qingdao Dongxiao Enter-                                  Office VII, Enforcement and
                                              withdrawn from warehouse, for                               prise Co., Ltd ....................             194.67 Compliance, International Trade
                                              consumption on or after May 23, 2018,                     Shandong Fuyang Bio-                                     Administration, U.S. Department of
                                              the date of publication of the CVD                          technology Co ...................               194.67 Commerce, 1401 Constitution Avenue
                                              Preliminary Determination.7 However,                      Shandong Kaison Bio-                                     NW, Washington, DC 20230; telephone:
                                              section 703(d) of the Act states that the                   chemical Co Ltd ................                194.67 (202) 482–6251.
                                              suspension of liquidation pursuant to a                   Tongxiang Hongyu Chemical                                SUPPLEMENTARY INFORMATION:
                                              preliminary determination may not                           Co., Ltd .............................          194.67
                                              remain in effect for more than 120 days.                  All-Others ..............................         194.67   Background
                                              Therefore, we instructed CBP to                                                                                        On January 4, 2018, and April 26,
                                              terminate the suspension of liquidation                   Notification to Interested Parties                         2018, Commerce published the CVD and
                                              and to liquidate, without regard to                                                                                  AD orders on biodiesel from Argentina.1
                                              countervailing duties, unliquidated                          This notice constitutes the AD and                      On September 21, 2018, the GOA,
                                              entries of GNA Products from China                        CVD orders with respect to GNA                             joined by Vicentin S.A.I.C. (Vicentin)
                                              entered, or withdrawn from warehouse,                     Products from China pursuant to                            and LDC Argentina (LDC), requested
                                              for consumption, on or after September                    sections 736(a) and 706(a) of the Act.                     that Commerce initiate a CCR of the AD
                                              20, 2018, until and through the day                       Interested parties can find an updated                     order, and the GOA requested that
                                              preceding the date of publication of the                  list of orders currently in effect by either               Commerce initiate a CCR of the CVD
                                              ITC’s final injury determination in the                   visiting http://enforcement.trade.gov/                     order, in order to adjust the cash deposit
                                              Federal Register.                                         stats/iastats1.html.                                       rates established in the AD and CVD
                                              Suspension of Liquidation (CVD)                              These orders are published in                           investigations to reflect changes to
                                                                                                        accordance with sections 706(a), 736(a),                   Argentina’s export tax regime.2 On
                                                In accordance with section 706 of the
                                              Act, Commerce will instruct CBP to                        and 19 CFR 351.211(b).                                       1 See Biodiesel from the Republic of Argentina

                                                                                                          Dated: November 2, 2018.                                 and the Republic of Indonesia: Countervailing Duty
                                                5 The China-wide Entity includes Dezhou                                                                            Orders, 83 FR 522 (January 4, 2018), corrected by
                                                                                                        Gary Taverman,                                             Biodiesel from the Republic of Argentina and the
                                              Huiyang Biotechnology Co., Ltd., Qingdao Dongxiao
                                              Enterprise Co., Ltd., Shandong Fuyang                     Deputy Assistant Secretary for Antidumping                 Republic of Indonesia: Countervailing Duty Orders,
                                              Biotechnology Co., Ltd./Shandong Fuyang Biology           and Countervailing Duty Operations,                        83 FR 3114 (January 23, 2018); see also Biodiesel
amozie on DSK3GDR082PROD with NOTICES1




                                              Starch Co., Ltd., and Zhejiang Tianyi Food                performing the non-exclusive functions and                 from Argentina and Indonesia: Antidumping Duty
                                              Additives Co., Ltd.                                                                                                  Orders, 83 FR 18278 (April 26, 2018) (collectively,
                                                6 See ITC Letter.
                                                                                                        duties of the Assistant Secretary for                      Orders).
                                                7 See Sodium Gluconate, Gluconic Acid, and
                                                                                                        Enforcement and Compliance.                                  2 See GOA’s Letter, ‘‘Biodiesel from Argentina:

                                              Derivative Products from the People’s Republic of         [FR Doc. 2018–24705 Filed 11–9–18; 8:45 am]                Request for Changed Circumstances Review,’’ dated
                                              China: Preliminary Affirmative Countervailing Duty                                                                   September 21, 2018 and filed on the record of A–
                                                                                                        BILLING CODE 3510–DS–P
                                              Determination and Alignment of Final                                                                                 357–820; see also GOA’s Letter, ‘‘Biodiesel from
                                              Determination with Final Antidumping Duty                                                                            Argentina: Request for Changed Circumstances
                                              Determination, 83 FR 23888 (May 23, 2018).                                                                           Review,’’ dated September 21, 2018 and filed on the



