Biodiesel From Argentina: Initiation of Changed Circumstances Reviews of the Antidumping and Countervailing Duty Orders, 56300-56302 [2018-24689]

Download as PDF 56300 Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Notices Exporter Weightedaverage dumping margin (percent) Producer Anhui Xingzhou Medicine Food Co., Ltd .................................... Xiwang Pharmaceutical Co., Ltd ............................................... Anhui Xingzhou Medicine Food Co., Ltd .................................... Zhucheng Shuguang Biotech Co., Ltd ...................................... China-wide Entity 5 Countervailing Duty Order In accordance with section 705(d) of the Act, the ITC notified Commerce of its final determination that the industry in the United States producing GNA Products is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of GNA Products from China.6 Therefore, in accordance with section 705(c)(2) of the Act, we are publishing this countervailing duty order. Because the ITC determined that imports of GNA Products from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China, entered or withdrawn from warehouse for consumption, are subject to assessment of countervailing duties. Commerce directed CBP to assess, upon further instruction by Commerce, countervailing duties on unliquidated entries of GNA Products entered, or withdrawn from warehouse, for consumption on or after May 23, 2018, the date of publication of the CVD Preliminary Determination.7 However, section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than 120 days. Therefore, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of GNA Products from China entered, or withdrawn from warehouse, for consumption, on or after September 20, 2018, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. amozie on DSK3GDR082PROD with NOTICES1 Suspension of Liquidation (CVD) In accordance with section 706 of the Act, Commerce will instruct CBP to 5 The China-wide Entity includes Dezhou Huiyang Biotechnology Co., Ltd., Qingdao Dongxiao Enterprise Co., Ltd., Shandong Fuyang Biotechnology Co., Ltd./Shandong Fuyang Biology Starch Co., Ltd., and Zhejiang Tianyi Food Additives Co., Ltd. 6 See ITC Letter. 7 See Sodium Gluconate, Gluconic Acid, and Derivative Products from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 23888 (May 23, 2018). VerDate Sep<11>2014 17:34 Nov 09, 2018 Jkt 247001 suspend liquidation on all entries of GNA Products from China, as further described below. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the subsidy rates listed below. The allothers rate applies to all producers or exporters not specifically listed below, as appropriate. Exporter/producer Qingdao Dongxiao Enterprise Co., Ltd .................... Shandong Fuyang Biotechnology Co ................... Shandong Kaison Biochemical Co Ltd ................ Tongxiang Hongyu Chemical Co., Ltd ............................. All-Others .............................. 194.67 194.67 This notice constitutes the AD and CVD orders with respect to GNA Products from China pursuant to sections 736(a) and 706(a) of the Act. Interested parties can find an updated list of orders currently in effect by either visiting https://enforcement.trade.gov/ stats/iastats1.html. These orders are published in accordance with sections 706(a), 736(a), and 19 CFR 351.211(b). Dated: November 2, 2018. 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. 2018–24705 Filed 11–9–18; 8:45 am] BILLING CODE 3510–DS–P Frm 00027 Fmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–357–820, C–357–821] Biodiesel From Argentina: Initiation of Changed Circumstances Reviews of the Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is initiating changed circumstances reviews (CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders on biodiesel from Argentina. DATES: Applicable November 13, 2018. Subsidy rate FOR FURTHER INFORMATION CONTACT: (percent) Kathryn Wallace, AD/CVD Operations, Office VII, Enforcement and 194.67 Compliance, International Trade Administration, U.S. Department of 194.67 Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 194.67 (202) 482–6251. SUPPLEMENTARY INFORMATION: Notification to Interested Parties PO 00000 213.15 213.15 213.15 Sfmt 4703 AGENCY: Background On January 4, 2018, and April 26, 2018, Commerce published the CVD and AD orders on biodiesel from Argentina.1 On September 21, 2018, the GOA, joined by Vicentin S.A.I.C. (Vicentin) and LDC Argentina (LDC), requested that Commerce initiate a CCR of the AD order, and the GOA requested that Commerce initiate a CCR of the CVD order, in order to adjust the cash deposit rates established in the AD and CVD investigations to reflect changes to Argentina’s export tax regime.2 On 1 See Biodiesel from the Republic of Argentina and the Republic of Indonesia: Countervailing Duty Orders, 83 FR 522 (January 4, 2018), corrected by Biodiesel from the Republic of Argentina and the Republic of Indonesia: Countervailing Duty Orders, 83 FR 3114 (January 23, 2018); see also Biodiesel from Argentina and Indonesia: Antidumping Duty Orders, 83 FR 18278 (April 26, 2018) (collectively, Orders). 