Biodiesel From Argentina: Final Results of Antidumping Duty Changed Circumstances Review, 27989-27991 [2020-10128]
Download as PDF
Federal Register / Vol. 85, No. 92 / Tuesday, May 12, 2020 / Notices
registered users at https://
access.trade.gov. In addition, a complete
version of the I&D Memo can be
accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed I&D Memo and
the electronic versions of the I&D Memo
are identical in content.
Final Results of Changed
Circumstances Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216, Commerce has
determined that sufficient changed
circumstances warranting a cash deposit
adjustment do not exist. As explained in
the I&D Memo, Argentina’s export tax
regime is in flux, leading Commerce to
conclude that there are not sufficient
changed circumstances to warrant such
an adjustment. Therefore, Commerce is
making no changes to the cash deposit
rates as listed in the order.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclose under APO in accordance with
19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(b)(1) and 777(i) of the
Act, and 19 CFR 351.216 and 19 CFR
351.222.
Dated: May 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
Attachment II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Results of Review
IV. Discussion of the Issues
Comment 1: Relevance of the GOA’s
Changes after the Preliminary Results
Comment 2: Whether Commerce Properly
Initiated the CCR
Comment 3: Whether Commerce Properly
Conducted the CCR
Comment 4: Whether a Financial
Contribution Still Exists
V. Recommendation
[FR Doc. 2020–10129 Filed 5–11–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–820]
Biodiesel From Argentina: Final
Results of Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 9, 2019, the
Department of Commerce (Commerce)
published the preliminary results of the
changed circumstances review (CCR) of
the antidumping duty (AD) order on
biodiesel from Argentina. For these final
results, Commerce continues to find that
there are insufficient changed
circumstances to warrant any revisions
under the AD order.
DATES: Applicable May 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
AGENCY:
Appendix I
Scope of the Order
The product covered by this order 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.
The order covers biodiesel in pure form
(B100) as well as fuel mixtures containing at
least 99 percent biodiesel by volume (B99).
For fuel mixtures containing less than 99
percent biodiesel by volume, only the
biodiesel component of the mixture is
covered by the scope of the 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
VerDate Sep<11>2014
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 order 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.
18:47 May 11, 2020
Jkt 250001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
27989
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
Background
On April 26, 2018, Commerce
published the AD order on biodiesel
from Argentina.1 On November 13,
2018, in response to a request submitted
by the Government of Argentina (GOA),
joined by Vicentin S.A.I.C. (Vicentin)
and LDC Argentina (LDC), Commerce
initiated a CCR for both the AD and
countervailing duty (CVD) orders.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
resumption of operations on January 29,
2019.3 On July 1, 2019, Commerce
issued the Preliminary Results and
placed additional information on the
record of the CCR, pursuant to 19 CFR
351.301(c)(4).4 Commerce preliminarily
found that the ‘‘particular market
situation’’ regarding the price of
soybeans as an element of the cost of
production of biodiesel in Argentina
still existed,5 and that no changes under
the AD order were warranted as a result
of the changed circumstances presented
by the GOA. In accordance with 19 CFR
351.309, Commerce invited parties to
comment on the Preliminary Results. On
July 5, 2019, Commerce provided
interested parties until July 12, 2019 to
place additional information on the
record in order to ‘‘rebut, clarify, or
correct’’ the information placed on the
record by Commerce.6
On July 12, 2019, the National
Biodiesel Board Fair Trade Coalition
(the petitioner), and LDC and Vicentin
submitted additional factual
information.7 On August 2, 2019,
1 See Biodiesel from the Republic of Argentina
and Indonesia: Antidumping Duty Orders, 83 FR
18279 (April 26, 2018) (Order).
2 See Biodiesel from Argentina: Initiation of
Changed Circumstances Reviews of the
Antidumping and Countervailing Duty Orders, 83
FR 56300 (November 13, 2018).
3 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019.
4 See Biodiesel from Argentina: Preliminary
Results of Changed Circumstances Reviews of the
Antidumping and Countervailing Duty Orders, 84
FR 32714 (July 9, 2019) (Preliminary Results); see
also Memorandum, ‘‘Additional Information
Concerning the Preliminary Changed Circumstances
Reviews of Biodiesel,’’ dated July 1, 2019.
5 See Preliminary Results, 84 FR at 32716–17.
6 See Memorandum, ‘‘Additional Information
Concerning the Preliminary Changed Circumstances
Reviews of Biodiesel,’’ dated July 5, 2019.
