83 FR 8837 - Biodiesel From Argentina: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 41 (March 1, 2018)
International Trade Administration
Federal Register Volume 83, Issue 41 (March 1, 2018)
| Page Range | 8837-8839 | |
| FR Document | 2018-04137 |
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)] [Notices] [Pages 8837-8839] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04137] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-357-820] Biodiesel From Argentina: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of biodiesel from Argentina are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is January 1, 2016, through December 31, 2016. The final weighted-average dumping margins are listed below in the section entitled ``Final Determination Margins.'' DATES: Applicable March 1, 2018. FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3870. SUPPLEMENTARY INFORMATION: Background On October 31, 2017, Commerce published in the Federal Register the preliminary affirmative determination of sales at LTFV and the preliminary affirmative determination of critical circumstances, in part, in the antidumping duty (AD) investigation of biodiesel from Argentina.\1\ On December 8, 2017, Commerce published a postponement notice, extending the due date of the final LTFV determination until February 15, 2018.\2\ Commerce invited comments from interested parties on the Preliminary Determination.\3\ The petitioner, LDC Argentina S.A. (LDC), and the Vicentin Group filed case and rebuttal briefs.\4\ Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. The revised deadline for the final determination of this investigation is now February 20, 2018.\5\ A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum.\6\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Biodiesel from Argentina: Preliminary Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, 82 FR 50391 (October 31, 2017) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Biodiesel from Argentina and Indonesia: Postponement of Final Determinations of Sales in Less Than Fair Value Investigations and Extension of Provisional Measures, 82 FR 57952 (December 8, 2017). \3\ See Memorandum, ``Case Brief Schedule for the Antidumping Duty Investigation of Biodiesel from Argentina,'' dated December 1, 2017. \4\ The petitioner is the National Biodiesel Board Fair Trade Coalition, which is an ad hoc association comprised of domestic producers of biodiesel, as well as one trade association. See, e.g., Biodiesel from Argentina and Indonesia; Antidumping and Countervailing Duty Petitions, dated March 23, 2017. The Vicentin Group consists of the following companies: Vicentin S.A.I.C., Renova S.A., Oleaginosa Moreno Hermanos S.A., Molinos Agro S.A., Patagonia Energia S.A., VFG Inversiones y Actividades Especiales S.A., Vicentin S.A.I.C. Sucursal Uy, Trading Company X, and Molinos Overseas Commodities S.A. See, e.g., Preliminary Decision Memorandum at ``Affiliation and Collapsing.'' \5\ See Memorandum, ``Deadlines Affected by the Shutdown of the Federal Government,'' dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR 24533 (May 10, 2005). \6\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Biodiesel from Argentina,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is biodiesel from Argentina. Commerce did not receive any scope comments subsequent to the Preliminary Determination and, therefore, the scope has not been updated since the Preliminary Determination. See the scope in Appendix I to this notice. Period of Investigation The POI is January 1, 2016, through December 31, 2016. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), we conducted the cost and sales verifications in Buenos Aires, Argentina, and Kansas City, Missouri, between October 30, 2017, and November 17, 2017. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Final Affirmative Determination of Critical Circumstances, in Part In the Preliminary Determination, in accordance with section 733(e)(1) of the Act and 19 CFR 351.206, Commerce found that critical circumstances existed for LDC and ``all other'' producers or exporters not individually examined and found that critical circumstances did not exist for the Vicentin Group. Commerce received no comments concerning the preliminary critical circumstances determination. Thus, for this final determination, Commerce continues to find that, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances exist for LDC and ``all other'' producers or exporters and do not exist for the Vicentin Group. For further discussion of Commerce's critical circumstances analysis, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix II. [[Page 8838]] Use of Facts Available and Adverse Facts Available For purposes of this final determination, Commerce relied, in part, on facts available with adverse inferences when calculating the margins for LDC and the Vicentin Group, pursuant to sections 776(a)(2)(A)-(C) and 776(b) of the Act. For further information, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ``all- others'' rate for exporters and producers not individually investigated shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding any margins that are zero or de minimis or any margins determined entirely under section 776 of the Act. We calculated the all-others rate using a weighted average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration, pursuant to section 735(c)(5)(A) of the Act, as referenced in the ``Final Determination Margins'' section below.