2 See GOA’s Letter, ‘‘Biodiesel from Argentina: Request for Changed Circumstances Review,’’ dated September 21, 2018 and filed on the record of A– 357–820; see also GOA’s Letter, ‘‘Biodiesel from Argentina: Request for Changed Circumstances Review,’’ dated September 21, 2018 and filed on the E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Notices October 1, 2018, the National Biodiesel Board Fair Trade Coalition (petitioner) filed comments requesting that Commerce deny the GOA’s request.3 On October 11, 2018, the GOA, Vicentin and LDC filed comments responding to the petitioner’s October 1, 2018 comments.4 On October 15, 2018, the petitioner submitted information and data illustrating the improvements in the domestic industry since the imposition of the orders, and on October 23, 2018, the petitioner submitted further comments opposing the CCRs.5 Between September 26, 2018, and October 19, 2018, Commerce met with the GOA and the petitioner to discuss their submissions to the record.6 Scope of the Orders The product covered by the Orders is biodiesel from Argentina. For a complete description of the scope of the Orders, see the appendix to this notice. amozie on DSK3GDR082PROD with NOTICES1 Initiation of Changed Circumstances Reviews Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR of an AD or CVD order when it receives information concerning, or a request from an interested party which demonstrates, changed circumstances sufficient to warrant such a review. However, section 751(b)(4) of the Act also provides that Commerce may not conduct a CCR of an investigation determination within 24 months of the date of the investigation determination in the absence of ‘‘good cause.’’ In its request for initiation, the GOA explains that there are changed record of C–357–821 (collectively, Requests for CCRs). 3 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Petitioner’s Opposition to the Government of Argentina’s Requests for Changed Circumstances Reviews,’’ dated October 1, 2018. 4 See GOA’s Letter, ‘‘Biodiesel from Argentina: Response to Petitioners’ Opposition to the Government of Argentina’s Request for Changed Circumstances Review,’’ dated October 11, 2018 (GOA’s October 11, 2018 Submission). 5 See Petitioner’s Letter, ‘‘Positive Impact of Orders from Argentina on Domestic Biodiesel Industry,’’ dated October 15, 2018; see also Petitioner’s Letter, ‘‘Biodiesel from Argentina: Petitioner’s Response to Respondents’ October 11, 2018 Submission,’’ dated October 23, 2018. 6 See Memorandum, ‘‘AD/CVD Orders on Biodiesel from Argentina—Requests for Changes Circumstance Reviews,’’ dated September 26, 2018; see also Memorandum, ‘‘Antidumping and Countervailing Duty Orders on Biodiesel from Argentina—Requests for Changed Circumstances Reviews: Ex Parte Meeting,’’ dated October 4, 2018; see also Memorandum, ‘‘Antidumping and Countervailing Duty Orders on Biodiesel from Argentina—Requests for Changed Circumstances Reviews: Ex Parte Meeting,’’ dated October 19, 2018. VerDate Sep<11>2014 17:34 Nov 09, 2018 Jkt 247001 circumstances sufficient to warrant reconsideration of the AD and CVD final determinations. Regarding changed circumstances, the GOA provided information indicating that, since the Orders, there have been changes in the export tax regime, which was a key element in Commerce’s analysis of: (1) The soybeans for less than adequate remuneration program in the CVD investigation; and (2) the particular market situation finding concerning the cost of soybean input prices in the AD investigation.7 In particular, the GOA attached three legislative decrees effecting changes across its export tax regime, including changes to the export taxes applied to soybeans, soybean oil, soymeal, and biodiesel. Decrees 793/ 2018 and 486/2018, issued after the investigations were finalized, in May and September 2018, respectively, decreased significantly the export tax on soybeans and other commodities in the soybean value chain (e.g., soybean oil, soymeal), and imposed a new biodiesel export tax. According to the decrees themselves, such changes were ‘‘necessary to continue fostering the convergence between the export tax applicable to {soybeans, soybean oil, soymeal} and that applicable to biodiesel,’’ 8 and ‘‘in order to, among other objectives, implement the monetary, exchange or foreign trade policy, to stabilize internal prices and to address public financial needs.’’ 9 Additionally, Decree 793/2018, in addition to decreasing the export tax on soybeans, imposes new, temporary taxes on ‘‘all products’’ exported from Argentina. The decree’s preamble references an underlying statutory regime, as well as the GOA’s 2018 national budget, noting concerns with ensuring ‘‘fiscal convergence, an efficient tax policy and the gradual reduction of the tax burden.’’ 