7 See Petitioner’s Letter, ‘‘Biodiesel from
Argentina: Factual Information Pursuant to 19 CFR
301(c)(4),’’ dated July 12, 2019; see also LDC
Argentina and Vicentin’s Letter, ‘‘Biodiesel from
E:\FR\FM\12MYN1.SGM
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12MYN1
27990
Federal Register / Vol. 85, No. 92 / Tuesday, May 12, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
Commerce put a hold on the deadlines
for case and rebuttal briefs.8 On
September 5, 2019, Commerce
reinstated deadlines for case and
rebuttal briefs.9
On September 11, 2019, the petitioner
requested an indefinite suspension of
the deadlines for briefs and the final
determination.10 On September 12,
2019, the GOA responded, stating that a
short extension of the deadlines would
be acceptable.11 On September 12, 2019,
Commerce issued a short extension of
the deadlines.12 The petitioner and the
GOA submitted case briefs on
September 17, 2019.13 On September
23, 2019, the petitioner and the GOA
submitted rebuttal briefs.14
On October 16, 2019, Commerce
placed additional factual information on
the record of this proceeding.15 In
response, the petitioner placed
additional factual information on the
record on October 24, 2019.16 Between
the time Commerce released its
Preliminary Results and the publication
of these final results, Commerce has
Argentina: Additional Information Concerning the
Preliminary Changed Circumstances Reviews of
Biodiesel,’’ dated July 12, 2019.
8 See Memorandum, ‘‘Changed Circumstances
Reviews of the Antidumping and Countervailing
Duty Orders on Biodiesel from Argentina: Holding
of Deadlines,’’ dated August 2, 2019.
9 See Memorandum, ‘‘Changed Circumstances
Reviews of the Antidumping and Countervailing
Duty Orders on Biodiesel from Argentina:
Publication of Verification Report and
Reinstatement of Deadlines,’’ dated September 5,
2019.
10 See Petitioner’s Letter, ‘‘Biodiesel from
Argentina: Request for Meeting and Extension of
Briefing Schedule,’’ dated September 11, 2019.
11 See GOA’s Letter, ‘‘Biodiesel from Argentina:
Response from the GOA to Petitioner’s Request for
Meeting and Extension of Briefing Schedule,’’ dated
September 12, 2019.
12 See Memorandum, ‘‘Changed Circumstances
Reviews of the Antidumping and Countervailing
Duty Orders on Biodiesel from Argentina: Deadline
for Case and Rebuttal Briefs and Hearing Requests;
Rejection of New Factual Information,’’ dated
September 12, 2019.
13 See Petitioner’s Case Brief, ‘‘Biodiesel from
Argentina: Petitioner’s Case Brief,’’ dated
September 17, 2019 (Petitioner’s Case Brief); see
also GOA’s Case Brief, ‘‘Biodiesel from Argentina
Changed Circumstances Review: Government of
Argentina Case Brief and Statement with Respect to
Public Hearing,’’ dated September 17, 2019 (GOA’s
Case Brief).
14 See Petitioner’s Rebuttal Brief, ‘‘Biodiesel from
Argentina: Rebuttal Brief on Behalf of the National
Biodiesel Board Fair Trade Coalition,’’ dated
September 23, 2019 (Petitioner’s Rebuttal Brief); see
also GOA’s Rebuttal Brief, ‘‘Biodiesel from
Argentina: Rebuttal Brief in AD Changed
Circumstances Review,’’ dated September 23, 2019
(GOA’s Rebuttal Brief).
15 See Memorandum, ‘‘Ex Parte Meeting with the
National Biodiesel Board and the American
Soybean Association,’’ dated October 16, 2019.
16 See Petitioner’s Letter, ‘‘Biodiesel from
Argentina: Petitioners’ Submission to Rebut,
Clarify, or Correct Information Placed on the
Record,’’ dated October 24, 2019.
VerDate Sep<11>2014
18:47 May 11, 2020
Jkt 250001
held numerous phone calls and
meetings with parties.17
Scope of the Order
The product covered by the Order is
biodiesel from Argentina. For a
complete description of the scope of the
Order, see Appendix I of this notice.
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs by parties to this
review in the Issues and Decision
Memorandum (I&D Memo).18 Attached
to this notice, in Appendix II, is a list
of the issues which parties raised. The
I&D Memo is a public document and on
file in the Central Records Unit (CRU),
Room B8024 of the main Commerce
building, as well as electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
17 Memorandum,
‘‘Email Exchange with Governor
Kim Reynolds,’’ dated July 16, 2019, Memorandum,
‘‘Ex Parte Discussion with Governor Kim
Reynolds,’’ dated July 25, 2019, Memorandum, ‘‘Ex
Parte Discussion with Congressman Darin LaHood,’’
dated July 25, 2019, Memorandum, ‘‘Ex Parte
Discussion with Senator Alexander’s Office,’’ dated
July 30, 2019, Memorandum, ‘‘Correspondence with
Minister Dante Sica,’’ dated August 15, 2019,
Memorandum, ‘‘Correspondence with Several U.S.