                                         VerDate Sep<11>2014    17:34 Nov 09, 2018   Jkt 247001   PO 00000    Frm 00027      Fmt 4703     Sfmt 4703   E:\FR\FM\13NON1.SGM    13NON1


                                                                         Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Notices                                                        56301

                                              October 1, 2018, the National Biodiesel                 circumstances sufficient to warrant                      effect as of September 2018.
                                              Board Fair Trade Coalition (petitioner)                 reconsideration of the AD and CVD final                  Furthermore, the GOA submitted
                                              filed comments requesting that                          determinations. Regarding changed                        information to support its claim that,
                                              Commerce deny the GOA’s request.3 On                    circumstances, the GOA provided                          since the imposition of the Orders,
                                              October 11, 2018, the GOA, Vicentin                     information indicating that, since the                   Argentine exporters have effectively
                                              and LDC filed comments responding to                    Orders, there have been changes in the                   been unable to ship biodiesel to the
                                              the petitioner’s October 1, 2018                        export tax regime, which was a key                       United States in light of combined AD
                                              comments.4 On October 15, 2018, the                     element in Commerce’s analysis of: (1)                   and CVD cash deposit rates.11
                                              petitioner submitted information and                    The soybeans for less than adequate                      According to the GOA, this alleged
                                              data illustrating the improvements in                   remuneration program in the CVD                          inability to ship to the United States
                                              the domestic industry since the                         investigation; and (2) the particular                    prevents the conduct of administrative
                                              imposition of the orders, and on October                market situation finding concerning the                  reviews through which Commerce
                                              23, 2018, the petitioner submitted                      cost of soybean input prices in the AD                   would typically reexamine findings
                                              further comments opposing the CCRs.5                    investigation.7 In particular, the GOA                   from investigations.12
                                              Between September 26, 2018, and                         attached three legislative decrees                          Additionally, the GOA provided two
                                              October 19, 2018, Commerce met with                     effecting changes across its export tax                  correlating reasons for satisfying the
                                              the GOA and the petitioner to discuss                   regime, including changes to the export                  ‘‘good cause’’ requirement pursuant to
                                              their submissions to the record.6                       taxes applied to soybeans, soybean oil,                  section 751(b)(4) of the Act. First, the
                                                                                                      soymeal, and biodiesel. Decrees 793/                     GOA explained that the changes it has
                                              Scope of the Orders                                                                                              made to its export tax system, discussed
                                                                                                      2018 and 486/2018, issued after the
                                                The product covered by the Orders is                  investigations were finalized, in May                    above, have virtually eliminated the
                                              biodiesel from Argentina. For a                         and September 2018, respectively,                        export tax differential among products
                                              complete description of the scope of the                decreased significantly the export tax on                in the soybean value chain. Specifically,
                                              Orders, see the appendix to this notice.                soybeans and other commodities in the                    prior to the issuance of the CVD order,
                                                                                                      soybean value chain (e.g., soybean oil,                  in December 2017, products in the
                                              Initiation of Changed Circumstances
                                                                                                      soymeal), and imposed a new biodiesel                    soybean value chain (except biodiesel)
                                              Reviews
                                                                                                      export tax. According to the decrees                     were subject to an export tax of 27 to 30
                                                Pursuant to section 751(b)(1) of the                                                                           percent, while biodiesel was subject to
                                                                                                      themselves, such changes were
                                              Tariff Act of 1930, as amended (the Act),                                                                        an export tax rate of zero percent.13 As
                                                                                                      ‘‘necessary to continue fostering the
                                              and 19 CFR 351.216(d), Commerce will                                                                             of September 2018, the export tax on
                                                                                                      convergence between the export tax
                                              conduct a CCR of an AD or CVD order                                                                              soybean products has been reduced to
                                                                                                      applicable to {soybeans, soybean oil,
                                              when it receives information                                                                                     18 percent, and the export tax on
                                                                                                      soymeal} and that applicable to
                                              concerning, or a request from an                                                                                 biodiesel has been increased to 15
                                                                                                      biodiesel,’’ 8 and ‘‘in order to, among
                                              interested party which demonstrates,                                                                             percent, reducing the export tax
                                                                                                      other objectives, implement the
                                              changed circumstances sufficient to                                                                              differential from approximately 30
                                                                                                      monetary, exchange or foreign trade
                                              warrant such a review. However, section                                                                          percent to 3 percent.14 The GOA also
                                                                                                      policy, to stabilize internal prices and to
                                              751(b)(4) of the Act also provides that                                                                          noted its belief that the remaining three