10 The GOA suggests that such changes indicate a revised focus on fiscal policy, and not the development of particular industries. The GOA documented that these changes are not merely theoretical or prospective but have been in full 7 See Requests for CCRs at 2, 4; see also Biodiesel from the Republic of Argentina: Final Affirmative Countervailing Duty Determination, 82 FR 53477 (November 16, 2017) and accompanying Issues and Decision Memorandum (CVD Final Determination) and Biodiesel from Argentina: Final Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part, 83 FR 8837, and accompanying Issues and Decision Memorandum (AD Final Determination), which discussed these aspects of the final determinations. 8 Decree 486/2018. See Requests for CCRs at Attachment 3. 9 Decree 793/2018. See Requests for CCRs at Attachment 2. 10 Id. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 56301 effect as of September 2018. Furthermore, the GOA submitted information to support its claim that, since the imposition of the Orders, Argentine exporters have effectively been unable to ship biodiesel to the United States in light of combined AD and CVD cash deposit rates.11 According to the GOA, this alleged inability to ship to the United States prevents the conduct of administrative reviews through which Commerce would typically reexamine findings from investigations.12 Additionally, the GOA provided two correlating reasons for satisfying the ‘‘good cause’’ requirement pursuant to section 751(b)(4) of the Act. First, the GOA explained that the changes it has made to its export tax system, discussed above, have virtually eliminated the export tax differential among products in the soybean value chain. Specifically, prior to the issuance of the CVD order, in December 2017, products in the soybean value chain (except biodiesel) were subject to an export tax of 27 to 30 percent, while biodiesel was subject to an export tax rate of zero percent.13 As of September 2018, the export tax on soybean products has been reduced to 18 percent, and the export tax on biodiesel has been increased to 15 percent, reducing the export tax differential from approximately 30 percent to 3 percent.14 The GOA also noted its belief that the remaining three percent differential is offset by the MostFavored Nation tariff of 4.6 percent applied to U.S. biodiesel imports.15 Second, the GOA notes that the imposition of the AD and CVD rates (ranging from 60.44 percent to 86.23 percent, and 71.45 percent to 72.28 percent, respectively) has completely closed the U.S. market for Argentine biodiesel, reducing Argentina’s biodiesel exports to the United States from approximately $1.2 billion in 2016 to zero in 2018.16 The GOA notes the combined AD and CVD rates total at least 130 percent, depending on the producer and exporter. In considering the GOA’s request for a CCR, we note that Commerce has initiated CCRs to address a wide variety of issues, some of which otherwise may or may not be addressed in the context of an annual administrative review.17 11 See GOA’s October 11, 2018 Submission at 8. (citing U.S. Census Data). 13 See Requests for CCRs at 3–4, Attachments 1– 12 Id. 3. 14 Id. 15 See Requests for CCRs at 4. GOA’s October 11, 2018 Submission at 8. 17 See, e.g., Aluminum Extrusions from the People’s Republic of China: Initiation and 16 See E:\FR\FM\13NON1.SGM Continued 13NON1 56302 Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Notices Here, although the issues raised by the GOA may be considered in the context of an administrative review under section 751(a) of the Act, there have been no shipments which could be the subject of an administrative review. Thus, under Commerce’s normal administrative review procedures, we otherwise would not have an opportunity to review the substantial changes that the GOA has made to its export tax regime, which formed the basis for certain of our findings in the AD Final Determination and CVD Final Determination. These changes, as discussed in greater detail above, include legislative decrees that significantly reduced the export tax on soybeans and other soybean products which were examined in the underlying investigations, and imposed new export taxes on biodiesel and other goods which were not previously in place at the time of the investigations. In light of the above, including the information submitted by the GOA regarding a complete cessation of shipments of biodiesel from Argentina to the United States and the unique nature of the substantial changes to the GOA’s export tax regime since the imposition of the Orders, we find that there is sufficient information and ‘‘good cause’’ to initiate CCRs. Therefore, we are initiating CCRs pursuant to sections 751(b)(1) and (4) of the Act and 19 CFR 351.216(c) and (d) to assess the impacts of the GOA’s revised export tax regime on the AD Final Determination and CVD Final Determination, as discussed above. We intend to publish in the Federal Register a notice of preliminary results of the AD and CVD CCRs, in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the factual and legal conclusions upon which our preliminary results are based, and a description of any action proposed based on these results. Pursuant to 19 CFR 351.221(b)(4), interested parties will have an opportunity to comment on the preliminary results. We will issue the final results of review no later than 270 days after publication of this notice of initiation in accordance with 19 CFR 351.216(e). This notice is published in accordance with section 751(b)(1) and 777(i) of the Act and 19 CFR 351.221(c)(3) of the Act. Dated: November 5, 2018. 