\7\ --------------------------------------------------------------------------- \7\ For more detail on this calculation, see Memorandum, ``Antidumping Duty Investigation of Biodiesel from Argentina: Final Determination Calculation for the `All Others' Rate,'' dated concurrently with this notice (Final All-Others Memorandum). --------------------------------------------------------------------------- Final Determination Margins The weighted-average dumping margins are as follows: --------------------------------------------------------------------------- \8\ As noted above, Commerce preliminarily determined that Vicentin S.A.I.C., and companies Renova S.A., Oleaginosa Moreno Hermanos S.A., Molinos Agro S.A., Patagonia Energia S.A., VFG Inversiones y Actividades Especiales S.A., Vicentin S.A.I.C. Sucursal Uy, Trading Company X, and Molinos Overseas Commodities S.A. are a single entity. See Preliminary Decision Memorandum at ``Affiliation and Collapsing.'' This determination has not been changed for the purposes of the final determination. \9\ See Memorandum to the File, ``Antidumping Duty Investigation of Biodiesel from Argentina: Vicentin Group Final Determination Analysis,'' dated concurrently with this notice (Vicentin Final Analysis Memorandum). \10\ See Final All-Others Memorandum. ------------------------------------------------------------------------ Cash deposit rate Estimated weighted- (adjusted for Exporter or producer average dumping subsidy offset(s)) margin (percent) (percent) ------------------------------------------------------------------------ LDC Argentina S.A............... 60.44 60.44 Vicentin S.A.I.C.\8\............ 86.41 \9\ 86.23 All-Others...................... 74.73 \10\ 74.63 ------------------------------------------------------------------------ Disclosure We will disclose the calculations performed within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 733(e)(2) of the Act, for this final determination, Commerce will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of biodiesel, as described in the Appendix I to this notice, produced or exported by LDC and ``all other'' exporters and producers not individually examined, which were entered, or withdrawn from warehouse, for consumption on or after August 2, 2017 (90 days prior to the date of publication of the Preliminary Determination), because we continue to find that critical circumstances exist with regard to imports from produced or exported by LDC and ``all other'' exporters and producers not individually examined. In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. CBP to continue to suspend liquidation of all appropriate entries of biodiesel from Argentina, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after October 31, 2017, the date of publication of the Preliminary Determination. Furthermore, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit for such entries of merchandise equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the respondent-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate.\11\ Any such adjusted cash deposit rate may be found in the ``Final Determination Margins'' section, above. --------------------------------------------------------------------------- \11\ See Memorandum to the File, ``Antidumping Duty Investigation of Biodiesel from Argentina: LDC Argentina S.A. Final Determination Analysis,'' dated concurrently with this notice; see also Vicentin Final Analysis Memorandum; Final All-Others Memorandum. --------------------------------------------------------------------------- These instructions will stay in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2)(B) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of biodiesel from Argentina no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the [[Page 8839]] ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction or APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: February 20, 2018. Prentiss Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix I--Scope of the Investigation The product covered by this investigation is biodiesel, which is a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, including biologically- based waste oils or greases, and other biologically-based oil or fat sources. The investigation covers biodiesel in pure form (B100) as well as fuel mixtures containing at least 99 percent biodiesel by