Biodiesel From the Republic of Indonesia: Preliminary Affirmative Countervailing Duty Determination, 40746-40748 [2017-18167]
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40746
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
above as seating capacity permits.
Members of the public seeking to attend
the meeting in person must register at
https://bbgboardmeetingaugust2017.
eventbrite.com by 12:00 p.m. (EDT) on
August 29. For more information, please
contact BBG Public Affairs at (202) 203–
4400 or by email at pubaff@bbg.gov.
CONTACT PERSON FOR MORE INFORMATION:
Persons interested in obtaining more
information should contact Oanh Tran
at (202) 203–4545.
DEPARTMENT OF COMMERCE
Oanh Tran,
Managing Director.
SUMMARY:
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
Economic Development
Administration, Commerce.
AGENCY:
Notice and opportunity for
public comment.
ACTION:
Pursuant to section 251 of the
Trade Act 1974, as amended, the
Economic Development Administration
(EDA) has received petitions for
[FR Doc. 2017–18310 Filed 8–24–17; 4:15 pm]
BILLING CODE 8610–01–P
certification of eligibility to apply for
Trade Adjustment Assistance from the
firms listed below. Accordingly, EDA
has initiated investigations to determine
whether increased imports into the
United States of articles like or directly
competitive with those produced by
each of these firms contributed
importantly to the total or partial
separation of the firm’s workers, or
threat thereof, and to a decrease in sales
or production of each petitioning firm.
SUPPLEMENTARY INFORMATION:
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
[7/27/2017 through 8/14/2017]
Firm name
Wasatch Photonics, Inc ...........
Electro-Hydraulic Automation,
Inc.
Firm address
1305 North 1000 West, Suite
120, Logan, UT 84321.
1620 Blairs Ferry Road NE.,
Cedar Rapids, IA 52402.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance for Firms Division, Room
71030, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than ten (10) calendar days
following publication of this notice.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Irette Patterson,
Program Analyst.
[FR Doc. 2017–17616 Filed 8–25–17; 8:45 am]
BILLING CODE 3510–WH–P
8/3/2017
8/7/2017
Product(s)
The firm manufactures holographic gratings, spectroscopic
instruments, and optical coherence tomography solutions.
The firm manufactures hydraulic and pneumatic power units.
The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and/or exporters of biodiesel
from the Republic of Indonesia
(Indonesia). The period of investigation
is January 1, 2016, through December
31, 2016. Interested parties are invited
to comment on this preliminary
determination.
DATES: August 28, 2017.
FOR FURTHER INFORMATION CONTACT:
Gene Calvert or Joseph Traw, 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) 482–3586 or (202) 482–6079,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Biodiesel From the Republic of
Indonesia: Preliminary Affirmative
Countervailing Duty Determination
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on April 19, 2017.1 On June 5, 2017, the
Department postponed the preliminary
determination of this investigation until
no later than August 20, 2017. However,
because August 20, 2017, falls on a
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
1 See Biodiesel from Argentina and Indonesia:
Initiation of Countervailing Duty Investigations, 82
FR 18423 (April 19, 2017) (Initiation Notice).
DEPARTMENT OF COMMERCE
International Trade Administration
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Date accepted
for
investigation
[C–560–831]
AGENCY:
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Sunday, the preliminary determination
was postponed until August 21, 2017.2
A complete description of the events
that followed the initiation of this
investigation can be found in the
Preliminary Decision Memorandum.3 A
list of topics discussed in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
The Preliminary 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, and is
available to parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. A
complete version of the Preliminary
Decision Memorandum can also be
accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
2 See Biodiesel From Argentina and Indonesia:
Postponement of Preliminary Determinations of
Countervailing Duty Investigations, 82 FR 25773
(June 5, 2017); see also Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
3 See Department Memorandum, ‘‘Decision
Memorandum for the Preliminary Affirmative
Determination of the Countervailing Duty
Investigation of Biodiesel from the Republic of
Indonesia,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\28AUN1.SGM
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
Preliminary Decision Memorandum are
identical in content.
Scope of the Investigation
The product covered by this
investigation is biodiesel from
Indonesia. A complete description of
the scope of this investigation is
included as Appendix I to this notice.
