Biodiesel From the Republic of Indonesia: Final Affirmative Countervailing Duty Determination, 53471-53473 [2017-24858]

Download as PDF Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 4412.31.9100; 4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565; 4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670; 4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610; 4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235; 4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3141; 4412.94.3161; 4412.94.3175; 4412.94.4100; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5115; and 4412.99.5710. Imports of hardwood plywood may also enter under HTSUS subheadings 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000; 4412.94.5100; 4412.94.9500; and 4412.99.9500. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II—Issues and Decision Memorandum asabaliauskas on DSKBBXCHB2PROD with NOTICES I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Changes Since the Preliminary Determination VI. Critical Circumstances VII. List of Issues VIII. Discussion of Comments Comment 1: The Department’s Continued Use of AFA for Bayley Comment 2: Valuation of Raw Material (Logs) or Intermediate Input (Veneers) Comment 3: Selection of Surrogate Country Comment 4: Department’s Limited Selection of Mandatory Respondents and Denial of the FEA Group’s Request for Voluntary Respondent Status Comment 5: The Department Should Find Negative Critical Circumstances for the PRC-Wide Entity Comment 6: The Department Should Treat China as a Market Economy Comment 7: The Department Should Grant Hanbao a Separate Rate Comment 8: Moot Arguments regarding AFA to Separate Rate Applicants Comment 9: Bifurcated Briefing Schedule IX. Conclusion DEPARTMENT OF COMMERCE International Trade Administration [C–560–831] Biodiesel From the Republic of Indonesia: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that countervailable subsidies are being provided to producers and exporters of biodiesel from the Republic of Indonesia (Indonesia). The period of investigation is January 1, 2016, through December 31, 2016. DATES: Appicable November 16, 2017. FOR FURTHER INFORMATION CONTACT: Joseph Traw or Gene Calvert, 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) 482–6079 or (202) 482–3586, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on August 28, 2017.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Final Decision Memorandum.2 The Final 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 Final Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed Final Decision [FR Doc. 2017–24863 Filed 11–15–17; 8:45 am] 1 See Biodiesel From the Republic of Indonesia: Preliminary Affirmative Countervailing Duty Determination, 82 FR 40746 (August 28, 2017) (Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Biodiesel from Indonesia,’’ (Final Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 53471 Memorandum and the electronic version are identical in content. Period of Investigation The period of investigation for which we are measuring subsidies is January 1, 2016, through December 31, 2016. Scope of the Investigation The product covered by this investigation is biodiesel from Indonesia. For a complete description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix II of this notice. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs submitted by the interested parties in this proceeding, are discussed in the Final Decision Memorandum. A list of the issues raised by the parties and responded to by the Department in the Final Decision Memorandum, is attached at Appendix I to this notice. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), during September 2017, the Department verified the subsidy information reported by the Government of Indonesia, PT Musim Mas (Musim Mas), and Wilmar Trading Co., Ltd. (Wilmar Trading). We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by the respondents.3 Changes Since the Preliminary Determination Based on our analysis of the comments received from parties and the minor corrections presented, we made certain changes to the respondents’ subsidy rate calculations set forth in the Preliminary Determination. For a discussion of these changes, see the Final Decision Memorandum and the Final Calculation Memoranda.4 3 See Memorandum, ‘‘Verification of the CVD Responses of the Government of Indonesia in the Countervailing Duty Investigation of Biodiesel,’’ dated October 3, 2017; Memorandum, ‘‘Verification of the CVD Responses of Wilmar Trading Ptd. Ltd. and its Cross Owned Affiliates in the Countervailing Duty Investigation of Biodiesel,’’ dated October 2, 2017; and Memorandum, ‘‘Countervailing Duty Investigation of Biodiesel from the Republic of Indonesia: Verification of the Questionnaire Responses Submitted by PT Musim Mas,’’ dated September 28, 2017. 4 See Issues and Decision Memorandum dated concurrently with this determination; see also Wilmar Trading’s Final Calculation Memorandum, dated concurrently with this determination, and E:\FR\FM\16NON1.SGM Continued 16NON1 53472 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices All-Others Rate In accordance with section 705(c)(1)(B)(i)(I) of the Act, the Department calculated a countervailable subsidy rate for the individually investigated exporters/producers of the subject merchandise. Consistent with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act, the Department also calculated an estimated ‘‘all-others’’ rate for exporters and producers not individually investigated. Section 705(c)(5)(A)(i) of the Act provides that the ‘‘all-others’’ rate shall be an amount equal to the weighted-average of the countervailable subsidy rates established for individually investigated exporters and producers, excluding any rates that are zero or de minimis or any rates determined entirely under section 776 of the Act. In this investigation, the Department calculated individual estimated countervailable subsidy rates for Wilmar Trading and Musim Mas that are not zero, de minimis, or based entirely on facts otherwise available. Therefore, the Department calculated the all-others’ rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged values for the merchandise under consideration.5 Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we established individual estimated countervailable subsidy rates for PT Musim Mas and Wilmar Trading Co., Ltd., and their cross-owned entities. Company asabaliauskas on DSKBBXCHB2PROD with NOTICES PT Musim Mas ..................... Subsidy rate (%) 64.73 Musim Mas’s Final Calculation Memorandum, dated concurrently with this determination. 5 With two respondents under examination, the Department normally calculates: (A) A weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. The Department then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data were available, the Department based the all-others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see the All-Others’ Rate Calculation Memorandum dated concurrently with this determination. VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply Wilmar Trading Co., Ltd ....... 34.45 with the regulations and terms of an All-Others .............................. 