                                                                                                      address public financial needs.’’ 9
                                              Commerce may not conduct a CCR of an                                                                             percent differential is offset by the Most-
                                                                                                      Additionally, Decree 793/2018, in
                                              investigation determination within 24                                                                            Favored Nation tariff of 4.6 percent
                                                                                                      addition to decreasing the export tax on
                                              months of the date of the investigation                                                                          applied to U.S. biodiesel imports.15
                                                                                                      soybeans, imposes new, temporary taxes
                                              determination in the absence of ‘‘good                                                                           Second, the GOA notes that the
                                                                                                      on ‘‘all products’’ exported from
                                              cause.’’                                                                                                         imposition of the AD and CVD rates
                                                In its request for initiation, the GOA                Argentina. The decree’s preamble
                                                                                                      references an underlying statutory                       (ranging from 60.44 percent to 86.23
                                              explains that there are changed                                                                                  percent, and 71.45 percent to 72.28
                                                                                                      regime, as well as the GOA’s 2018
                                                                                                      national budget, noting concerns with                    percent, respectively) has completely
                                              record of C–357–821 (collectively, Requests for                                                                  closed the U.S. market for Argentine
                                              CCRs).                                                  ensuring ‘‘fiscal convergence, an
                                                3 See Petitioner’s Letter, ‘‘Biodiesel from           efficient tax policy and the gradual                     biodiesel, reducing Argentina’s
                                              Argentina: Petitioner’s Opposition to the               reduction of the tax burden.’’ 10 The                    biodiesel exports to the United States
                                              Government of Argentina’s Requests for Changed          GOA suggests that such changes                           from approximately $1.2 billion in 2016
                                              Circumstances Reviews,’’ dated October 1, 2018.
                                                                                                      indicate a revised focus on fiscal policy,               to zero in 2018.16 The GOA notes the
                                                4 See GOA’s Letter, ‘‘Biodiesel from Argentina:
                                                                                                      and not the development of particular                    combined AD and CVD rates total at
                                              Response to Petitioners’ Opposition to the
                                              Government of Argentina’s Request for Changed           industries. The GOA documented that                      least 130 percent, depending on the
                                              Circumstances Review,’’ dated October 11, 2018          these changes are not merely theoretical                 producer and exporter.
                                              (GOA’s October 11, 2018 Submission).                                                                                In considering the GOA’s request for
                                                                                                      or prospective but have been in full
                                                5 See Petitioner’s Letter, ‘‘Positive Impact of                                                                a CCR, we note that Commerce has
                                              Orders from Argentina on Domestic Biodiesel                                                                      initiated CCRs to address a wide variety
                                                                                                         7 See Requests for CCRs at 2, 4; see also Biodiesel
                                              Industry,’’ dated October 15, 2018; see also
                                              Petitioner’s Letter, ‘‘Biodiesel from Argentina:        from the Republic of Argentina: Final Affirmative        of issues, some of which otherwise may
                                              Petitioner’s Response to Respondents’ October 11,       Countervailing Duty Determination, 82 FR 53477           or may not be addressed in the context
                                              2018 Submission,’’ dated October 23, 2018.              (November 16, 2017) and accompanying Issues and          of an annual administrative review.17
                                                6 See Memorandum, ‘‘AD/CVD Orders on                  Decision Memorandum (CVD Final Determination)
                                              Biodiesel from Argentina—Requests for Changes           and Biodiesel from Argentina: Final Determination             11 See
                                                                                                      of Sales at Less Than Fair Value and Final                           GOA’s October 11, 2018 Submission at 8.
                                              Circumstance Reviews,’’ dated September 26, 2018;                                                                     12 Id.(citing U.S. Census Data).
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                                              see also Memorandum, ‘‘Antidumping and                  Determination of Critical Circumstances, in Part, 83
                                                                                                                                                                    13 See Requests for CCRs at 3–4, Attachments 1–
                                              Countervailing Duty Orders on Biodiesel from            FR 8837, and accompanying Issues and Decision
                                                                                                      Memorandum (AD Final Determination), which               3.
                                              Argentina—Requests for Changed Circumstances
                                              Reviews: Ex Parte Meeting,’’ dated October 4, 2018;     discussed these aspects of the final determinations.          14 Id.
                                                                                                         8 Decree 486/2018. See Requests for CCRs at                15 See
                                                                                                                                                                        Requests for CCRs at 4.
                                              see also Memorandum, ‘‘Antidumping and
                                              Countervailing Duty Orders on Biodiesel from            Attachment 3.                                                 16 See
                                                                                                                                                                        GOA’s October 11, 2018 Submission at 8.
                                                                                                         9 Decree 793/2018. See Requests for CCRs at
                                              Argentina—Requests for Changed Circumstances                                                                       17 See, e.g., Aluminum Extrusions from the