volume (B99). For fuel mixtures containing less than 99 percent biodiesel by volume, only the biodiesel component of the mixture is covered by the scope of the investigation. Biodiesel is generally produced to American Society for Testing and Materials International (ASTM) D6751 specifications, but it can also be made to other specifications. Biodiesel commonly has one of the following Chemical Abstracts Service (CAS) numbers, generally depending upon the feedstock used: 67784-80-9 (soybean oil methyl esters); 91051-34-2 (palm oil methyl esters); 91051-32-0 (palm kernel oil methyl esters); 73891-99-3 (rapeseed oil methyl esters); 61788-61-2 (tallow methyl esters); 68990-52-3 (vegetable oil methyl esters); 129828-16-6 (canola oil methyl esters); 67762-26-9 (unsaturated alkylcarboxylic acid methyl ester); or 68937-84-8 (fatty acids, C12-C18, methyl ester). The B100 product subject to the investigation is currently classifiable under subheading 3826.00.1000 of the Harmonized Tariff Schedule of the United States (HTSUS), while the B99 product is currently classifiable under HTSUS subheading 3826.00.3000. Although the HTSUS subheadings, ASTM specifications, and CAS numbers are provided for convenience and customs purposes, the written description of the scope is dispositive. Appendix II--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Affirmative Determination of Critical Circumstances, in Part V. Changes Since the Preliminary Determination VI. Use of Facts Otherwise Available and Adverse Inferences VII. Discussion of the Issues Comment 1: Whether It Is Appropriate To Adjust Normal Value for the Renewable Identification Number Value Comment 2: Whether the Determination To Disregard Home Market Prices Due to Particular Market Situation Contradicts Commerce Precedent Comment 3: Whether the Particular Market Situation Permits Disregarding Raw Material Costs Comment 4: Whether the Particular Market Situation Adjustment for Soybean Export Tax Results in Double Counting Comment 5: Whether To Adjust the Constructed Value Profit Calculation Comment 6: Whether Commerce's Use of Its Inflation Methodology Should Be Determined on a Country-Wide or Company-Specific Basis Comment 7: Whether It Is Appropriate To Index Costs for Inflation if Commerce Finds a Particular Market Situation Comment 8: Whether To Deduct Export Taxes From Gross Unit Prices Comment 9: Whether To Apply Adverse Facts Available to Certain Unreported LDC Expenses Comment 10: Whether To Apply Facts Available to LDC's Unreported U.S. Sales Comment 11: Treatment of Vicentin Group's EPA-Related Soybean Expenses Comment 12: Whether To Apply Adverse Facts Available to Molinos's Export Expenses Comment 13: Whether To Adjust Patagonia's Costs for the Change in Biodiesel Finished Goods Inventories Comment 14: Whether To Reduce Patagonia's Byproduct Offset by Commissions Paid on the Sales of the Byproduct Comment 15: Whether To Adjust Vicentin's Reported Costs for an Unreconcilable Cost Difference Comment 16: Whether Elements of the Renova Transfer Price to Actual Processing Cost Comparison Are on an Inconsistent Basis and Require Adjustment VIII. Recommendation [FR Doc. 2018-04137 Filed 2-28-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Notices 8837
Comment 7: Whether to Continue to postponement notice, extending the due frn/. The signed and electronic versions
Include Allocated RIN and BTC Values date of the final LTFV determination of the Issues and Decision
for Wilmar’s U.S. Sales of Biodiesel until February 15, 2018.2 Commerce Memorandum are identical in content.
Made Without RINs and BTCs invited comments from interested
Comment 8: Whether Commerce Should Scope of the Investigation
Correct Its Constructed Value
parties on the Preliminary
Calculation Based on Its Cost Determination.3 The petitioner, LDC The product covered by this
Verification Finding Argentina S.A. (LDC), and the Vicentin
investigation is biodiesel from
Comment 9: Whether Commerce’s Group filed case and rebuttal briefs.4
Argentina. Commerce did not receive
Application of AFA to Musim Mas was Commerce exercised its discretion to
Justified and Sufficiently Adverse toll deadlines affected by the closure of any scope comments subsequent to the
VI. Recommendation the Federal Government from January Preliminary Determination and,
[FR Doc. 2018–04138 Filed 2–28–18; 8:45 am] 20 through 22, 2018. The revised therefore, the scope has not been
deadline for the final determination of updated since the Preliminary
BILLING CODE 3510–DS–P
this investigation is now February 20, Determination. See the scope in
2018.5 A summary of the events that Appendix I to this notice.
DEPARTMENT OF COMMERCE occurred since Commerce published the Period of Investigation
Preliminary Determination, as well as a
International Trade Administration full discussion of the issues raised by The POI is January 1, 2016, through
[A–357–820] interested parties for this final December 31, 2016.
