[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Notices]
[Pages 18278-18279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08775]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-820 and A-560-830]


Biodiesel From Argentina and Indonesia: Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty (AD) orders on biodiesel from 
Argentina and Indonesia.

DATES: Applicable April 26, 2018.

FOR FURTHER INFORMATION CONTACT: David Lindgren (Argentina) or Myrna 
Lobo (Indonesia); AD/CVD Operations, Office VII, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-3870, or (202) 482-2371, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 735(d) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.210(c), on March 1, 2018, Commerce 
published its affirmative final determinations in the less-than-fair-
value (LTFV) investigations of biodiesel from Argentina and 
Indonesia.\1\ On April 16, 2018, the ITC notified Commerce of its 
affirmative final determination, pursuant to section 735(d) of the Act, 
that an industry in the United States is materially injured within the 
meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV 
imports of biodiesel from Argentina and Indonesia, and its 
determination that critical circumstances do not exist with respect to 
imports of biodiesel from Argentina subject to Commerce's affirmative 
critical circumstances determination.\2\ On April 19, 2018, the ITC 
published its final determination in the Federal Register.\3\
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    \1\ See Biodiesel from Argentina: Final Determination of Sales 
at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances, In Part, 83 FR 8837 (March 1, 2018) 
(Argentina Final Determination); see also Biodiesel from Indonesia: 
Final Determination of Sales at Less Than Fair Value, 83 FR 8835 
(March 1, 2018) (Indonesia Final Determination).
    \2\ See Letter from the ITC to the Honorable Gary Taverman, 
dated April 16, 2018 (Notification of ITC Final Determination); see 
also Biodiesel from Argentina and Indonesia, Investigation Nos. 731-
TA-1347-1348 (Final) (April 2018).
    \3\ See Biodiesel from Argentina and Indonesia; Determinations, 
83 FR 17447 (April 19, 2018).
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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.

Antidumping Duty Orders

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC notified Commerce of its final determination that an industry 
in the United States is materially injured by reason of imports of 
biodiesel from Argentina and Indonesia.\4\ The ITC also notified 
Commerce of its determination that critical circumstances do not exist 
with respect to imports of biodiesel from Argentina subject to 
Commerce's critical circumstances finding.\5\ Therefore, in accordance 
with section 735(c)(2) of the Act, Commerce is issuing these AD orders.
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    \4\ See Notification of ITC Final Determination.
    \5\ Id.
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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 antidumping duties. Therefore, in accordance with section 736(a)(1) 
of the Act, Commerce will direct U.S. Customs and Border Protection 
(CBP) to assess, upon further instruction by Commerce, antidumping 
duties equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of biodiesel from Argentina and 
Indonesia. Antidumping duties will be assessed on unliquidated entries 
of biodiesel from Argentina and Indonesia entered, or withdrawn from 
warehouse for consumption, on or after October 31, 2017, the date on 
which

[[Page 18279]]

Commerce published its preliminary determinations in the Federal 
Register.\6\
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    \6\ See Biodiesel from Argentina: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, In Part, 82 FR 
50391 (October 31, 2017); Biodiesel from Indonesia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 82 FR 
50379 (October 31, 2017).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct CBP to continue to suspend liquidation of all relevant entries 
of biodiesel from Argentina and Indonesia. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits for 
estimated antidumping duties equal to the estimated cash deposit rates 
indicated below. Accordingly, effective the date of publication of the 
ITC's final affirmative injury determination, CBP will require, at the 
same time as importers would normally deposit estimated duties on the 
subject merchandise, a cash deposit equal to the cash deposit rates 
listed below.\7\ The all-others rates apply to producers or exporters 
not specifically listed, as appropriate.
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    \7\ See section 736(a)(3) of the Act.
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination regarding imports of biodiesel from Argentina, Commerce 
will instruct CBP to lift suspension and refund any cash deposits made 
to secure payment of estimated antidumping duties on subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after August 2, 2017, (i.e., 90 days prior to the date of publication 
of the Argentina preliminary determination), but before October 31, 
2017, (i.e., the date of publication of the Argentina preliminary 
determination).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average AD margins and cash deposit rates 
are as follows:
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    \8\ Commerce determined that Vicentin S.A.I.C., and companies 
Renova S.A., Oleaginosa Moreno Hermanos S.A., Molinos Agro S.A., 
Patagonia Energia S.A., VFG Inversiones y Actividades Especiales 
S.A., Vicentin S.A.I.C. Sucursal Uy, Trading Company X, and Molinos 
Overseas Commodities S.A. are affiliated and should be treated as a 
single entity. See Argentina Final Determination, 83 FR at 8838 n.8.
    \9\ There were no export subsidies that were countervailed in 
the concurrent countervailing duty investigation.

------------------------------------------------------------------------
                                                        Estimated cash
                                                         deposit rate
    Exporters/producers from       Estimated margin      (adjusted for
            Argentina                  (percent)      subsidy offset(s))
                                                           (percent)
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LDC Argentina S.A...............               60.44               60.44
Vicentin S.A.I.C.\8\............               86.41               86.23
All Others......................               74.73               74.63
------------------------------------------------------------------------
    Exporters/producers from
            Indonesia                 Estimated margin (percent) \9\
------------------------------------------------------------------------
Wilmar Trading PTE Ltd..........                   92.52
PT Musim Mas....................                  276.65
All Others......................                   92.52
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the AD orders with respect to biodiesel 
from Argentina and Indonesia, pursuant to section 736(a) of the Act. 
Interested parties can find a list of AD orders currently in effect at 
http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: April 20, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

Scope of the Orders

    The product covered by these orders is biodiesel, which is a 
fuel comprised of mono-alkyl esters of long chain fatty acids 
derived from vegetable oils or animal fats, including biologically-
based waste oils or greases, and other biologically-based oil or fat 
sources. These orders cover biodiesel in pure form (B100) as well as 
fuel mixtures containing at least 99 percent biodiesel by volume 
(B99). For fuel mixtures containing less than 99 percent biodiesel 
by volume, only the biodiesel component of the mixture is covered by 
the scope of these orders.
    Biodiesel is generally produced to American Society for Testing 
and Materials International (ASTM) D6751 specifications, but it can 
also be made to other specifications. Biodiesel commonly has one of 
the following Chemical Abstracts Service (CAS) numbers, generally 
depending upon the feedstock used: 67784-80-9 (soybean oil methyl 
esters); 91051-34-2 (palm oil methyl esters); 91051-32-0 (palm 
kernel oil methyl esters); 73891-99-3 (rapeseed oil methyl esters); 
61788-61-2 (tallow methyl esters); 68990-52-3 (vegetable oil methyl 
esters); 129828-16-6 (canola oil methyl esters); 67762-26-9 
(unsaturated alkylcarboxylic acid methyl ester); or 68937-84-8 
(fatty acids, C12-C18, methyl ester).
    The B100 product subject to the orders is currently classifiable 
under subheading 3826.00.1000 of the Harmonized Tariff Schedule of 
the United States (HTSUS), while the B99 product is currently 
classifiable under HTSUS subheading 3826.00.3000. Although the HTSUS 
subheadings, ASTM specifications, and CAS numbers are provided for 
convenience and customs purposes, the written description of the 
scope is dispositive.

[FR Doc. 2018-08775 Filed 4-25-18; 8:45 am]
 BILLING CODE 3510-DS-P