38.95 APO is a violation subject to sanction. This determination is issued and Disclosure published pursuant to sections 705(d) and 777(i) of the Act. The Department will disclose the calculations performed within five days Dated: November 6, 2017. of the date of publication of this notice Gary Taverman, to parties in this proceeding in Deputy Assistant Secretary for Antidumping accordance with 19 CFR 351.224(b). and Countervailing Duty Operations, Company Subsidy rate (%) Continuation of Suspension of Liquidation In accordance with sections 703(d) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of biodiesel from Indonesia, which were entered, or withdrawn from warehouse, for consumption on or after August 28, 2017, the date of publication of the Preliminary Determination. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of countervailable subsidies. Because the final determination in this proceeding is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of biodiesel from Indonesia no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue a CVD order directing CBP to assess, upon further instruction by the Department, countervailing duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders In the event the ITC issues a final negative injury determination, this notice serves as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Period of Investigtaion IV. Scope Comments V. Scope of the Investigation VI. Subsidies Valuation VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether payments from the oil palm plantation fund are countervailable Comment 2: Whether the Department should treat OPPF payments as more than adequate remuneration program instead of a grant program Comment 3: Whether the Department was correct to tie OPPF payments to all biodiesel sales Comment 4: Whether the Department should offset any benefit to mandatory respondents by the amount of export levy they pay into the OPPF Comment 5: Whether there is a basis for finding that the GOI entrusted or directed the provision of crude palm oil (CPO) for LTAR Comment 6: Whether the Department should use a tier-one benchmark for CPO Comment 7: Whether the Department should change its freight calculation for the CPO benchmark values IX. Conclusion 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. The investigations 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 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 E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices (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 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. 2017–24858 Filed 11–15–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–052] Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People’s Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that countervailable subsidies are being provided to producers and exporters of certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (PRC). The period of investigation is January 1, 2015, through December 31, 2015. For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Applicable November 16, 2017. FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Justin Neuman, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202.482.2312 or 202.482.0486, respectively. asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: Background The petitioner in this investigation is the Coalition for Fair Trade in Hardwood Plywood and its individual members, Columbia Forest Products, VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 Commonwealth Plywood Inc., Murphy Plywood, Roseburg Forest Products Co., States Industries, Inc., and Timber Products Company (the petitioners). In addition to the Government of China (GOC), the mandatory respondents in this investigation are Linyi Sanfortune Wood Co., Ltd. (Sanfortune) and Dongfang Bayley Wood Co., Ltd. (Bayley Wood). The Department has determined that Bayley Wood is cross-owned with Linyi Yinhe Panel Factory, a producer of subject merchandise, and will refer to them collectively as ‘‘Bayley Wood.’’ The Department published its Preliminary Determination on April 25, 2017.1 On October 24, 2017, the Department issued a Post-Preliminary Analysis.2 A complete summary of the events that occurred since the Preliminary Determination, as well as a full discussion of the issues raised by the parties for this final determination, may be found in the Issues and Decision Memorandum accompanying the Final Affirmative Determination,3 which is dated concurrently with, and hereby adopted by, this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access to ACCESS is available to registered users at https:// access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the Department’s main building. In addition, a complete version of the Issues and Decision Memorandum can be viewed at http:// enforcement.trade.gov/frn. The signed Issues and Decision Memorandum and the electronic version are identical in content. Methodology The Department is conducting this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (Act). For each of the subsidy programs found 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination with Final Antidumping Duty Determination, 82 FR 19022 (April 25, 2017) (Preliminary Determination). 2 See Department Memorandum, ‘‘Certain Hardwood Plywood Products from the People’s Republic of China: Post-Preliminary Analysis,’’ dated October 24, 2017 (Post-Preliminary Analysis). 3 See Department Memorandum, ‘‘Countervailing Duty Investigation of Certain Hardwood Plywood Products from the People’s Republic of China: Issues and Decision Memorandum for the Final Affirmative Determination,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decisions Memorandum). PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 53473 to be countervailable, we determine 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. For a full description of the methodology underlying our final determination, see the Issues and Decisions Memorandum. Scope of the Investigation The product covered by this investigation is hardwood plywood from the PRC. For a complete description of the scope of this investigation, see Appendix II. Analysis of Subsidy Programs and Comments Received All issues raised in the comments filed by interested parties to this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by interested parties and responded to by the Department in the Issues and Decisions Memorandum are attached at Appendix I to this notice. Use of Adverse Facts Available For purposes of this final determination, we relied on facts available, and because certain respondents did not act to the best of their ability in responding to the Department’s requests for information, we drew an adverse inference, where appropriate, in selecting from among the facts otherwise available.4 A full discussion of our decision to rely on adverse facts available is presented in the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section of the Issues and Decisions Memorandum. Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections accepted at verification, we made certain changes to the respondents’ subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances, in Part In the Preliminary Determination, the Department found that critical circumstances exist with respect to imports of hardwood plywood from the PRC for Bayley Wood and all other exporters or producers not individually examined (including those that did not respond to our quantity and value 4 See E:\FR\FM\16NON1.SGM sections 776(a) and (b) of the Act. 16NON1