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 Scope of the Orders The product covered by these orders is biodiesel, which is a fuel comprised of monoalkyl 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. These orders 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 these order. Biodiesel is generally produced to American Society for Testing and Materials International (ASTM) D6751 specifications, but it can also be made to other specifications. Biodiesel commonly has one of the following Chemical Abstracts Service (CAS) numbers, generally depending upon the feedstock used: 67784–80–9 (soybean oil methyl esters); 91051–34–2 (palm oil methyl esters); 91051–32–0 (palm kernel oil methyl esters); 73891–99–3 (rapeseed oil methyl esters); 61788–61–2 (tallow methyl esters); 68990–52–3 (vegetable oil methyl esters); 129828–16–6 (canola oil methyl esters); 67762–26–9 (unsaturated alkylcarboxylic acid methyl ester); or 68937–84–8 (fatty acids, C12–C18, methyl ester). The B100 product subject to the orders 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. amozie on DSK3GDR082PROD with NOTICES1 [FR Doc. 2018–24689 Filed 11–9–18; 8:45 am] Preliminary Results of Expedited Changed Circumstances Review, 83 FR 34548 (July 20, 2018) (finding sufficient information to initiate a CCR to recalculate certain cash deposit rates); Certain Steel Nails From Malaysia: Initiation of Antidumping Duty Changed Circumstances Review, 80 FR 71772 (Nov. 17, 2015) (finding sufficient information and ‘‘good cause’’ to initiate a CCR to evaluate whether a company was properly utilizing the correct cash deposit rate); Initiation of Changed Circumstances Countervailing Duty Administrative Reviews; Pure Magnesium and Alloy Magnesium From Canada, 57 FR 41473 (Sept. 10, 1992) (finding sufficient information and ‘‘good cause’’ to initiate a CCR to evaluate changes to the major subsidy program at issue in the underlying investigation). VerDate Sep<11>2014 17:34 Nov 09, 2018 Jkt 247001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Construction Safety Team Advisory Committee Meeting National Institute of Standards and Technology, Department of Commerce. AGENCY: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 ACTION: Notice of open meeting. The National Construction Safety Team (NCST) Advisory Committee (Committee) will hold an open meeting via teleconference on Tuesday, November 27, 2018 from 11:00 a.m. to 2:00 p.m. Eastern Time. The primary purpose of this meeting is to finalize the Committee’s annual report to Congress. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST website at https://www.nist.gov/topics/ disaster-failure-studies/nationalconstruction-safety-team-ncst/advisorycommittee. DATES: The NCST Advisory Committee will meet on Tuesday, November 27, 2018 from 11:00 a.m. until 2:00 p.m. Eastern Time. ADDRESSES: The meeting will be held via teleconference. For instructions on how to participate in the meeting, please see the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Melissa Banner, Administrative Office Assistant, Community Resilience Program, Engineering Laboratory, NIST, 100 Bureau Drive, Mail Stop 8615, Gaithersburg, Maryland 20899–8604. Ms. Banner’s email address is Melissa.Banner@nist.gov; and her phone number is (301) 975–8912. SUPPLEMENTARY INFORMATION: The Committee was established pursuant to Section 11 of the NCST Act (Pub. L. 107–231, codified at 15 U.S.C. 7301 et seq.). The Committee is currently composed of six members, appointed by the Director of NIST, who were selected on the basis of established records of distinguished service in their professional community and their knowledge of issues affecting the National Construction Safety Teams. The Committee advises the Director of NIST on carrying out the NCST Act; reviews the procedures developed for conducting investigations; and reviews the reports issued documenting investigations. Background information on the NCST Act and information on the NCST Advisory Committee is available at https://www.nist.gov/topics/disasterfailure-studies/national-constructionsafety-team-ncst/advisory-committee. Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the NCST Advisory Committee will meet on Tuesday, November 27, 2018 from 11:00 a.m. until 2:00 p.m. Eastern Time. The meeting will be open to the public and will be held via teleconference. There will be no central meeting location. Interested members of the public will be SUMMARY: E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56300-56302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24689]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-820, C-357-821]