Scope Comments
In accordance with the Preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for interested parties to raise issues
regarding product coverage (i.e., scope).5
No interested party commented on the
scope of this investigation as it appeared
in the Initiation Notice.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
the Department preliminarily
determines that there is a subsidy, i.e.,
a financial contribution provided by an
‘‘authority’’ that gives rise to a benefit to
the recipient, and that the subsidy is
specific.6
Preliminary Determination and
Suspension of Liquidation
We preliminarily determine that
countervailable subsidies are being
provided with respect to the
manufacture, production, or exportation
of the subject merchandise. In
accordance with sections 703(d) and
705(c)(5)(A) of the Act, for companies
not individually examined, we apply an
‘‘all-others’’ rate, which is normally
calculated by weighting the subsidy
rates of the individually-examined
company respondents by those
companies’ exports of the subject
merchandise to the United States during
the period of investigation. Under
section 705(c)(5)(A)(i) of the Act, the
‘‘all-others’’ rate should exclude zero
and de minimis rates or any rates based
solely on the facts otherwise available
calculated for the producers/exporters
individually investigated. Neither of the
individually-examined company
respondents’ rates in in this preliminary
determination is zero, de minimis, or
based entirely on facts otherwise
available. Accordingly, in this
preliminary determination, we have
4 See Antidumping Duties; Countervailing Duties:
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice at the section, ‘‘Comments
on Scope of the Investigations.’’
6 See sections 771(5)(B) and 771(D) of the Act
(regarding financial contribution); see also section
771(5)(E) of the Act regarding benefit, and section
771(5A) of the Act regarding specificity.
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18:45 Aug 25, 2017
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40747
This summary should be limited to five
pages, including footnotes.
Pursuant to 19 CFR 351.310(c)
interested parties who wish to request a
hearing, limited to issues raised in case
and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, via ACCESS. An
electronically-filed request must be
successfully received, in its entirety, by
ACCESS by 5:00 p.m. Eastern Time,
within 30 days after the date of the
publication of this notice. Requests
should contain the party’s name,
Subsidy rate
address, and telephone number, the
Company
(percent)
number of participants, whether any
participant is a foreign national, and a
PT Musim Mas .....................
68.28
Wilmar Trading PTE Ltd. ......
41.06 list of the issues to be discussed. If a
All-Others ..............................
44.92 hearing is requested, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
In accordance with sections
703(d)(1)(B) and 703(d)(2) of the Act, we Constitution Avenue NW., Washington,
DC 20230, at a date and time to be
are directing U.S. Customs and Border
Protection (CBP) to suspend liquidation determined. Parties will be notified of
of all entries of biodiesel from Indonesia the date, time, and location of any
hearing via ACCESS. Parties should
that are entered, or withdrawn from
warehouse, for consumption, on or after confirm by telephone the date, time, and
the date of the publication of this notice location of the hearing date two days
before the scheduled date of the hearing.
in the Federal Register, and to require
a cash deposit equal to the subsidy rates U.S. International Trade Commission
indicated above.
Pursuant to section 703(f) of the Act,
Disclosure
we will notify the U.S. International
The Department intends to disclose to Trade Commission (ITC) of this
preliminary determination. In addition,
interested parties the calculations
we are making available to the ITC all
performed in connection of this
non-privileged and non-proprietary
preliminary determination within five
information relating to this
7
days of its public announcement.
investigation. We will allow the ITC
Verification
access to all privileged and business
As provided in section 782(i)(1) of the proprietary information in our files,
Act, we intend to verify the information provided the ITC confirms that it will
not disclose such information, either
submitted by the respondents prior to
publicly or under an administrative
making our final determination.
protective order, without the written
Public Comment and Request for
consent of the Assistant Secretary for
Hearing
Enforcement and Compliance.
In accordance with section 705(b)(2)
Case briefs or other written comments
of the Act, if our final determination is
may be submitted to the Assistant
affirmative,9 the ITC will make its final
Secretary for Enforcement and
determination within 45 days after the
Compliance via ACCESS no later than
Department makes its final
seven days after the date on which the
determination.
last verification report is issued in this
This determination is issued and
investigation. Rebuttal briefs, limited to
published pursuant to sections 703(f)
issues raised in case briefs, may be
and 777(i) of the Act, and 19 CFR
submitted by no later than five days
351.205(c).
