[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 27987-27989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10129]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-821]


Biodiesel From Argentina: Final Results of Countervailing 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 countervailing duty (CVD) order on biodiesel from 
Argentina. For these final results, Commerce finds that sufficient 
changed circumstances do not exist warranting a recalculation of the 
CVD deposit rates in the 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 January 4, 2019, Commerce published the CVD 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 CVD and antidumping duty (AD) 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\ 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.\5\
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    \1\ See Biodiesel from the Republic of Argentina and the 
Republic of Indonesia: Countervailing Duty Orders, 83 FR 552 
(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) (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 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.\6\ On July 29, 2019, the

[[Page 27988]]

petitioner requested that Commerce conduct a verification of factual 
information.\7\ The petitioner claimed that there was ``good cause'' to 
request a verification in this CCR because the ``complexity of the 
record compel{ed{time}  a more thorough understanding of the GOA's 
recent export tax modifications.'' \8\ Recognizing that verification 
would impede Commerce's ability to meet its original September 19, 2019 
deadline, the petitioner also requested an extension of the final 
deadline.\9\ On August 2, 2019, Commerce temporarily put a hold on the 
deadlines for case and rebuttal briefs.\10\
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    \6\ 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.
    \7\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioner's Request for Verification,'' dated July 29, 2019.
    \8\ Id. at 3.
    \9\ Id. at 4-5.
    \10\ See Memorandum, ``Changed Circumstances Reviews of the 
Antidumping and Countervailing Duty Orders on Biodiesel from 
Argentina: Holding of Deadlines,'' dated August 2, 2019.
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    Commerce issued its verification agenda to the GOA on August 2, 
2019.\11\ The petitioner submitted its pre-verification comments on 
August 19, 2019.\12\ Commerce conducted its verification of the GOA on 
August 26, 2019.\13\ On September 5, 2019, Commerce released its 
verification report regarding the GOA.\14\
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    \11\ See Memorandum, ``Changed Circumstances Review of the 
Countervailing Duty Order on Biodiesel from Argentina; Verification 
of Information Submitted by the Government of Argentina,'' dated 
August 2, 2019.
    \12\ See Petitioner's Letter,'' Biodiesel from Argentina: 
Coalition's Comments Regarding Commerce's Verification of Government 
of Argentina,'' dated August 19, 2019.
    \13\ See Memorandum, ``Changed Circumstances Review of the 
Countervailing Duty Order on Biodiesel from Argentina: Verification 
Date,'' dated August 7, 2019.
    \14\ 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 5, 2019, Commerce reinstated the deadlines for case 
and rebuttal briefs.\15\ On September 11, 2019, the petitioner 
requested an indefinite suspension of the deadlines for briefs and the 
final determination.\16\ The petitioner requested that Commerce accept 
new factual information on September 11, 2019.\17\ On September 12, 
2019, the GOA responded, stating that a short extension of the 
deadlines was acceptable.\18\ On September 12, 2019, Commerce issued a 
short extension of deadlines.\19\ Commerce rejected the petitioner's 
request to include new factual information on the record on September 
18, 2019.\20\
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    \15\ 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.
    \16\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Request for Meeting and Extension of Briefing Schedule,'' dated 
September 11, 2019.
    \17\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Request to Expand Record to Include Factual Information Regarding 
Political Developments in Argentina,'' dated September 11, 2019.
    \18\ 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.
    \19\ 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.
    \20\ See Memorandum, ``Changed Circumstances Review of the 
Countervailing Duty Order on Biodiesel from Argentina: Rejection of 
Document from the Administrative Record,'' dated September 18, 2019.
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    On September 17, 2019, the petitioner requested a public hearing 
regarding the CCR.\21\ The petitioner and the GOA submitted case briefs 
on September 17, 2019.\22\ On September 23, 2019, the petitioner and 
the GOA submitted rebuttal briefs.\23\ Pursuant to the petitioner's 
request, Commerce held a public hearing on September 26, 2019.\24\
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    \21\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioner's Hearing Request,'' dated September 17, 2019.
    \22\ See Petitioner's Case Brief, ``Biodiesel from Argentina: 
Petitioner's Case Brief,'' dated September 17, 2019; 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.
    \23\ 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.
    \24\ See Hearing Transcript, ``In the Matter of: The Changed 
Circumstances Review of the Countervailing Duty Order on Biodiesel 
from Argentina,'' dated September 26, 2019.
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    On October 16, 2019, Commerce placed additional factual information 
on the record of this proceeding.\25\ In response, the petitioner 
placed additional factual information on the record on October 24, 
2019.\26\ 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.\27\
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    \25\ See Memorandum, ``Ex Parte Meeting with the National 
Biodiesel Board and the American Soybean Association,'' dated 
October 16, 2019.
    \26\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioners' Submission to Rebut, Clarify, or Correct Information 
Placed on the Record,'' dated October 24, 2019.
    \27\ 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 the appendix to 
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).\28\ 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

[[Page 27989]]

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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    \28\ 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 has determined that sufficient 
changed circumstances warranting a cash deposit adjustment do not 
exist. As explained in the I&D Memo, Argentina's export tax regime is 
in flux, leading Commerce to conclude that there are not sufficient 
changed circumstances to warrant such an adjustment. Therefore, 
Commerce is making no changes to the cash deposit rates as listed in 
the order.

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 (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 Commerce Properly Conducted the CCR
    Comment 4: Whether a Financial Contribution Still Exists
V. Recommendation
[FR Doc. 2020-10129 Filed 5-11-20; 8:45 am]
BILLING CODE 3510-DS-P