Biodiesel From Argentina: Initiation of Changed Circumstances 
Reviews of the Antidumping and Countervailing Duty Orders

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

SUMMARY: The Department of Commerce (Commerce) is initiating changed 
circumstances reviews (CCR) of the antidumping duty (AD) and 
countervailing duty (CVD) orders on biodiesel from Argentina.

DATES: Applicable November 13, 2018.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6251.

SUPPLEMENTARY INFORMATION: 

Background

    On January 4, 2018, and April 26, 2018, Commerce published the CVD 
and AD orders on biodiesel from Argentina.\1\ On September 21, 2018, 
the GOA, joined by Vicentin S.A.I.C. (Vicentin) and LDC Argentina 
(LDC), requested that Commerce initiate a CCR of the AD order, and the 
GOA requested that Commerce initiate a CCR of the CVD order, in order 
to adjust the cash deposit rates established in the AD and CVD 
investigations to reflect changes to Argentina's export tax regime.\2\ 
On

[[Page 56301]]

October 1, 2018, the National Biodiesel Board Fair Trade Coalition 
(petitioner) filed comments requesting that Commerce deny the GOA's 
request.\3\ On October 11, 2018, the GOA, Vicentin and LDC filed 
comments responding to the petitioner's October 1, 2018 comments.\4\ On 
October 15, 2018, the petitioner submitted information and data 
illustrating the improvements in the domestic industry since the 
imposition of the orders, and on October 23, 2018, the petitioner 
submitted further comments opposing the CCRs.\5\ Between September 26, 
2018, and October 19, 2018, Commerce met with the GOA and the 
petitioner to discuss their submissions to the record.\6\
---------------------------------------------------------------------------