determination, may be found in the
Biodiesel From Argentina: Final Issues and Decision Memorandum.6 The Verification
Determination of Sales at Less Than Issues and Decision Memorandum is a
public document and is on file As provided in section 782(i) of the
Fair Value and Final Affirmative Tariff Act of 1930, as amended (the Act),
Determination of Critical electronically via Enforcement and
Compliance’s Antidumping and we conducted the cost and sales
Circumstances, in Part
Countervailing Duty Centralized verifications in Buenos Aires,
AGENCY: Enforcement and Compliance, Electronic Service System (ACCESS). Argentina, and Kansas City, Missouri,
International Trade Administration, ACCESS is available to registered users between October 30, 2017, and
Department of Commerce. at http://access.trade.gov, and it is November 17, 2017. We used standard
SUMMARY: The Department of Commerce available to all parties in the Central verification procedures, including an
(Commerce) determines that imports of Records Unit, Room B8024 of the main examination of relevant accounting and
biodiesel from Argentina are being, or Commerce building. In addition, a production records, and original source
are likely to be, sold in the United States complete version of the Issues and documents provided by the
at less than fair value (LTFV), as Decision Memorandum can be accessed respondents.
provided in section 735 of the Tariff Act directly at http://enforcement.trade.gov/
of 1930, as amended (the Act). The Final Affirmative Determination of
period of investigation (POI) is January 2 See Biodiesel from Argentina and Indonesia: Critical Circumstances, in Part
Postponement of Final Determinations of Sales in
1, 2016, through December 31, 2016. Less Than Fair Value Investigations and Extension In the Preliminary Determination, in
The final weighted-average dumping of Provisional Measures, 82 FR 57952 (December 8, accordance with section 733(e)(1) of the
margins are listed below in the section 2017).
Act and 19 CFR 351.206, Commerce
entitled ‘‘Final Determination Margins.’’ 3 See Memorandum, ‘‘Case Brief Schedule for the
Antidumping Duty Investigation of Biodiesel from found that critical circumstances existed
DATES: Applicable March 1, 2018. Argentina,’’ dated December 1, 2017. for LDC and ‘‘all other’’ producers or
FOR FURTHER INFORMATION CONTACT: 4 The petitioner is the National Biodiesel Board
exporters not individually examined
David Lindgren, AD/CVD Operations, Fair Trade Coalition, which is an ad hoc association and found that critical circumstances
comprised of domestic producers of biodiesel, as
Office VII, Enforcement and well as one trade association. See, e.g., Biodiesel did not exist for the Vicentin Group.
Compliance, International Trade from Argentina and Indonesia; Antidumping and Commerce received no comments
Administration, U.S. Department of Countervailing Duty Petitions, dated March 23, concerning the preliminary critical
Commerce, 1401 Constitution Avenue 2017. The Vicentin Group consists of the following
companies: Vicentin S.A.I.C., Renova S.A.,
circumstances determination. Thus, for
NW, Washington, DC 20230; telephone: Oleaginosa Moreno Hermanos S.A., Molinos Agro this final determination, Commerce
(202) 482–3870. S.A., Patagonia Energia S.A., VFG Inversiones y continues to find that, in accordance
SUPPLEMENTARY INFORMATION: Actividades Especiales S.A., Vicentin S.A.I.C. with section 735(a)(3) of the Act and 19
Sucursal Uy, Trading Company X, and Molinos
Background Overseas Commodities S.A. See, e.g., Preliminary CFR 351.206, critical circumstances
Decision Memorandum at ‘‘Affiliation and exist for LDC and ‘‘all other’’ producers
On October 31, 2017, Commerce Collapsing.’’ or exporters and do not exist for the
published in the Federal Register the 5 See Memorandum, ‘‘Deadlines Affected by the
Vicentin Group. For further discussion
preliminary affirmative determination of Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of of Commerce’s critical circumstances
sales at LTFV and the preliminary the proceeding have been extended by 3 days. If the analysis, see the Issues and Decision
affirmative determination of critical new deadline falls on a non-business day, in Memorandum.
