Biodiesel From the Republic of Indonesia: Preliminary Affirmative Countervailing Duty Determination, 40746-40748 [2017-18167]

Download as PDF 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: VerDate Sep<11>2014 18:45 Aug 25, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 http://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 http:// 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 28AUN1 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. VerDate Sep<11>2014 18:45 Aug 25, 2017 Jkt 241001 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. E:\FR\FM\28AUN1.SGM 28AUN1 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 VerDate Sep<11>2014 18:45 Aug 25, 2017 Jkt 241001 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 http:// 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 http://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 28AUN1

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]


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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 http://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 http://enforcement.trade.gov/frn/. The signed and electronic versions of the

[[Page 40747]]

Preliminary Decision Memorandum are identical in content.
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    \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\
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    \7\ See 19 CFR 351.224(b).
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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