Agencies

[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53471-53473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24858]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-831]


Biodiesel From the Republic of Indonesia: Final Affirmative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of biodiesel from the Republic of Indonesia (Indonesia). The period of 
investigation is January 1, 2016, through December 31, 2016.

DATES: Appicable November 16, 2017.

FOR FURTHER INFORMATION CONTACT: Joseph Traw or Gene Calvert, 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) 482-6079 or (202) 482-3586, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Determination on August 
28, 2017.\1\ A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the Final Decision Memorandum.\2\ The Final 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 Final 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Final Decision Memorandum and 
the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ See Biodiesel From the Republic of Indonesia: Preliminary 
Affirmative Countervailing Duty Determination, 82 FR 40746 (August 
28, 2017) (Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Biodiesel from Indonesia,'' (Final Decision Memorandum), dated 
concurrently with this determination and hereby adopted by this 
notice.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation for which we are measuring subsidies is 
January 1, 2016, through December 31, 2016.

Scope of the Investigation

    The product covered by this investigation is biodiesel from 
Indonesia. For a complete description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in Appendix II 
of this notice.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs submitted by the interested parties in 
this proceeding, are discussed in the Final Decision Memorandum. A list 
of the issues raised by the parties and responded to by the Department 
in the Final Decision Memorandum, is attached at Appendix I to this 
notice.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), during September 2017, the Department verified the subsidy 
information reported by the Government of Indonesia, PT Musim Mas 
(Musim Mas), and Wilmar Trading Co., Ltd. (Wilmar Trading). We used 
standard verification procedures, including an examination of relevant 
accounting records and original source documents provided by the 
respondents.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Verification of the CVD Responses of the 
Government of Indonesia in the Countervailing Duty Investigation of 
Biodiesel,'' dated October 3, 2017; Memorandum, ``Verification of 
the CVD Responses of Wilmar Trading Ptd. Ltd. and its Cross Owned 
Affiliates in the Countervailing Duty Investigation of Biodiesel,'' 
dated October 2, 2017; and Memorandum, ``Countervailing Duty 
Investigation of Biodiesel from the Republic of Indonesia: 
Verification of the Questionnaire Responses Submitted by PT Musim 
Mas,'' dated September 28, 2017.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties and the 
minor corrections presented, we made certain changes to the 
respondents' subsidy rate calculations set forth in the Preliminary 
Determination. For a discussion of these changes, see the Final 
Decision Memorandum and the Final Calculation Memoranda.\4\
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum dated concurrently with 
this determination; see also Wilmar Trading's Final Calculation 
Memorandum, dated concurrently with this determination, and Musim 
Mas's Final Calculation Memorandum, dated concurrently with this 
determination.