circumstances, in part, in the accordance with Commerce’s practice, the deadline
antidumping duty (AD) investigation of will become the next business day. See Notice of Analysis of Comments Received
Clarification: Application of ‘‘Next Business Day’’
biodiesel from Argentina.1 On December Rule for Administrative Determination Deadlines
amozie on DSK30RV082PROD with NOTICES
8, 2017, Commerce published a All issues raised in the case and
Pursuant to the Tariff Act of 1930, as Amended, 70
FR 24533 (May 10, 2005). rebuttal briefs by parties in this
1 See Biodiesel from Argentina: Preliminary 6 See Memorandum, ‘‘Issues and Decision investigation are addressed in the Issues
Determination of Sales at Less Than Fair Value, Memorandum for the Final Affirmative and Decision Memorandum, which is
Preliminary Affirmative Determination of Critical Determination in the Antidumping Duty hereby adopted by this notice. A list of
Circumstances, in Part, 82 FR 50391 (October 31, Investigation of Biodiesel from Argentina,’’ dated
2017) (Preliminary Determination) and concurrently with, and hereby adopted by, this the issues raised is attached to this
accompanying Preliminary Decision Memorandum. notice (Issues and Decision Memorandum). notice as Appendix II.
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![Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Notices 8839
ITC determines that such injury does Tariff Schedule of the United States DEPARTMENT OF COMMERCE
exist, Commerce will issue an (HTSUS), while the B99 product is currently
antidumping duty order directing CBP classifiable under HTSUS subheading International Trade Administration
to assess, upon further instruction by 3826.00.3000. Although the HTSUS
subheadings, ASTM specifications, and CAS [A–351–825]
Commerce, antidumping duties on all numbers are provided for convenience and
imports of the subject merchandise customs purposes, the written description of Stainless Steel Bar From Brazil:
entered, or withdrawn from warehouse, the scope is dispositive. Preliminary Results of Antidumping
for consumption on or after the effective Duty Administrative Review; 2016–
date of the suspension of liquidation, as Appendix II—List of Topics Discussed 2017
discussed above in the ‘‘Continuation of in the Issues and Decision
Suspension of Liquidation’’ section. Memorandum AGENCY: Enforcement and Compliance,
International Trade Administration,
Notification Regarding Administrative I. Summary
II. Background Department of Commerce.
Protective Orders
III. Scope of the Investigation SUMMARY: The Department of Commerce
This notice will serve as the only IV. Final Affirmative Determination of (Commerce) preliminarily finds that the
reminder to parties subject to Critical Circumstances, in Part sole exporter subject to this
administrative protective order (APO) of V. Changes Since the Preliminary administrative review has not made
their responsibility concerning the Determination sales of subject merchandise at less than
destruction of proprietary information VI. Use of Facts Otherwise Available and normal value. We invite interested
disclosed under APO in accordance Adverse Inferences
VII. Discussion of the Issues
parties to comment on these preliminary
with 19 CFR 351.305(a)(3). Timely results.
Comment 1: Whether It Is Appropriate To
written notification of return/ Adjust Normal Value for the Renewable DATES: Applicable March 1, 2018.
destruction or APO materials or Identification Number Value FOR FURTHER INFORMATION CONTACT:
conversion to judicial protective order is Comment 2: Whether the Determination To
hereby requested. Failure to comply Dmitry Vladimirov, Office I,
Disregard Home Market Prices Due to
with the regulations and the terms of an Enforcement and Compliance,
Particular Market Situation Contradicts
APO is a sanctionable violation. Commerce Precedent
International Trade Administration,
Comment 3: Whether the Particular Market U.S. Department of Commerce, 1401
Notification to Interested Parties Situation Permits Disregarding Raw Constitution Avenue NW, Washington,
We are issuing and publishing this Material Costs DC 20230; telephone: (202) 482–0665.
determination and notice in accordance Comment 4: Whether the Particular Market SUPPLEMENTARY INFORMATION:
with sections 735(d) and 777(i) of the Situation Adjustment for Soybean Export
Tax Results in Double Counting Background
Act and 19 CFR 351.210(c).
Comment 5: Whether To Adjust the Commerce is conducting an
Dated: February 20, 2018. Constructed Value Profit Calculation
administrative review of the
Prentiss Lee Smith, Comment 6: Whether Commerce’s Use of
Its Inflation Methodology Should Be antidumping duty order on stainless
Deputy Assistant Secretary for Policy and
Determined on a Country-Wide or steel bar (SSB) from Brazil. The period
Negotiations.
