[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20130-20131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07040]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

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


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

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

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

DATES: Applicable April 5, 2023.

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, 2018, Commerce published the CVD orders on biodiesel 
from Argentina and Indonesia.\1\ On March 1, 2022, Commerce published 
the notice of initiation of the first sunset reviews of the Orders, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ Commerce received a timely notice of intent to participate 
from Clean Fuels Alliance Fair Trade Coalition \3\ (Coalition) (the

[[Page 20131]]

domestic interested party) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\4\ The domestic interested party claimed interested 
party status under section 771(9)(F) of the Act, as an association, a 
majority of whose members are manufacturers, producers, or wholesalers 
of a domestic like product in the United States.
---------------------------------------------------------------------------

    \1\ See Biodiesel from the Republic of Argentina and the 
Republic of Indonesia: Countervailing Duty Orders, 83 FR 522 
(January 4, 2018) (Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416 
(March 1, 2022).
    \3\ The Coalition members are: Clean Fuels Alliance America; Ag 
Processing Inc. a cooperative; Kolmar Americas, Inc.; Archer Daniels 
Midland Company; Cape Cod Biofuels; Crimson Renewable Energy LP; 
Minnesota Soybean Processors; Seaboard Energy, Inc.; Iowa Renewable 
Energy, LLC; Lake Erie Biofuels dba HERO BX; Renewable Biofuels, 
LLC; Renewable Energy Group, Inc.; Western Dubuque Biodiesel, LLC; 
Western Iowa Energy, LLC; World Energy, LLC; and Thumb BioEnergy 
LLC.
    \4\ See Domestic Interested Party's Letter, ``Five-Year 
(``Sunset'') Review of Antidumping and Countervailing Duty Orders on 
Biodiesel from Argentina: Notice of Intent to Participate,'' dated 
December 16, 2022; see also Domestic Interested Party's Letter, 
``Five-Year (``Sunset'') Review of Antidumping and Countervailing 
Duty Orders on Biodiesel from Indonesia: Notice of Intent to 
Participate,'' dated December 16, 2022.
---------------------------------------------------------------------------

    Commerce received a substantive response from the domestic 
interested party within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\5\ Commerce received no substantive response from any 
other interested parties in these proceedings. On January 25, 2023, 
Commerce notified the U.S. International Trade Commission that it did 
not receive adequate substantive responses from any respondent 
interested party in these proceedings.\6\ As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce determined that the respondent interested party did not 
provide an adequate response to the notice of initiation and, 
therefore, Commerce conducted an expedited (120-day) sunset review of 
the Orders.
---------------------------------------------------------------------------

    \5\ See Domestic Interested Party's Letters, ``Biodiesel from 
Argentina: Substantive Response of the Clean Fuels Alliance Fair 
Trade Coalition to Commerce's Notice of Initiation of the First Five 
Year (``Sunset'') Review of the Countervailing Duty Order,'' dated 
January 3, 2023 (Domestic Interested Party's Argentina Substantive 
Response); and ``Biodiesel from Indonesia: Substantive Response of 
the Clean Fuels Alliance Fair Trade Coalition to Commerce's Notice 
of Initiation of the First Five Year (``Sunset'') Review of the 
Countervailing Duty Order,'' dated January 3, 2023 (Domestic 
Interested Party's Indonesia Substantive Response).
    \6\ See Commerce's Letter, ``Sunset Reviews Initiated December 
1, 2022,'' dated January 25, 2023.
---------------------------------------------------------------------------

Scope of the Orders

    The product covered by the Orders is biodiesel from Argentina and 
Indonesia. For a complete description of the scope of the Orders, see 
the Issues and Decision Memoranda.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited First Sunset Review of the Countervailing Duty Order on 
Biodiesel from Argentina,'' dated concurrently with, and hereby 
adopted by, this notice; see also Issues and Decision Memorandum for 
the Expedited First Sunset Review of the Countervailing Duty Order 
on Biodiesel from Indonesia,'' dated concurrently with, and hereby 
adopted by, this notice (collectively, Issues and Decision 
Memoranda).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in these sunset reviews are addressed in the 
Issues and Decision Memoranda. A list of topics discussed in each 
Issues and Decision Memoranda is included as the appendix to this 
notice. The Issues and Decision Memoranda are public documents and are 
on file electronically via the 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, complete versions of the Issues and Decision Memoranda can be 
accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the CVD order on biodiesel from Argentina 
would be likely to lead to continuation or recurrence of 
countervailable subsidies at the following rates:
---------------------------------------------------------------------------

    \8\ In the final determination of the CVD investigation, 
Commerce found the following companies to be cross-owned with LDC 
Argentina S.A.: LDC Semillas S.A. and Semillas del Rosario S.A. See 
Orders, 83 FR at 522.
    \9\ In the final determination of the CVD investigation, 
Commerce found the following companies to be cross-owned with 
Vicentin S.A.I.C.: Oleaginosa San Lorenzo S.A. and Los Amores S.A. 
See Orders, 83 FR at 522.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
LDC Argentina S.A \8\...................................           72.28
Vicentin S.A.I.C \9\....................................           71.45
All Others..............................................           71.87
------------------------------------------------------------------------

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the CVD order on biodiesel from Indonesia 
would be likely to lead to continuation or recurrence of 
countervailable subsidies at the following rates:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Wilmar Trading Co., Ltd.................................           34.45
PT Musim Mas............................................           64.73
All Others..............................................           38.95
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective order 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

    Commerce is issuing and publishing the final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act, and 19 CFR 351.218(e)(1)(ii)(C)(2).

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

Appendix

List of Topics Discussed in the Issues and Decision Memoranda

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Countervailable 
Subsidies
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-07040 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P