[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 27989-27991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10128]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-820]
Biodiesel From Argentina: Final Results of Antidumping Duty
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 9, 2019, the Department of Commerce (Commerce)
published the preliminary results of the changed circumstances review
(CCR) of the antidumping duty (AD) order on biodiesel from Argentina.
For these final results, Commerce continues to find that there are
insufficient changed circumstances to warrant any revisions under the
AD order.
DATES: Applicable May 12, 2020.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On April 26, 2018, Commerce published the AD order on biodiesel
from Argentina.\1\ On November 13, 2018, in response to a request
submitted by the Government of Argentina (GOA), joined by Vicentin
S.A.I.C. (Vicentin) and LDC Argentina (LDC), Commerce initiated a CCR
for both the AD and countervailing duty (CVD) orders.\2\ Commerce
exercised its discretion to toll all deadlines affected by the partial
federal government closure from December 22, 2018 through the
resumption of operations on January 29, 2019.\3\ On July 1, 2019,
Commerce issued the Preliminary Results and placed additional
information on the record of the CCR, pursuant to 19 CFR
351.301(c)(4).\4\ Commerce preliminarily found that the ``particular
market situation'' regarding the price of soybeans as an element of the
cost of production of biodiesel in Argentina still existed,\5\ and that
no changes under the AD order were warranted as a result of the changed
circumstances presented by the GOA. In accordance with 19 CFR 351.309,
Commerce invited parties to comment on the Preliminary Results. On July
5, 2019, Commerce provided interested parties until July 12, 2019 to
place additional information on the record in order to ``rebut,
clarify, or correct'' the information placed on the record by
Commerce.\6\
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\1\ See Biodiesel from the Republic of Argentina and Indonesia:
Antidumping Duty Orders, 83 FR 18279 (April 26, 2018) (Order).
\2\ See Biodiesel from Argentina: Initiation of Changed
Circumstances Reviews of the Antidumping and Countervailing Duty
Orders, 83 FR 56300 (November 13, 2018).
\3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019.
\4\ See Biodiesel from Argentina: Preliminary Results of Changed
Circumstances Reviews of the Antidumping and Countervailing Duty
Orders, 84 FR 32714 (July 9, 2019) (Preliminary Results); see also
Memorandum, ``Additional Information Concerning the Preliminary
Changed Circumstances Reviews of Biodiesel,'' dated July 1, 2019.
\5\ See Preliminary Results, 84 FR at 32716-17.
\6\ See Memorandum, ``Additional Information Concerning the
Preliminary Changed Circumstances Reviews of Biodiesel,'' dated July
5, 2019.
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On July 12, 2019, the National Biodiesel Board Fair Trade Coalition
(the petitioner), and LDC and Vicentin submitted additional factual
information.\7\ On August 2, 2019,
[[Page 27990]]
Commerce put a hold on the deadlines for case and rebuttal briefs.\8\
On September 5, 2019, Commerce reinstated deadlines for case and
rebuttal briefs.\9\
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\7\ See Petitioner's Letter, ``Biodiesel from Argentina: Factual
Information Pursuant to 19 CFR 301(c)(4),'' dated July 12, 2019; see
also LDC Argentina and Vicentin's Letter, ``Biodiesel from
Argentina: Additional Information Concerning the Preliminary Changed
Circumstances Reviews of Biodiesel,'' dated July 12, 2019.
\8\ See Memorandum, ``Changed Circumstances Reviews of the
Antidumping and Countervailing Duty Orders on Biodiesel from
Argentina: Holding of Deadlines,'' dated August 2, 2019.
\9\ See Memorandum, ``Changed Circumstances Reviews of the
Antidumping and Countervailing Duty Orders on Biodiesel from
Argentina: Publication of Verification Report and Reinstatement of
Deadlines,'' dated September 5, 2019.
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On September 11, 2019, the petitioner requested an indefinite
suspension of the deadlines for briefs and the final determination.\10\
On September 12, 2019, the GOA responded, stating that a short
extension of the deadlines would be acceptable.\11\ On September 12,
2019, Commerce issued a short extension of the deadlines.\12\ The
petitioner and the GOA submitted case briefs on September 17, 2019.\13\
On September 23, 2019, the petitioner and the GOA submitted rebuttal
briefs.\14\
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\10\ See Petitioner's Letter, ``Biodiesel from Argentina:
Request for Meeting and Extension of Briefing Schedule,'' dated
September 11, 2019.
\11\ See GOA's Letter, ``Biodiesel from Argentina: Response from
the GOA to Petitioner's Request for Meeting and Extension of
Briefing Schedule,'' dated September 12, 2019.
\12\ See Memorandum, ``Changed Circumstances Reviews of the
Antidumping and Countervailing Duty Orders on Biodiesel from
Argentina: Deadline for Case and Rebuttal Briefs and Hearing
Requests; Rejection of New Factual Information,'' dated September
12, 2019.
\13\ See Petitioner's Case Brief, ``Biodiesel from Argentina:
Petitioner's Case Brief,'' dated September 17, 2019 (Petitioner's
Case Brief); see also GOA's Case Brief, ``Biodiesel from Argentina
Changed Circumstances Review: Government of Argentina Case Brief and
Statement with Respect to Public Hearing,'' dated September 17, 2019
(GOA's Case Brief).