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

[[Page 53472]]

All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, the 
Department calculated a countervailable subsidy rate for the 
individually investigated exporters/producers of the subject 
merchandise. Consistent with sections 705(c)(1)(B)(i)(I) and 
705(c)(5)(A) of the Act, the Department also calculated an estimated 
``all-others'' rate for exporters and producers not individually 
investigated. Section 705(c)(5)(A)(i) of the Act provides that the 
``all-others'' rate shall be an amount equal to the weighted-average of 
the countervailable subsidy rates established for individually 
investigated exporters and producers, excluding any rates that are zero 
or de minimis or any rates determined entirely under section 776 of the 
Act. In this investigation, the Department calculated individual 
estimated countervailable subsidy rates for Wilmar Trading and Musim 
Mas that are not zero, de minimis, or based entirely on facts otherwise 
available. Therefore, the Department calculated the all-others' rate 
using a weighted average of the individual estimated subsidy rates 
calculated for the examined respondents using each company's publicly-
ranged values for the merchandise under consideration.\5\
---------------------------------------------------------------------------

    \5\ With two respondents under examination, the Department 
normally calculates: (A) A weighted-average of the estimated subsidy 
rates calculated for the examined respondents; (B) a simple average 
of the estimated subsidy rates calculated for the examined 
respondents; and (C) a weighted-average of the estimated subsidy 
rates calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. The Department then compares (B) and (C) to (A) and 
selects the rate closest to (A) as the most appropriate rate for all 
other producers and exporters. See, e.g., Ball Bearings and Parts 
Thereof from France, Germany, Italy, Japan, and the United Kingdom: 
Final Results of Antidumping Duty Administrative Reviews, Final 
Results of Changed-Circumstances Review, and Revocation of an Order 
in Part, 75 FR 53661, 53663 (September 1, 2010). As complete 
publicly ranged sales data were available, the Department based the 
all-others rate on the publicly ranged sales data of the mandatory 
respondents. For a complete analysis of the data, please see the 
All-Others' Rate Calculation Memorandum dated concurrently with this 
determination.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
established individual estimated countervailable subsidy rates for PT 
Musim Mas and Wilmar Trading Co., Ltd., and their cross-owned entities.

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

Disclosure

    The Department will disclose the calculations performed within five 
days of the date of publication of this notice to parties in this 
proceeding in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with sections 703(d) of the Act, the Department will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of biodiesel from 
Indonesia, which were entered, or withdrawn from warehouse, for 
consumption on or after August 28, 2017, the date of publication of the 
Preliminary Determination.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of countervailable subsidies. Because the final 
determination in this proceeding is affirmative, in accordance with 
section 705(b) of the Act, the ITC will make its final determination as 
to whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports of 
biodiesel from Indonesia no later than 45 days after our final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded. If the ITC determines that such 
injury does exist, the Department will issue a CVD order directing CBP 
to assess, upon further instruction by the Department, countervailing 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). 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 subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: November 6, 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 Final Decision Memorandum

I. Summary
II. Background
III. Period of Investigtaion
IV. Scope Comments
V. Scope of the Investigation
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether payments from the oil palm plantation fund 
are countervailable
    Comment 2: Whether the Department should treat OPPF payments as 
more than adequate remuneration program instead of a grant program
    Comment 3: Whether the Department was correct to tie OPPF 
payments to all biodiesel sales
    Comment 4: Whether the Department should offset any benefit to 
mandatory respondents by the amount of export levy they pay into the 
OPPF
    Comment 5: Whether there is a basis for finding that the GOI 
entrusted or directed the provision of crude palm oil (CPO) for LTAR
    Comment 6: Whether the Department should use a tier-one 
benchmark for CPO
    Comment 7: Whether the Department should change its freight 
calculation for the CPO benchmark values
IX. Conclusion

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. The investigations 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 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

[[Page 53473]]

(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 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. 2017-24858 Filed 11-15-17; 8:45 am]
 BILLING CODE 3510-DS-P