                                              Reviews: Ex Parte Meeting,’’ dated October 19,          Attachment 2.                                            People’s Republic of China: Initiation and
                                              2018.                                                      10 Id.                                                                                             Continued




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                                              56302                       Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Notices

                                              Here, although the issues raised by the                  days after publication of this notice of             ACTION:   Notice of open meeting.
                                              GOA may be considered in the context                     initiation in accordance with 19 CFR
                                              of an administrative review under                        351.216(e).                                          SUMMARY:   The National Construction
                                              section 751(a) of the Act, there have                      This notice is published in                        Safety Team (NCST) Advisory
                                              been no shipments which could be the                     accordance with section 751(b)(1) and                Committee (Committee) will hold an
                                              subject of an administrative review.                     777(i) of the Act and 19 CFR                         open meeting via teleconference on
                                              Thus, under Commerce’s normal                            351.221(c)(3) of the Act.                            Tuesday, November 27, 2018 from 11:00
                                              administrative review procedures, we                                                                          a.m. to 2:00 p.m. Eastern Time. The
                                                                                                         Dated: November 5, 2018.                           primary purpose of this meeting is to
                                              otherwise would not have an                              Gary Taverman,
                                              opportunity to review the substantial                                                                         finalize the Committee’s annual report
                                                                                                       Deputy Assistant Secretary for Antidumping           to Congress. The agenda may change to
                                              changes that the GOA has made to its                     and Countervailing Duty Operations,
                                              export tax regime, which formed the                                                                           accommodate Committee business. The
                                                                                                       performing the non-exclusive functions and
                                              basis for certain of our findings in the                                                                      final agenda will be posted on the NIST
                                                                                                       duties of the Assistant Secretary for
                                              AD Final Determination and CVD Final                     Enforcement and Compliance.                          website at https://www.nist.gov/topics/
                                              Determination. These changes, as                                                                              disaster-failure-studies/national-
                                              discussed in greater detail above,                       APPENDIX                                             construction-safety-team-ncst/advisory-
                                              include legislative decrees that                         Scope of the Orders                                  committee.
                                              significantly reduced the export tax on                     The product covered by these orders is            DATES: The NCST Advisory Committee
                                              soybeans and other soybean products                      biodiesel, which is a fuel comprised of mono-        will meet on Tuesday, November 27,
                                              which were examined in the underlying                    alkyl esters of long chain fatty acids derived       2018 from 11:00 a.m. until 2:00 p.m.
                                              investigations, and imposed new export                   from vegetable oils or animal fats, including        Eastern Time.
                                              taxes on biodiesel and other goods                       biologically-based waste oils or greases, and
                                                                                                                                                            ADDRESSES: The meeting will be held
                                              which were not previously in place at                    other biologically-based oil or fat sources.
                                                                                                       These orders cover biodiesel in pure form            via teleconference. For instructions on
                                              the time of the investigations. In light of                                                                   how to participate in the meeting,
                                                                                                       (B100), as well as fuel mixtures containing at
                                              the above, including the information                     least 99 percent biodiesel by volume (B99).          please see the SUPPLEMENTARY
                                              submitted by the GOA regarding a                         For fuel mixtures containing less than 99            INFORMATION section of this notice.
                                              complete cessation of shipments of                       percent biodiesel by volume, only the                FOR FURTHER INFORMATION CONTACT:
                                              biodiesel from Argentina to the United                   biodiesel component of the mixture is                Melissa Banner, Administrative Office
                                              States and the unique nature of the                      covered by the scope of these order.
                                                                                                                                                            Assistant, Community Resilience
                                              substantial changes to the GOA’s export                     Biodiesel is generally produced to
                                                                                                                                                            Program, Engineering Laboratory, NIST,
                                              tax regime since the imposition of the                   American Society for Testing and Materials
                                                                                                       International (ASTM) D6751 specifications,           100 Bureau Drive, Mail Stop 8615,
                                              Orders, we find that there is sufficient
                                                                                                       but it can also be made to other                     Gaithersburg, Maryland 20899–8604.
                                              information and ‘‘good cause’’ to initiate
                                                                                                       specifications. Biodiesel commonly has one           Ms. Banner’s email address is
                                              CCRs.
