Biodiesel From Argentina and Indonesia: Postponement of Final Determinations of Sales in Less Than Fair Value Investigations and Extension of Provisional Measures, 57952-57953 [2017-26489]

Download as PDF 57952 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying the Department’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. sradovich on DSK3GMQ082PROD with NOTICES Rate for Non-Selected Companies Under Review In this review, and in addition to the two selected mandatory respondents, there are 16 companies for which a review was requested and not rescinded (non-selected companies). For these non-selected companies, we could not calculate a rate by averaging Changzhou Jinxi’s and tenKsolar’s individual rates, as the rates for both companies are based entirely on adverse facts available.5 Instead, for these final results, we based the non-selected companies’ rates on the subsidy rate calculated for non-selected companies in the prior administrative review. For further information on the calculation of the non-selected companies’ rates, refer to the section in the Issues and Decision Memorandum entitled, ‘‘Final Ad Valorem Rate for Non-Selected Companies Under Review.’’ Ad valorem rate (Percent) Company Classic & Contemporary Inc ....... Daya Hardware Co., LTD ........... Dongguan Golden Tiger Hardware Industrial Co., Ltd ........... ETLA Technology (Wuxi) Co., Ltd ........................................... Global Hi-Tek Precision Limited Jiangsu Zhenhexiang New Material Technology Co., Ltd .......... Johnson Precision Engineering (Suzhou) Co Ltd ...................... Kam Kiu Aluminum Products Sdn Bhd .................................. Ningbo Haina Machine Co., Ltd Ningbo Innopower Tengda Machinery Co., Ltd ....................... Ningbo Yinzhou Sanhua Electric Machine Factory ..................... Precision Metal Works LTD ........ Summit Heat Sinks Metal Co., Ltd ........................................... Suzhou New Hongji Precision Parts Co Ltd ............................ Taishan City Kam Kiu Aluminium Extrusion Co., Ltd ................... Wuxi Huida Aluminum Co., Ltd .. 16.08 16.08 16.08 16.08 16.08 16.08 16.08 16.08 16.08 16.08 Dated: December 4, 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. 16.08 APPENDIX 16.08 16.08 16.08 16.08 16.08 Assessment Rates The Department intends to issue appropriate assessment instructions directly to CBP, 15 days after publication of these final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2015, through December 31, 2015, at the ad valorem rates listed above. Cash Deposit Requirements The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts indicated above for each company listed on shipments of subject merchandise entered, or withdrawn Final Results of Administrative Review from warehouse, for consumption on or In accordance with 19 CFR after the date of publication of the final 351.221(b)(5), we determine the results of this administrative review. For following final net subsidy rates for the all non-reviewed firms, we will instruct 2015 administrative review: CBP to collect cash deposits of estimated countervailing duties at the Ad most recent company-specific or allvalorem others rate applicable to the company, Company rate as appropriate. Accordingly, the cash (Percent) deposit requirements that will be tenKsolar (Shanghai) Co., Ltd .... 198.61 applied to companies covered by this Changzhou Jinxi Machinery Co., order, but not examined in this Ltd ........................................... 198.61 administrative review, are those established in the most recently 4 See sections 771(5)(B) and (D) of the Act completed segment of the proceeding regarding financial contribution; section 771(5)(E) for each company. These cash deposit of the Act regarding benefit; and section 771(5A) of requirements, when imposed, shall the Act regarding specificity. 5 See sections 703(d) and 705(c)(5)(A) of the Act. remain in effect until further notice. VerDate Sep<11>2014 20:38 Dec 07, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Administrative Protective Order This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. List of Topics Discussed in the Final Decision Memorandum Summary Background Scope of the Order Analysis of Comments Comment 1: Application of AFA to tenKsolar Comment 2: Inclusion of Alleged Non-Use Programs in tenKsolar’s Rate Calculation Comment 3: Inclusion of Geographically Limited Programs in tenKsolar’s Rate Calculation Comment 4: Inclusion of Programs Which Have Allegedly Been Terminated in tenKsolar’s Rate Calculation Comment 5: AFA Subsidy Rates for Certain Income Tax Rebate, Depreciation, Refund, Offset, and Arrears Forgiveness Programs Comment 6: Selection of Respondents Comment 7: Application of AFA to Changzhou Jinxi Conclusion [FR Doc. 2017–26488 Filed 12–7–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–820, A–560–830] Biodiesel From Argentina and Indonesia: Postponement of Final Determinations of Sales in Less Than Fair Value Investigations and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is postponing the AGENCY: E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices deadline for issuing the final determinations in the less-than-fairvalue (LTFV) investigations of biodiesel from Argentina and Indonesia until February 15, 2018, and is extending the provisional measures from a four-month period to a period of not more than six months. DATES: Applicable December 8, 2017. FOR FURTHER INFORMATION CONTACT: David Lindgren at (202) 482–3870 (Argentina); Myrna Lobo at (202) 482– 2371 (Indonesia), Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On April 12, 2017, the Department initiated LTFV investigations of imports of biodiesel from Argentina and Indonesia.1 The period of investigation for each investigation is January 1, 2016, through December 31, 2016. On October 31, 2017, the Department published its Preliminary Determination in each of these LTFV investigations.2 Postponement of Final Determinations Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by the exporters or producers who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional meausres from a fourmonth period to a period of not more than six months, in accordance with section 733(d) of the Act. In September 2017, P.T. Musim Mas (Musim Mas) and Wilmar Trading PTE Ltd. (Wilmar), the mandatory Dated: December 4, 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. [FR Doc. 2017–26489 Filed 12–7–17; 8:45 am] BILLING CODE 3510–DS–P 1 See sradovich on DSK3GMQ082PROD with NOTICES Biodiesel from Argentina and Indonesia: Initiation of Less-Than-Fair-Value Investigations, 82 FR 18428 (April 19, 2017). 2 See Biodiesel from Agentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Determination of Critical Circumstances, In Part, 82 FR 50391 (October 31, 2017) (Argentina Preliminary Determination); see also Biodiesel from Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 82 FR 50379 (Indonesia Preliminary Determination). respondents in the Indonesia investigation, requested that the Department postpone the deadline for the final determination until no later than 135 days from the publication of the Indonesia Preliminary Determination, and extend the application of the provisional measures from a four-month period to a period of not more than six months.3 In November 2017, Camara Argentina de Biocombustibles (CARBIO) and LDC Argentina S.A. (LDC), the mandatory respondents in the Argentina investigation, requested that the Department postpone the deadline for the final determination until no later than 135 days from the publication of the Argentina Preliminary Determination, and extend the application of the provisional measures from a four-month period to a period of not more than six months.4 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) each preliminary determination was affirmative; (2) the requests in each investigation were made by the exporters and producers who account for a significant proportion of exports of the subject merchandise from the country at issue; and (3) no compelling reasons for denials exist, the Department is postponing the final determination in each investigation until no later than 107 days after the date of the publication of the relevant preliminary determination, and extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, the Department will issue its final determination in each investigation no later than February 15, 2018. This notice is issued and published pursuant to 19 CFR 351.210(g). VerDate Sep<11>2014 20:38 Dec 07, 2017 Jkt 244001 3 See Musim Mas’ Letter, ‘‘Biodiesel from Indonesia: Request to Extend Final Determination,’’ dated September 19, 2017; see also Wilmar’s Letter, ‘‘Biodiesel from Indonesia: Request for Extension of Final Determination,’’ dated September 19, 2017. 4 See CARBIO’s Letter, ‘‘CARBIO’s Request for Postponement of the Final Determination Biodiesel from Argentina (A–357–820),’’ dated November 10, 2017; see also LDC’s Letter, ‘‘Biodiesel from Argentina: Request for Postponement of the Final Determination,’’ dated November 16, 2017. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 57953 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Alaska License Limitation Program for Groundfish, Crab, and Scallops. OMB Control Number: 0648–0334. Form Number(s): None. Type of Request: Regular (revision and extension of a currently approved information collection). Number of Respondents: 49. Average Hours per Response: Transfers, 1 hour; appeals, 4 hours. Burden Hours: 52. Needs and Uses: This request is for extension of a current information collection. The License Limitation Program (LLP) restricts access to the commercial groundfish fisheries, commercial crab fisheries, and commercial scallop fisheries in the Exclusive Economic Zone off Alaska except for certain areas where alternative programs exist. The intended effect of the LLP is to limit the number of participants and reduce fishing capacity in fisheries off Alaska. For a vessel designated on an LLP license, the LLP license authorizes the type of fishing gear that may be used by the vessel, the maximum size of the vessel, an area endorsement, and whether the vessel may catch and process fish at sea or if it is limited to delivering catch without at-sea processing. LLP licenses that allow vessels to catch and process at-sea are assigned a catcher/processor endorsement. LLP licenses specify the maximum length overall (MLOA) of the vessel to which that LLP license may be assigned. The LLP may also include a species endorsement for Pacific cod in the Bering Sea and Aleutian Islands management area (BSAI) and Gulf of Alaska (GOA). An LLP license is required for vessels participating in directed fishing for LLP groundfish species in the BSAI or GOA, or fishing in any BSAI LLP crab fisheries. An LLP license is also required for any vessel deployed in scallop fisheries in Federal waters off Alaska (except for some diving operations). E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 57952-57953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26489]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-820, A-560-830]


