Biodiesel From the Republic of Indonesia: Final Affirmative Countervailing Duty Determination, 53471-53473 [2017-24858]
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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 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 Final
Decision Memorandum can be accessed
directly at https://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
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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
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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.
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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
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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
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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,
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16:52 Nov 15, 2017
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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 https://
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).
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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 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 Final
Decision Memorandum can be accessed directly at https://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.
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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