                                                 Therefore, we are initiating CCRs                     of the following Chemical Abstracts Service          Melissa.Banner@nist.gov; and her phone
                                                                                                       (CAS) numbers, generally depending upon              number is (301) 975–8912.
                                              pursuant to sections 751(b)(1) and (4) of                the feedstock used: 67784–80–9 (soybean oil
                                              the Act and 19 CFR 351.216(c) and (d)                                                                         SUPPLEMENTARY INFORMATION: The
                                                                                                       methyl esters); 91051–34–2 (palm oil methyl
                                              to assess the impacts of the GOA’s                                                                            Committee was established pursuant to
                                                                                                       esters); 91051–32–0 (palm kernel oil methyl
                                              revised export tax regime on the AD                      esters); 73891–99–3 (rapeseed oil methyl             Section 11 of the NCST Act (Pub. L.
                                              Final Determination and CVD Final                        esters); 61788–61–2 (tallow methyl esters);          107–231, codified at 15 U.S.C. 7301 et
                                              Determination, as discussed above.                       68990–52–3 (vegetable oil methyl esters);            seq.). The Committee is currently
                                                 We intend to publish in the Federal                   129828–16–6 (canola oil methyl esters);              composed of six members, appointed by
                                              Register a notice of preliminary results                 67762–26–9 (unsaturated alkylcarboxylic              the Director of NIST, who were selected
                                              of the AD and CVD CCRs, in accordance                    acid methyl ester); or 68937–84–8 (fatty             on the basis of established records of
                                              with 19 CFR 351.221(b)(4) and                            acids, C12–C18, methyl ester).                       distinguished service in their
                                                                                                          The B100 product subject to the orders is         professional community and their
                                              351.221(c)(3)(i), which will set forth the               currently classifiable under subheading
                                              factual and legal conclusions upon                                                                            knowledge of issues affecting the
                                                                                                       3826.00.1000 of the Harmonized Tariff
                                              which our preliminary results are based,                 Schedule of the United States (HTSUS),               National Construction Safety Teams.
                                              and a description of any action                          while the B99 product is currently                   The Committee advises the Director of
                                              proposed based on these results.                         classifiable under HTSUS subheading                  NIST on carrying out the NCST Act;
                                              Pursuant to 19 CFR 351.221(b)(4),                        3826.00.3000. Although the HTSUS                     reviews the procedures developed for
                                              interested parties will have an                          subheadings, ASTM specifications, and CAS            conducting investigations; and reviews
                                              opportunity to comment on the                            numbers are provided for convenience and             the reports issued documenting
                                              preliminary results. We will issue the                   customs purposes, the written description of         investigations. Background information
                                              final results of review no later than 270                the scope is dispositive.                            on the NCST Act and information on the
                                                                                                       [FR Doc. 2018–24689 Filed 11–9–18; 8:45 am]          NCST Advisory Committee is available
                                              Preliminary Results of Expedited Changed                 BILLING CODE 3510–DS–P                               at https://www.nist.gov/topics/disaster-
                                              Circumstances Review, 83 FR 34548 (July 20, 2018)                                                             failure-studies/national-construction-
                                              (finding sufficient information to initiate a CCR to
                                              recalculate certain cash deposit rates); Certain Steel
                                                                                                                                                            safety-team-ncst/advisory-committee.
                                              Nails From Malaysia: Initiation of Antidumping           DEPARTMENT OF COMMERCE                                  Pursuant to the Federal Advisory
                                              Duty Changed Circumstances Review, 80 FR 71772                                                                Committee Act, as amended, 5 U.S.C.
                                              (Nov. 17, 2015) (finding sufficient information and      National Institute of Standards and                  App., notice is hereby given that the
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                                              ‘‘good cause’’ to initiate a CCR to evaluate whether     Technology                                           NCST Advisory Committee will meet on
                                              a company was properly utilizing the correct cash
                                              deposit rate); Initiation of Changed Circumstances                                                            Tuesday, November 27, 2018 from 11:00
                                                                                                       National Construction Safety Team
                                              Countervailing Duty Administrative Reviews; Pure                                                              a.m. until 2:00 p.m. Eastern Time. The
                                              Magnesium and Alloy Magnesium From Canada, 57            Advisory Committee Meeting
                                                                                                                                                            meeting will be open to the public and
                                              FR 41473 (Sept. 10, 1992) (finding sufficient
                                              information and ‘‘good cause’’ to initiate a CCR to
                                                                                                       AGENCY: National Institute of Standards              will be held via teleconference. There
                                              evaluate changes to the major subsidy program at         and Technology, Department of                        will be no central meeting location.
                                              issue in the underlying investigation).                  Commerce.                                            Interested members of the public will be


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Document Created: 2018-11-10 03:18:05
Document Modified: 2018-11-10 03:18:05
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
DatesApplicable November 13, 2018.
ContactKathryn Wallace, 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) 482-6251.
FR Citation83 FR 56300 

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