    \1\ See Biodiesel from the Republic of Argentina and the 
Republic of Indonesia: Countervailing Duty Orders, 83 FR 522 
(January 4, 2018), corrected by Biodiesel from the Republic of 
Argentina and the Republic of Indonesia: Countervailing Duty Orders, 
83 FR 3114 (January 23, 2018); see also Biodiesel from Argentina and 
Indonesia: Antidumping Duty Orders, 83 FR 18278 (April 26, 2018) 
(collectively, Orders).
    \2\ See GOA's Letter, ``Biodiesel from Argentina: Request for 
Changed Circumstances Review,'' dated September 21, 2018 and filed 
on the record of A-357-820; see also GOA's Letter, ``Biodiesel from 
Argentina: Request for Changed Circumstances Review,'' dated 
September 21, 2018 and filed on the record of C-357-821 
(collectively, Requests for CCRs).
    \3\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioner's Opposition to the Government of Argentina's Requests 
for Changed Circumstances Reviews,'' dated October 1, 2018.
    \4\ See GOA's Letter, ``Biodiesel from Argentina: Response to 
Petitioners' Opposition to the Government of Argentina's Request for 
Changed Circumstances Review,'' dated October 11, 2018 (GOA's 
October 11, 2018 Submission).
    \5\ See Petitioner's Letter, ``Positive Impact of Orders from 
Argentina on Domestic Biodiesel Industry,'' dated October 15, 2018; 
see also Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioner's Response to Respondents' October 11, 2018 Submission,'' 
dated October 23, 2018.
    \6\ See Memorandum, ``AD/CVD Orders on Biodiesel from 
Argentina--Requests for Changes Circumstance Reviews,'' dated 
September 26, 2018; see also Memorandum, ``Antidumping and 
Countervailing Duty Orders on Biodiesel from Argentina--Requests for 
Changed Circumstances Reviews: Ex Parte Meeting,'' dated October 4, 
2018; see also Memorandum, ``Antidumping and Countervailing Duty 
Orders on Biodiesel from Argentina--Requests for Changed 
Circumstances Reviews: Ex Parte Meeting,'' dated October 19, 2018.
---------------------------------------------------------------------------

Scope of the Orders

    The product covered by the Orders is biodiesel from Argentina. For 
a complete description of the scope of the Orders, see the appendix to 
this notice.

Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR of an AD 
or CVD order when it receives information concerning, or a request from 
an interested party which demonstrates, changed circumstances 
sufficient to warrant such a review. However, section 751(b)(4) of the 
Act also provides that Commerce may not conduct a CCR of an 
investigation determination within 24 months of the date of the 
investigation determination in the absence of ``good cause.''
    In its request for initiation, the GOA explains that there are 
changed circumstances sufficient to warrant reconsideration of the AD 
and CVD final determinations. Regarding changed circumstances, the GOA 
provided information indicating that, since the Orders, there have been 
changes in the export tax regime, which was a key element in Commerce's 
analysis of: (1) The soybeans for less than adequate remuneration 
program in the CVD investigation; and (2) the particular market 
situation finding concerning the cost of soybean input prices in the AD 
investigation.\7\ In particular, the GOA attached three legislative 
decrees effecting changes across its export tax regime, including 
changes to the export taxes applied to soybeans, soybean oil, soymeal, 
and biodiesel. Decrees 793/2018 and 486/2018, issued after the 
investigations were finalized, in May and September 2018, respectively, 
decreased significantly the export tax on soybeans and other 
commodities in the soybean value chain (e.g., soybean oil, soymeal), 
and imposed a new biodiesel export tax. According to the decrees 
themselves, such changes were ``necessary to continue fostering the 
convergence between the export tax applicable to {soybeans, soybean 
oil, soymeal{time}  and that applicable to biodiesel,'' \8\ and ``in 
order to, among other objectives, implement the monetary, exchange or 
foreign trade policy, to stabilize internal prices and to address 
public financial needs.'' \9\ Additionally, Decree 793/2018, in 
addition to decreasing the export tax on soybeans, imposes new, 
temporary taxes on ``all products'' exported from Argentina. The 
decree's preamble references an underlying statutory regime, as well as 
the GOA's 2018 national budget, noting concerns with ensuring ``fiscal 
convergence, an efficient tax policy and the gradual reduction of the 
tax burden.'' \10\ The GOA suggests that such changes indicate a 
revised focus on fiscal policy, and not the development of particular 
industries. The GOA documented that these changes are not merely 
theoretical or prospective but have been in full effect as of September 
2018. Furthermore, the GOA submitted information to support its claim 
that, since the imposition of the Orders, Argentine exporters have 
effectively been unable to ship biodiesel to the United States in light 
of combined AD and CVD cash deposit rates.\11\ According to the GOA, 
this alleged inability to ship to the United States prevents the 
conduct of administrative reviews through which Commerce would 
typically reexamine findings from investigations.\12\
---------------------------------------------------------------------------

