[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 19920-19921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06923]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Biodiesel From Argentina and Indonesia: Final Results of 
Expedited Sunset Reviews of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, the Department 
of Commerce (Commerce) finds that revocation of the antidumping duty 
(AD) orders on biodiesel from Argentina and Indonesia would be likely 
to lead to continuation or recurrence of dumping at the levels 
indicated in the ``Final Results of Review'' section of this notice.

DATES: Applicable April 4, 2023.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482-5255.

SUPPLEMENTARY INFORMATION: 

Background

    On December 1, 2022, Commerce published the notice of initiation of 
the sunset review of the AD orders on biodiesel from Argentina and 
Indonesia,\1\ pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On December 16, 2022, Commerce received a notice 
of intent to participate from the domestic interested party \3\ for 
both of the Orders in accordance with 19 CFR 351.218(d)(1)(i).\4\ The 
domestic

[[Page 19921]]

interested party claimed domestic interested party status under section 
771(9)(F) of the Act, as an association a majority of whose members are 
manufacturers of domestic like product in the United States.\5\ On 
January 3, 2023, the domestic interested party submitted a timely 
substantive response for both sunset reviews within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i).\6\ Commerce did not receive a 
substantive response from any other interested parties with respect to 
the Orders covered by these sunset reviews. On January 25, 2023, 
Commerce notified the U.S. International Trade Commission that it did 
not receive an adequate substantive response from respondent interested 
parties in either of these sunset reviews.\7\ As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted expedited (120-day) sunset reviews of these Orders.
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    \1\ See Biodiesel from Argentina and Indonesia: Antidumping Duty 
Orders, 83 FR 18278 (April 26, 2018) (Orders).
    \2\ See Initiation of Five-Year (Sunset) Review, 87 FR 73757 
(December 1, 2022).
    \3\ The domestic interested party is the Clean Fuels Alliance 
Fair Trade Coalition (the Coalition). The Coalition consists of the 
following members: Ag Processing Inc. a Cooperative; Archer Daniels 
Midland Company; Clean Fuels Alliance Fair Trade Coalition; Cape Cod 
Biofuels; Clean Fuels Alliance America; Crimson Renewable Energy LP; 
Iowa Renewable Energy; LLC, Kolmar Americas, Inc.; Lake Erie 
Biofuels dba HERO BX, Minnesota Soybean Processors, Renewable 
Biofuels, LLC; Renewable Energy Group, Inc.; Seaboard Energy, Inc.; 
Thumb BioEnergy LLC; Western Dubuque Biodiesel, LLC; Western Iowa 
Energy, LLC; and World Energy, LLC.
    \4\ See Domestic Interested Party's Letters, ``Five-Year 
(``Sunset'') Review of Antidumping and Countervailing Duty Orders on 
Biodiesel from Argentina: Notice of Intent to Participate,'' dated 
December 16, 2022; and ``Five-Year (``Sunset'') Review of 
Antidumping and Countervailing Duty Orders on Biodiesel from 
Indonesia: Notice of Intent to Participate,'' dated December 16, 
2022.
    \5\ Id.
    \6\ See Domestic Interested Party's Letters, ``Substantive 
Response of Domestic Producers to Notice of Initiation,'' dated 
January 3, 2023 (Substantive Response Argentina); and ``Substantive 
Response of Domestic Producers to Notice of Initiation,'' dated 
January 3, 2023 (Substantive Response Indonesia).
    \7\ See Commerce's Letter, ``Sunset Reviews Initiated on 
December 2, 2022,'' dated January 25, 2023.
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Scope of the Orders

    The product covered by these Orders is biodiesel, which is a fuel 
comprised of monoalkyl 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.

Analysis of Comments Received

    All issues raised in these sunset reviews are addressed in the 
Issues and Decision Memorandum, including the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
of dumping likely to prevail if these Orders were revoked. A list of 
topics discussed in the Issues and Decision Memorandum is included as 
an appendix to this notice. 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 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx.

Final Results of Sunset Reviews

    Pursuant to sections 751(c) and 752(c) of the Act, Commerce 
determines that revocation of the Orders would be likely to lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail would be weighted-average margins of 
up to 86.23 percent for Argentina and up to 276.65 percent for 
Indonesia.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely notification of the 
destruction of APO materials or conversion to judicial protective 
orders is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 
351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

    Dated: March 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2023-06923 Filed 4-3-23; 8:45 am]
BILLING CODE 3510-DS-P