Company-Specific Basis of review (POR) is February 1, 2016,
Appendix I—Scope of the Investigation Comment 7: Whether It Is Appropriate To through January 31, 2017. The review
The product covered by this investigation Index Costs for Inflation if Commerce covers one producer/exporter of the
is biodiesel, which is a fuel comprised of Finds a Particular Market Situation subject merchandise, Villares Metals
mono-alkyl esters of long chain fatty acids Comment 8: Whether To Deduct Export S.A. (Villares).
derived from vegetable oils or animal fats, Taxes From Gross Unit Prices
including biologically-based waste oils or Comment 9: Whether To Apply Adverse Scope of the Order
greases, and other biologically-based oil or fat Facts Available to Certain Unreported The merchandise subject to the order
sources. The investigation covers biodiesel in LDC Expenses
is SSB. The SSB subject to the order is
pure form (B100) as well as fuel mixtures Comment 10: Whether To Apply Facts
Available to LDC’s Unreported U.S. Sales
currently classifiable under subheadings
containing at least 99 percent biodiesel by
volume (B99). For fuel mixtures containing Comment 11: Treatment of Vicentin 7222.10.00, 7222.11.00, 7222.19.00,
less than 99 percent biodiesel by volume, Group’s EPA-Related Soybean Expenses 7222.20.00, 7222.30.00 of the
only the biodiesel component of the mixture Comment 12: Whether To Apply Adverse Harmonized Tariff Schedule of the
is covered by the scope of the investigation. Facts Available to Molinos’s Export United States (HTSUS). While the
Biodiesel is generally produced to Expenses HTSUS subheadings are provided for
American Society for Testing and Materials Comment 13: Whether To Adjust convenience and customs purposes, the
International (ASTM) D6751 specifications, Patagonia’s Costs for the Change in written description is dispositive. A full
but it can also be made to other Biodiesel Finished Goods Inventories description of the scope of the order is
specifications. Biodiesel commonly has one Comment 14: Whether To Reduce
of the following Chemical Abstracts Service contained in the Preliminary Decision
Patagonia’s Byproduct Offset by
(CAS) numbers, generally depending upon Commissions Paid on the Sales of the
Memorandum.1
the feedstock used: 67784–80–9 (soybean oil Byproduct Methodology
methyl esters); 91051–34–2 (palm oil methyl Comment 15: Whether To Adjust
esters); 91051–32–0 (palm kernel oil methyl Vicentin’s Reported Costs for an Commerce conducted this review in
esters); 73891–99–3 (rapeseed oil methyl Unreconcilable Cost Difference accordance with section 751(a)(2) of the
esters); 61788–61–2 (tallow methyl esters); Comment 16: Whether Elements of the Tariff Act of 1930, as amended (the Act).
amozie on DSK30RV082PROD with NOTICES
68990–52–3 (vegetable oil methyl esters); Renova Transfer Price to Actual Constructed export price and export
129828–16–6 (canola oil methyl esters); Processing Cost Comparison Are on an
67762–26–9 (unsaturated alkylcarboxylic Inconsistent Basis and Require 1 See the Memorandum, ‘‘Stainless Steel Bar from
acid methyl ester); or 68937–84–8 (fatty Adjustment Brazil: Decision Memorandum for Preliminary
acids, C12–C18, methyl ester). VIII. Recommendation Results of Antidumping Duty Administrative
The B100 product subject to the Review; 2016–2017,’’ dated concurrently with, and
investigation is currently classifiable under [FR Doc. 2018–04137 Filed 2–28–18; 8:45 am] hereby adopted by this notice (Preliminary Decision
subheading 3826.00.1000 of the Harmonized BILLING CODE 3510–DS–P Memorandum).
VerDate Sep<11>2014 17:26 Feb 28, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1](https://thefederalregister.org/doc/83_FR_8878/page/3.svg)
Document Created: 2018-02-28 23:58:51
Document Modified: 2018-02-28 23:58:51
| 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 March 1, 2018. | |
| Contact | David Lindgren, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3870. | |
| FR Citation | 83 FR 8837 |
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