[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39223-39224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12827]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-820, C-357-821, A-560-830, C-560-831]


Biodiesel From Argentina and Indonesia: Continuation of 
Antidumping Duty Orders and Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders and countervailing 
duty (CVD) orders on biodiesel from Argentina and Indonesia would 
likely lead to the continuation or recurrence of dumping, and 
countervailable subsidies, and material injury to an industry in the 
United States, Commerce is publishing a notice of continuation of these 
AD and CVD orders.

DATES: Applicable June 8, 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, and April 26, 2018, Commerce published in the Federal 
Register the AD and CVD orders on biodiesel from Argentina and India, 
respectively.\1\ On December 1, 2022, the ITC instituted,\2\ and 
Commerce initiated,\3\ the first sunset review of the Orders, pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a 
result of its reviews, Commerce determined that revocation of the 
Orders would likely lead to the continuation or recurrence of dumping 
and countervailable subsidies, and therefore, notified the ITC of the 
magnitude of the margins of dumping and subsidy rates likely to prevail 
should the Orders be revoked.\4\
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    \1\ See Biodiesel from the Republic of Argentina and the 
Republic of Indonesia: Countervailing Duty Orders, 83 FR 522 
(January 4, 2018), and Biodiesel from the Republic of Argentina and 
the Republic of Indonesia: Antidumping Duty Orders, 83 FR 18278 
(April 26, 2018) (collectively, Orders); see also Biodiesel from the 
Republic of Argentina and the Republic of Indonesia: Countervailing 
Duty Orders, 83 FR 3114 (January 23, 2018) (correction to the CVD 
order).
    \2\ See Biodiesel from Argentina and Indonesia; Institution of 
Five-Year Reviews, 87 FR 73781 (December 1, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 
(December 1, 2022).
    \4\ See Biodiesel from Argentina and Indonesia: Final Results of 
Expedited Sunset Reviews of the Antidumping Duty Orders, 88 FR 19920 
(April 4, 2023), and accompanying Issues and Decision Memorandum 
(IDM) and Biodiesel from Argentina and Indonesia: Final Results of 
Expedited First Sunset Reviews of the Countervailing Duty Orders, 88 
FR 20130 (April 5, 2023), and accompanying IDM.
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    On June 8, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Biodiesel from Argentina and Indonesia, 88 FR 37579 
(June 8, 2023) (ITC Final Determination).
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Scope of the Orders

    The product covered by the 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. The 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 the 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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act, Commerce hereby orders the continuation of the Orders. U.S. 
Customs and Border Protection will continue to collect AD and CVD cash 
deposits at the rates in effect at the time

[[Page 39224]]

of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be June 
8, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of the Orders not later than 30 days prior to fifth anniversary of the 
date of the last determination by the Commission.
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    \6\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final 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(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
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

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: June 9, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12827 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P