    \7\ See Requests for CCRs at 2, 4; see also Biodiesel from the 
Republic of Argentina: Final Affirmative Countervailing Duty 
Determination, 82 FR 53477 (November 16, 2017) and accompanying 
Issues and Decision Memorandum (CVD Final Determination) and 
Biodiesel from Argentina: Final Determination of Sales at Less Than 
Fair Value and Final Determination of Critical Circumstances, in 
Part, 83 FR 8837, and accompanying Issues and Decision Memorandum 
(AD Final Determination), which discussed these aspects of the final 
determinations.
    \8\ Decree 486/2018. See Requests for CCRs at Attachment 3.
    \9\ Decree 793/2018. See Requests for CCRs at Attachment 2.
    \10\ Id.
    \11\ See GOA's October 11, 2018 Submission at 8.
    \12\ Id. (citing U.S. Census Data).
---------------------------------------------------------------------------

    Additionally, the GOA provided two correlating reasons for 
satisfying the ``good cause'' requirement pursuant to section 751(b)(4) 
of the Act. First, the GOA explained that the changes it has made to 
its export tax system, discussed above, have virtually eliminated the 
export tax differential among products in the soybean value chain. 
Specifically, prior to the issuance of the CVD order, in December 2017, 
products in the soybean value chain (except biodiesel) were subject to 
an export tax of 27 to 30 percent, while biodiesel was subject to an 
export tax rate of zero percent.\13\ As of September 2018, the export 
tax on soybean products has been reduced to 18 percent, and the export 
tax on biodiesel has been increased to 15 percent, reducing the export 
tax differential from approximately 30 percent to 3 percent.\14\ The 
GOA also noted its belief that the remaining three percent differential 
is offset by the Most-Favored Nation tariff of 4.6 percent applied to 
U.S. biodiesel imports.\15\ Second, the GOA notes that the imposition 
of the AD and CVD rates (ranging from 60.44 percent to 86.23 percent, 
and 71.45 percent to 72.28 percent, respectively) has completely closed 
the U.S. market for Argentine biodiesel, reducing Argentina's biodiesel 
exports to the United States from approximately $1.2 billion in 2016 to 
zero in 2018.\16\ The GOA notes the combined AD and CVD rates total at 
least 130 percent, depending on the producer and exporter.
---------------------------------------------------------------------------

    \13\ See Requests for CCRs at 3-4, Attachments 1-3.
    \14\ Id.
    \15\ See Requests for CCRs at 4.
    \16\ See GOA's October 11, 2018 Submission at 8.
---------------------------------------------------------------------------

    In considering the GOA's request for a CCR, we note that Commerce 
has initiated CCRs to address a wide variety of issues, some of which 
otherwise may or may not be addressed in the context of an annual 
administrative review.\17\

[[Page 56302]]