after the deadline for case briefs.8 A
table of contents, list of authorities used,
9 As of the signing of this notice, the petitioner
and an executive summary of issues
(the National Biodiesel Fair Trade Coalition) had
should accompany any briefs submitted not requested that the date of the final
to the Department, pursuant to 19 CFR
determination of this investigation be aligned with
351.309(c)(2) and 19 CFR 351.309(d)(2). the date of the final determination of the
calculated the ‘‘all-others’’ rate by
weight averaging the calculated subsidy
rates of the two individually examined
company respondents. In order to
ensure that business proprietary
information is not disclosed through the
all-others rate, we are using a weighted
average of the publicly-ranged
information provided by Musim Mas
and Wilmar Trading for their sales of
subject merchandise to the United
States during the POI. The Department
preliminarily determines that the
following estimated countervailable
subsidy rates exist:
7 See
19 CFR 351.224(b).
19 CFR 351.309; see also 19 CFR 351.303
for general filing requirements.
8 See
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
companion antidumping investigation, pursuant to
section 705(a)(1) of the Act. Therefore, the current
date for the final determination of this investigation
is 75 days from the signature of this preliminary
determination, November 6, 2017.
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40748
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
Dated: August 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. New Subsidy Allegation
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of All-Others Rate
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
Appendix I—List of Additional Companies
Preliminarily Found to be Cross-Owned with
Musim Mas and Intibenua
Appendix II—List of Additional
Companies Preliminarily Found to be CrossOwned with Wilmar Trading
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Appendix II—Scope of the Investigation
The product covered by this investigation
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. This investigation 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 this investigation.
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 this
investigation 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.
[FR Doc. 2017–18167 Filed 8–25–17; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–357–821]
Biodiesel From Argentina: Preliminary
Affirmative Countervailing Duty
Determination and Preliminary
Affirmative Critical Circumstances
Determination, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of biodiesel
from Argentina. The period of
investigation is January 1, 2016, through
December 31, 2016.
DATES: August 28, 2017.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum-Page or Kathryn Wallace, 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) 482–0197 or (202) 482–6251,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on April 19, 2017.1 On June 5, 2017, the
Department postponed the preliminary
determination of this investigation to
August 20, 2017. However, because
August 20, 2017, falls on a Sunday, the
preliminary determination was
postponed until August 21, 2017.2 A
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
1 See Biodiesel from Argentina and Indonesia:
Initiation of Countervailing Duty Investigations, 82
FR 18423 (April 19, 2017) (Initiation Notice).
2 See Biodiesel from Argentina and Indonesia:
Postponement of Preliminary Determinations of
Antidumping Duty Investigations, 82 FR 25773
(June 5, 2017); see also Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Biodiesel from
Argentina,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
II to this notice. The Preliminary
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, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is biodiesel from
Argentina. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage, (i.e., scope).5 No
interested party commented on the
scope of the investigation as it appeared
in the Initiation Notice.
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
In making these findings, the
Department relied, in part, on facts
available and, because one or more
respondents did not act to the best of
their ability to respond to the
Department’s requests for information,
an adverse inference was drawn, where
appropriate, in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
E:\FR\FM\28AUN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Notices]
[Pages 40746-40748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18167]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-831]
Biodiesel From the Republic of Indonesia: Preliminary Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and/or exporters of biodiesel from the Republic of Indonesia
(Indonesia). The period of investigation is January 1, 2016, through
December 31, 2016. Interested parties are invited to comment on this
preliminary determination.
DATES: August 28, 2017.
FOR FURTHER INFORMATION CONTACT: Gene Calvert or Joseph Traw, 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) 482-3586 or (202) 482-6079,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on April 19,
2017.\1\ On June 5, 2017, the Department postponed the preliminary
determination of this investigation until no later than August 20,
2017. However, because August 20, 2017, falls on a Sunday, the
preliminary determination was postponed until August 21, 2017.\2\ A
complete description of the events that followed the initiation of this
investigation can be found in the Preliminary Decision Memorandum.\3\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix II to this notice. The Preliminary 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, and is available to
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. A complete version of the Preliminary Decision
Memorandum can also be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
[[Page 40747]]
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Biodiesel from Argentina and Indonesia: Initiation of
Countervailing Duty Investigations, 82 FR 18423 (April 19, 2017)
(Initiation Notice).
\2\ See Biodiesel From Argentina and Indonesia: Postponement of
Preliminary Determinations of Countervailing Duty Investigations, 82
FR 25773 (June 5, 2017); see also Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
\3\ See Department Memorandum, ``Decision Memorandum for the
Preliminary Affirmative Determination of the Countervailing Duty
Investigation of Biodiesel from the Republic of Indonesia,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is biodiesel from
Indonesia. A complete description of the scope of this investigation is
included as Appendix I to this notice.