Biodiesel From Argentina and Indonesia: Postponement of Final 
Determinations of Sales in Less Than Fair Value Investigations and 
Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (the Department) is postponing the

[[Page 57953]]

deadline for issuing the final determinations in the less-than-fair-
value (LTFV) investigations of biodiesel from Argentina and Indonesia 
until February 15, 2018, and is extending the provisional measures from 
a four-month period to a period of not more than six months.

DATES: Applicable December 8, 2017.

FOR FURTHER INFORMATION CONTACT: David Lindgren at (202) 482-3870 
(Argentina); Myrna Lobo at (202) 482-2371 (Indonesia), Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On April 12, 2017, the Department initiated LTFV investigations of 
imports of biodiesel from Argentina and Indonesia.\1\ The period of 
investigation for each investigation is January 1, 2016, through 
December 31, 2016. On October 31, 2017, the Department published its 
Preliminary Determination in each of these LTFV investigations.\2\
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    \1\ See Biodiesel from Argentina and Indonesia: Initiation of 
Less-Than-Fair-Value Investigations, 82 FR 18428 (April 19, 2017).
    \2\ See Biodiesel from Agentina: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Determination of Critical Circumstances, In Part, 82 FR 50391 
(October 31, 2017) (Argentina Preliminary Determination); see also 
Biodiesel from Indonesia: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, 82 FR 50379 (Indonesia Preliminary 
Determination).
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Postponement of Final Determinations

    Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.210(b)(2) provide that a final determination may be 
postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by the exporters or producers who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that 
such postponement requests by exporters be accompanied by a request for 
extension of provisional meausres from a four-month period to a period 
of not more than six months, in accordance with section 733(d) of the 
Act.
    In September 2017, P.T. Musim Mas (Musim Mas) and Wilmar Trading 
PTE Ltd. (Wilmar), the mandatory respondents in the Indonesia 
investigation, requested that the Department postpone the deadline for 
the final determination until no later than 135 days from the 
publication of the Indonesia Preliminary Determination, and extend the 
application of the provisional measures from a four-month period to a 
period of not more than six months.\3\ In November 2017, Camara 
Argentina de Biocombustibles (CARBIO) and LDC Argentina S.A. (LDC), the 
mandatory respondents in the Argentina investigation, requested that 
the Department postpone the deadline for the final determination until 
no later than 135 days from the publication of the Argentina 
Preliminary Determination, and extend the application of the 
provisional measures from a four-month period to a period of not more 
than six months.\4\
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    \3\ See Musim Mas' Letter, ``Biodiesel from Indonesia: Request 
to Extend Final Determination,'' dated September 19, 2017; see also 
Wilmar's Letter, ``Biodiesel from Indonesia: Request for Extension 
of Final Determination,'' dated September 19, 2017.
    \4\ See CARBIO's Letter, ``CARBIO's Request for Postponement of 
the Final Determination Biodiesel from Argentina (A-357-820),'' 
dated November 10, 2017; see also LDC's Letter, ``Biodiesel from 
Argentina: Request for Postponement of the Final Determination,'' 
dated November 16, 2017.
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    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) each preliminary determination was 
affirmative; (2) the requests in each investigation were made by the 
exporters and producers who account for a significant proportion of 
exports of the subject merchandise from the country at issue; and (3) 
no compelling reasons for denials exist, the Department is postponing 
the final determination in each investigation until no later than 107 
days after the date of the publication of the relevant preliminary 
determination, and extending the provisional measures from a four-month 
period to a period of not more than six months. Accordingly, the 
Department will issue its final determination in each investigation no 
later than February 15, 2018.
    This notice is issued and published pursuant to 19 CFR 351.210(g).

    Dated: December 4, 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.
[FR Doc. 2017-26489 Filed 12-7-17; 8:45 am]
BILLING CODE 3510-DS-P