Here, although the issues raised by the GOA may be considered in the 
context of an administrative review under section 751(a) of the Act, 
there have been no shipments which could be the subject of an 
administrative review. Thus, under Commerce's normal administrative 
review procedures, we otherwise would not have an opportunity to review 
the substantial changes that the GOA has made to its export tax regime, 
which formed the basis for certain of our findings in the AD Final 
Determination and CVD Final Determination. These changes, as discussed 
in greater detail above, include legislative decrees that significantly 
reduced the export tax on soybeans and other soybean products which 
were examined in the underlying investigations, and imposed new export 
taxes on biodiesel and other goods which were not previously in place 
at the time of the investigations. In light of the above, including the 
information submitted by the GOA regarding a complete cessation of 
shipments of biodiesel from Argentina to the United States and the 
unique nature of the substantial changes to the GOA's export tax regime 
since the imposition of the Orders, we find that there is sufficient 
information and ``good cause'' to initiate CCRs.
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    \17\ See, e.g., Aluminum Extrusions from the People's Republic 
of China: Initiation and Preliminary Results of Expedited Changed 
Circumstances Review, 83 FR 34548 (July 20, 2018) (finding 
sufficient information to initiate a CCR to recalculate certain cash 
deposit rates); Certain Steel Nails From Malaysia: Initiation of 
Antidumping Duty Changed Circumstances Review, 80 FR 71772 (Nov. 17, 
2015) (finding sufficient information and ``good cause'' to initiate 
a CCR to evaluate whether a company was properly utilizing the 
correct cash deposit rate); Initiation of Changed Circumstances 
Countervailing Duty Administrative Reviews; Pure Magnesium and Alloy 
Magnesium From Canada, 57 FR 41473 (Sept. 10, 1992) (finding 
sufficient information and ``good cause'' to initiate a CCR to 
evaluate changes to the major subsidy program at issue in the 
underlying investigation).
---------------------------------------------------------------------------

    Therefore, we are initiating CCRs pursuant to sections 751(b)(1) 
and (4) of the Act and 19 CFR 351.216(c) and (d) to assess the impacts 
of the GOA's revised export tax regime on the AD Final Determination 
and CVD Final Determination, as discussed above.
    We intend to publish in the Federal Register a notice of 
preliminary results of the AD and CVD CCRs, in accordance with 19 CFR 
351.221(b)(4) and 351.221(c)(3)(i), which will set forth the factual 
and legal conclusions upon which our preliminary results are based, and 
a description of any action proposed based on these results. Pursuant 
to 19 CFR 351.221(b)(4), interested parties will have an opportunity to 
comment on the preliminary results. We will issue the final results of 
review no later than 270 days after publication of this notice of 
initiation in accordance with 19 CFR 351.216(e).
    This notice is published in accordance with section 751(b)(1) and 
777(i) of the Act and 19 CFR 351.221(c)(3) of the Act.

    Dated: November 5, 2018.
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

Scope of the Orders

    The product covered by these orders 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. These orders 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 these order.
    Biodiesel is generally produced to American Society for Testing 
and Materials International (ASTM) D6751 specifications, but it can 
also be made to other specifications. Biodiesel commonly has one of 
the following Chemical Abstracts Service (CAS) numbers, generally 
depending upon the feedstock used: 67784-80-9 (soybean oil methyl 
esters); 91051-34-2 (palm oil methyl esters); 91051-32-0 (palm 
kernel oil methyl esters); 73891-99-3 (rapeseed oil methyl esters); 
61788-61-2 (tallow methyl esters); 68990-52-3 (vegetable oil methyl 
esters); 129828-16-6 (canola oil methyl esters); 67762-26-9 
(unsaturated alkylcarboxylic acid methyl ester); or 68937-84-8 
(fatty acids, C12-C18, methyl ester).
    The B100 product subject to the orders 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. 2018-24689 Filed 11-9-18; 8:45 am]
 BILLING CODE 3510-DS-P
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