Scope Comments
In accordance with the Preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for interested parties
to raise issues regarding product coverage (i.e., scope).\5\ No
interested party commented on the scope of this investigation as it
appeared in the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties: Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice at the section, ``Comments on Scope of
the Investigations.''
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, the Department preliminarily determines that there is
a subsidy, i.e., a financial contribution provided by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and 771(D) of the Act (regarding
financial contribution); see also section 771(5)(E) of the Act
regarding benefit, and section 771(5A) of the Act regarding
specificity.
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation
We preliminarily determine that countervailable subsidies are being
provided with respect to the manufacture, production, or exportation of
the subject merchandise. In accordance with sections 703(d) and
705(c)(5)(A) of the Act, for companies not individually examined, we
apply an ``all-others'' rate, which is normally calculated by weighting
the subsidy rates of the individually-examined company respondents by
those companies' exports of the subject merchandise to the United
States during the period of investigation. Under section
705(c)(5)(A)(i) of the Act, the ``all-others'' rate should exclude zero
and de minimis rates or any rates based solely on the facts otherwise
available calculated for the producers/exporters individually
investigated. Neither of the individually-examined company respondents'
rates in in this preliminary determination is zero, de minimis, or
based entirely on facts otherwise available. Accordingly, in this
preliminary determination, we have calculated the ``all-others'' rate
by weight averaging the calculated subsidy rates of the two
individually examined company respondents. In order to ensure that
business proprietary information is not disclosed through the all-
others rate, we are using a weighted average of the publicly-ranged
information provided by Musim Mas and Wilmar Trading for their sales of
subject merchandise to the United States during the POI. The Department
preliminarily determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
PT Musim Mas............................................ 68.28
Wilmar Trading PTE Ltd.................................. 41.06
All-Others.............................................. 44.92
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and 703(d)(2) of the Act,
we are directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of biodiesel from Indonesia that are
entered, or withdrawn from warehouse, for consumption, on or after the
date of the publication of this notice in the Federal Register, and to
require a cash deposit equal to the subsidy rates indicated above.
Disclosure
The Department intends to disclose to interested parties the
calculations performed in connection of this preliminary determination
within five days of its public announcement.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
Public Comment and Request for Hearing
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance via ACCESS no later
than seven days after the date on which the last verification report is
issued in this investigation. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted by no later than five days after the
deadline for case briefs.\8\ A table of contents, list of authorities
used, and an executive summary of issues should accompany any briefs
submitted to the Department, pursuant to 19 CFR 351.309(c)(2) and 19
CFR 351.309(d)(2). This summary should be limited to five pages,
including footnotes.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 for general
filing requirements.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c) interested parties who wish to
request a hearing, limited to issues raised in case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, via ACCESS. An
electronically-filed request must be successfully received, in its
entirety, by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of the publication of this notice. Requests should contain the
party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a hearing is requested, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a date
and time to be determined. Parties will be notified of the date, time,
and location of any hearing via ACCESS. Parties should confirm by
telephone the date, time, and location of the hearing date two days
before the scheduled date of the hearing.
U.S. International Trade Commission
Pursuant to section 703(f) of the Act, we will notify the U.S.
International Trade Commission (ITC) of this preliminary determination.
In addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative,\9\ the ITC will make its final
determination within 45 days after the Department makes its final
determination.
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\9\ As of the signing of this notice, the petitioner (the
National Biodiesel Fair Trade Coalition) had not requested that the
date of the final determination of this investigation be aligned
with the date of the final determination of the companion
antidumping investigation, pursuant to section 705(a)(1) of the Act.
Therefore, the current date for the final determination of this
investigation is 75 days from the signature of this preliminary
determination, November 6, 2017.
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This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
[[Page 40748]]
Dated: August 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. New Subsidy Allegation
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of All-Others Rate
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
Appendix I--List of Additional Companies Preliminarily Found to
be Cross-Owned with Musim Mas and Intibenua
Appendix II--List of Additional Companies Preliminarily Found to
be Cross-Owned with Wilmar Trading
Appendix II--Scope of the Investigation
The product covered by this investigation 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. This investigation 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 this investigation.
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 this investigation 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.
[FR Doc. 2017-18167 Filed 8-25-17; 8:45 am]
BILLING CODE 3510-DS-P