\14\ See Petitioner's Rebuttal Brief, ``Biodiesel from
Argentina: Rebuttal Brief on Behalf of the National Biodiesel Board
Fair Trade Coalition,'' dated September 23, 2019 (Petitioner's
Rebuttal Brief); see also GOA's Rebuttal Brief, ``Biodiesel from
Argentina: Rebuttal Brief in AD Changed Circumstances Review,''
dated September 23, 2019 (GOA's Rebuttal Brief).
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On October 16, 2019, Commerce placed additional factual information
on the record of this proceeding.\15\ In response, the petitioner
placed additional factual information on the record on October 24,
2019.\16\ Between the time Commerce released its Preliminary Results
and the publication of these final results, Commerce has held numerous
phone calls and meetings with parties.\17\
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\15\ See Memorandum, ``Ex Parte Meeting with the National
Biodiesel Board and the American Soybean Association,'' dated
October 16, 2019.
\16\ See Petitioner's Letter, ``Biodiesel from Argentina:
Petitioners' Submission to Rebut, Clarify, or Correct Information
Placed on the Record,'' dated October 24, 2019.
\17\ Memorandum, ``Email Exchange with Governor Kim Reynolds,''
dated July 16, 2019, Memorandum, ``Ex Parte Discussion with Governor
Kim Reynolds,'' dated July 25, 2019, Memorandum, ``Ex Parte
Discussion with Congressman Darin LaHood,'' dated July 25, 2019,
Memorandum, ``Ex Parte Discussion with Senator Alexander's Office,''
dated July 30, 2019, Memorandum, ``Correspondence with Minister
Dante Sica,'' dated August 15, 2019, Memorandum, ``Correspondence
with Several U.S. Senators,'' dated August 15, 2019, Memorandum,
``Ex Parte Discussions with the Government of Argentina,'' dated
August 28, 2019, Memorandum, ``Ex Parte Discussion with National
Biodiesel Board,'' dated September 12, 2019, Memorandum, ``Ex Parte
Meeting with Senator Grassley's Staff Regarding Biodiesel Changed
Circumstances Reviews,'' dated September 27, 2019, Memorandum, ``Ex
Parte Meeting with National Biodiesel Board,'' dated September 30,
2019, Memorandum, ``Ex Parte Meeting with the National Biodiesel
Board and the American Soybean Association,'' dated October 16,
2019, Memorandum, ``Ex Parte Meeting with the Petitioners,'' dated
October 18, 2019, Memorandum, ``Ex Parte Meeting with the Government
of Argentina,'' dated October 18, 2019, Memorandum, ``Telephone call
with Argentine Embassy Official Regarding Changed Circumstances
Reviews (CCR) of Biodiesel from Argentina,'' dated December 9, 2019,
Memorandum, ``Telephone call with Representative Darin LaHood to
discuss Changed Circumstances Review (CCR) of Biodiesel from
Argentina,'' dated November 26, 2019, Memorandum, ``Telephone call
with Senator Chuck Grassley to discuss Changed Circumstances Reviews
(CCR) of Biodiesel from Argentina,'' dated November 26, 2019,
Memorandum, ``Telephone call with Ambassador Fernando Oris de Roa to
discuss Changed Circumstances Reviews (CCR) of Biodiesel from
Argentina,'' dated December 5, 2019, Memorandum, ``Telephone call
with the National Biodiesel Board to discuss Changed Circumstances
Reviews of Biodiesel from Argentina,'' dated December 19, 2019,
Memorandum, ``Telephone call with Senator Chuck Grassley to discuss
Changed Circumstances Reviews of Biodiesel from Argentina,'' dated
December 19, 2019, and Memorandum, ``Telephone call with Congressman
Darin LaHood,'' dated March 19, 2020.
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Scope of the Order
The product covered by the Order is biodiesel from Argentina. For a
complete description of the scope of the Order, see Appendix I of this
notice.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
parties to this review in the Issues and Decision Memorandum (I&D
Memo).\18\ Attached to this notice, in Appendix II, is a list of the
issues which parties raised. The I&D Memo is a public document and on
file in the Central Records Unit (CRU), Room B8024 of the main Commerce
building, as well as 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. In addition, a complete version of the I&D Memo can
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the electronic versions of the
I&D Memo are identical in content.
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\18\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Changed Circumstances Review:
Biodiesel from Argentina,'' dated concurrently with, and hereby
adopted by, this notice.
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Final Results of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce determines that there are
insufficient changed circumstances to warrant any changes under the AD
Order.
Cash Deposit Requirements and Assessment
In light of our final results, Commerce is not issuing instructions
to U.S. Customs and Border Protection.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclose under APO in accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return/destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and terms of APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(b)(1) and 777(i) of the Act, and 19 CFR
351.216 and 19 CFR 351.222.
Dated: May 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The product covered by this order 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 order 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 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
[[Page 27991]]
(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 order 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.
Attachment II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Results of Review
IV. Discussion of the Issues
Comment 1: Relevance of the GOA's Changes after the Preliminary
Results
Comment 2: Whether Commerce Properly Initiated the CCR
Comment 3: Whether a Particular Market Situation Still Exists
V. Recommendation
[FR Doc. 2020-10128 Filed 5-11-20; 8:45 am]
BILLING CODE 3510-DS-P