[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Notices]
[Pages 522-523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28480]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-821 and C-560-831]


Biodiesel From the Republic of Argentina and the Republic of 
Indonesia: Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing countervailing duty (CVD) orders on biodiesel from 
the Republic of Argentina (Argentina) and the Republic of Indonesia 
(Indonesia).

DATES: Applicable January 4, 2018.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace (Argentina) or Gene 
Calvert (Indonesia); AD/CVD Operations, Office VII, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-6251, or (202) 482-3586, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on November 16, 2017, Commerce published its 
affirmative final determinations in the CVD investigations of biodiesel 
from Argentina and Indonesia.\1\ On December 21, 2017, the ITC notified 
Commerce of its affirmative final determination, pursuant to section 
705(d) of the Act, that an industry in the United States is materially 
injured within the meaning of section 705(b)(1)(A)(i) of the Act, by 
reason of subsidized imports of biodiesel from Argentina and 
Indonesia.\2\ On December 28, 2017, the ITC published its final 
determination in the Federal Register.\3\
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    \1\ See Biodiesel from the Republic of Argentina: Final 
Affirmative Countervailing Duty Determination, 82 FR 53477 (November 
16, 2017) (Argentina Final Determination); see also Biodiesel from 
the Republic of Indonesia: Final Affirmative Countervailing Duty 
Determination, 82 FR 53471 (November 16, 2017) (Indonesia Final 
Determination).
    \2\ See Letter from the ITC to the Honorable Gary Taverman, 
dated December 21, 2017 (Notification of ITC Final Determination); 
see also Biodiesel from Argentina and Indonesia, Investigation Nos. 
701-TA-571-572 and 731-TA-1347-1348 (Final) (December 2017).
    \3\ See Biodiesel from Argentina and Indonesia; Determinations, 
82 FR 61585 (December 28, 2017).
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Scope of the Order

    The product covered by these orders is biodiesel from Argentina and 
Indonesia. For a complete description of the scope of these orders, see 
the Appendix to this notice.

Countervailing Duty Orders

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified Commerce of its final determination that an industry 
in the United States is materially injured by reason of subsidized 
imports of biodiesel from Argentina and Indonesia.\4\ Therefore, in 
accordance with section 705(c)(2) of the Act, we are issuing these CVD 
orders.
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    \4\ See Notification of ITC Final Determination.
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    Because the ITC determined that imports of biodiesel from Argentina 
and Indonesia are materially injuring a U.S. industry, unliquidated 
entries of such merchandise from Argentina and Indonesia, entered or 
withdrawn from warehouse for consumption, are subject to the assessment 
of countervailing duties. Therefore, in accordance with section 706(a) 
of the Act, Commerce will direct U.S. Customs and Border Protection 
(CBP) to assess, upon further instruction by Commerce, countervailing 
duties for all relevant entries of biodiesel from Argentina and 
Indonesia in an amount equal to the net countervailable subsidy rates 
for the subject merchandise. Countervailing duties will be assessed on 
unliquidated entries of biodiesel from Argentina and Indonesia entered, 
or withdrawn from warehouse for consumption, on or after August 28, 
2017, the date on which Commerce published its preliminary 
determinations in the Federal Register.\5\
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    \5\ See Biodiesel from Argentina: Preliminary Affirmative 
Countervailing Duty Determination and Preliminary Affirmative 
Critical Circumstances Determination, In Part, 82 FR 40748 (August 
28, 2017); Biodiesel from the Republic of Indonesia: Preliminary 
Affirmative Countervailing Duty Determination, 82 FR 40746 (August 
28, 2017).
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Continuation of Suspension of Liquidation

    In accordance with section 706 of the Act, Commerce will direct CBP 
to continue to suspend liquidation of all relevant entries of biodiesel 
from Argentina and Indonesia, and to assess, upon further instruction 
by Commerce pursuant to 706(a)(1) of the Act, countervailing duties for 
each entry of the subject merchandise in an amount based on the net 
countervailable subsidy rates for the subject merchandise. These 
instructions will remain in effect until further notice.

Subsidy Rates

    Commerce will also instruct CBP to require cash deposits equal to 
the amounts as indicated below. The all-others rate applies to all 
producers or exporters not specifically listed, as appropriate.

------------------------------------------------------------------------
                                                           Subsidy rate
           Exporters/Producers from Argentina                    %
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LDC Argentina S.A \6\...................................           72.28
Vicentin S.A.I.C \7\....................................           71.45
All Others..............................................           71.87
Wilmar Trading Co., Ltd.................................           34.45
PT Musim Mas............................................           64.73
All Others..............................................           38.95
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Notification to Interested Parties

    This notice constitutes the CVD orders with respect to biodiesel 
from Argentina and Indonesia, pursuant to section 706(a) of the Act. 
Interested parties can find a list of CVD orders currently in effect at 
http://enforcement.trade.gov/stats/iastats1.html.
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    \6\ In the final determination, Commerce found the following 
companies to be cross-owned with LDC Argentina S.A.: LDC Semillas 
S.A., Semillas del Rosario S.A.
    \7\ In the final determination, Commerce found the following 
companies to be cross-owned with Vicentin S.A.I.C.: Oleaginosa San 
Lorenzo S.A., Los Amores S.A.
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    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: December 28, 2017.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

Scope of the Orders

    The product covered by these orders is biodiesel, which is a 
fuel comprised of mono-alkyl esters of long chain fatty acids 
derived from vegetable oils or animal fats, including biologically-
based waste oils or greases, and other biologically-based oil or fat 
sources. These orders cover biodiesel in pure form (B100) as well as 
fuel mixtures containing at least 99 percent biodiesel by volume 
(B99). For fuel mixtures containing less than 99 percent biodiesel 
by volume, only the biodiesel component of the mixture is covered by 
the scope of these orders.
    Biodiesel is generally produced to American Society for Testing 
and Materials International (ASTM) D6751 specifications, but it can 
also be made to other specifications. Biodiesel commonly has one of 
the following Chemical Abstracts Service (CAS) numbers, generally 
depending upon the feedstock used: 67784-80-9 (soybean oil

[[Page 523]]

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. 2017-28480 Filed 1-3-18; 8:45 am]
 BILLING CODE 3510-DS-P