Senators,’’ dated August 15, 2019, Memorandum,
‘‘Ex Parte Discussions with the Government of
Argentina,’’ dated August 28, 2019, Memorandum,
‘‘Ex Parte Discussion with National Biodiesel
Board,’’ dated September 12, 2019, Memorandum,
‘‘Ex Parte Meeting with Senator Grassley’s Staff
Regarding Biodiesel Changed Circumstances
Reviews,’’ dated September 27, 2019,
Memorandum, ‘‘Ex Parte Meeting with National
Biodiesel Board,’’ dated September 30, 2019,
Memorandum, ‘‘Ex Parte Meeting with the National
Biodiesel Board and the American Soybean
Association,’’ dated October 16, 2019,
Memorandum, ‘‘Ex Parte Meeting with the
Petitioners,’’ dated October 18, 2019, Memorandum,
‘‘Ex Parte Meeting with the Government of
Argentina,’’ dated October 18, 2019, Memorandum,
‘‘Telephone call with Argentine Embassy Official
Regarding Changed Circumstances Reviews (CCR)
of Biodiesel from Argentina,’’ dated December 9,
2019, Memorandum, ‘‘Telephone call with
Representative Darin LaHood to discuss Changed
Circumstances Review (CCR) of Biodiesel from
Argentina,’’ dated November 26, 2019,
Memorandum, ‘‘Telephone call with Senator Chuck
Grassley to discuss Changed Circumstances
Reviews (CCR) of Biodiesel from Argentina,’’ dated
November 26, 2019, Memorandum, ‘‘Telephone call
with Ambassador Fernando Oris de Roa to discuss
Changed Circumstances Reviews (CCR) of Biodiesel
from Argentina,’’ dated December 5, 2019,
Memorandum, ‘‘Telephone call with the National
Biodiesel Board to discuss Changed Circumstances
Reviews of Biodiesel from Argentina,’’ dated
December 19, 2019, Memorandum, ‘‘Telephone call
with Senator Chuck Grassley to discuss Changed
Circumstances Reviews of Biodiesel from
Argentina,’’ dated December 19, 2019, and
Memorandum, ‘‘Telephone call with Congressman
Darin LaHood,’’ dated March 19, 2020.
18 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Changed Circumstances Review: Biodiesel
from Argentina,’’ dated concurrently with, and
hereby adopted by, this notice.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
registered users at https://
access.trade.gov. In addition, a complete
version of the I&D Memo can be
accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed I&D Memo and
the electronic versions of the I&D Memo
are identical in content.
Final Results of Changed
Circumstances Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216, Commerce
determines that there are insufficient
changed circumstances to warrant any
changes under the AD Order.
Cash Deposit Requirements and
Assessment
In light of our final results, Commerce
is not issuing instructions to U.S.
Customs and Border Protection.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclose under APO in accordance with
19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(b)(1) and 777(i) of the
Act, and 19 CFR 351.216 and 19 CFR
351.222.
Dated: May 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Order
The product covered by this order 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.
The order covers biodiesel in pure form
(B100) as well as fuel mixtures containing at
least 99 percent biodiesel by volume (B99).
For fuel mixtures containing less than 99
percent biodiesel by volume, only the
biodiesel component of the mixture is
covered by the scope of the 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
E:\FR\FM\12MYN1.SGM
12MYN1
Federal Register / Vol. 85, No. 92 / Tuesday, May 12, 2020 / 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 order 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.
Attachment II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Results of Review
IV. Discussion of the Issues
Comment 1: Relevance of the GOA’s
Changes after the Preliminary Results
Comment 2: Whether Commerce Properly
Initiated the CCR
Comment 3: Whether a Particular Market
Situation Still Exists
V. Recommendation
[FR Doc. 2020–10128 Filed 5–11–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–905]
4th Tier Cigarettes From the Republic
of Korea: Postponement of Preliminary
Determination in the Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable May 12, 2020.
FOR FURTHER INFORMATION CONTACT:
jbell on DSKJLSW7X2PROD with NOTICES
Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3936.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 2020, the Department of
Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation of
imports of 4th Tier Cigarettes
VerDate Sep<11>2014
18:47 May 11, 2020
Jkt 250001
(cigarettes) from the Republic of Korea.1
Currently, the preliminary
determination is due no later than May
26, 2020.
Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 190 days after the date on which
Commerce initiated the investigation if:
(A) The petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On April 28, 2020, the petitioner 2
submitted a timely request that
Commerce postpone the preliminary
determination in this LTFV
investigation.3 The petitioner requests
that Commerce fully extend the
deadline for the preliminary
determination to issue, if necessary,
supplemental questionnaires and
receive responses to those supplemental
questionnaires, and ‘‘allow all parties
ample time to fully and accurately
analyze the information on this record
prior to the preliminary determination
and ensure an accurate preliminary
calculation of dumping margins.’’ 4
For the reasons stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determination by 50
days (i.e., 190 days after the date on
which this investigation was initiated).
As a result, Commerce will issue its
preliminary determination no later than
1 See 4th Tier Cigarettes from the Republic of
Korea: Initiation of Less-Than-Fair-Value
Investigation, 85 FR 2390 (January 15, 2020).
2 The petitioner is the Coalition Against Korean
Cigarettes.
3 See Petitioner’s Letter, ‘‘4th Tier Cigarettes from
the Republic of Korea: Request to Postpone
Preliminary Determination,’’ dated April 28, 2020.
4 Id. at 2.
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Fmt 4703
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27991
July 15, 2020. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination in this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed.
Notification to Interested Parties
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: May 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–10130 Filed 5–11–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Large Pelagic Fishing Survey
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on January 7,
2020, during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Large Pelagic Fishing Survey.
OMB Control Number: 0648–0380.
Form Number(s): None.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 15,024.
Average Hours per Response: 11
minutes for a telephone interview; 5
minutes for a dockside interview; 11⁄2
minutes to respond to a follow-up
validation call for dockside interviews;
1 minute for a biological sampling of
catch.
Total Annual Burden Hours: 3,608.
Needs and Uses: This request is for
extension of a currently approved
E:\FR\FM\12MYN1.SGM
12MYN1
Agencies
[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 27989-27991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10128]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-820]
Biodiesel From Argentina: Final Results of Antidumping Duty
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 9, 2019, the Department of Commerce (Commerce)
published the preliminary results of the changed circumstances review
(CCR) of the antidumping duty (AD) order on biodiesel from Argentina.
For these final results, Commerce continues to find that there are
insufficient changed circumstances to warrant any revisions under the
AD order.
DATES: Applicable May 12, 2020.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On April 26, 2018, Commerce published the AD order on biodiesel
from Argentina.\1\ On November 13, 2018, in response to a request
submitted by the Government of Argentina (GOA), joined by Vicentin
S.A.I.C. (Vicentin) and LDC Argentina (LDC), Commerce initiated a CCR
for both the AD and countervailing duty (CVD) orders.\2\ Commerce
exercised its discretion to toll all deadlines affected by the partial
federal government closure from December 22, 2018 through the
resumption of operations on January 29, 2019.\3\ On July 1, 2019,
Commerce issued the Preliminary Results and placed additional
information on the record of the CCR, pursuant to 19 CFR
351.301(c)(4).\4\ Commerce preliminarily found that the ``particular
market situation'' regarding the price of soybeans as an element of the
cost of production of biodiesel in Argentina still existed,\5\ and that
no changes under the AD order were warranted as a result of the changed
circumstances presented by the GOA. In accordance with 19 CFR 351.309,
Commerce invited parties to comment on the Preliminary Results. On July
5, 2019, Commerce provided interested parties until July 12, 2019 to
place additional information on the record in order to ``rebut,
clarify, or correct'' the information placed on the record by
Commerce.\6\
---------------------------------------------------------------------------
\1\ See Biodiesel from the Republic of Argentina and Indonesia:
Antidumping Duty Orders, 83 FR 18279 (April 26, 2018) (Order).
\2\ See Biodiesel from Argentina: Initiation of Changed
Circumstances Reviews of the Antidumping and Countervailing Duty
Orders, 83 FR 56300 (November 13, 2018).
\3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019.
\4\ See Biodiesel from Argentina: Preliminary Results of Changed
Circumstances Reviews of the Antidumping and Countervailing Duty
Orders, 84 FR 32714 (July 9, 2019) (Preliminary Results); see also
Memorandum, ``Additional Information Concerning the Preliminary
Changed Circumstances Reviews of Biodiesel,'' dated July 1, 2019.
\5\ See Preliminary Results, 84 FR at 32716-17.
\6\ See Memorandum, ``Additional Information Concerning the
Preliminary Changed Circumstances Reviews of Biodiesel,'' dated July
5, 2019.
---------------------------------------------------------------------------
On July 12, 2019, the National Biodiesel Board Fair Trade Coalition
(the petitioner), and LDC and Vicentin submitted additional factual
information.\7\ On August 2, 2019,
[[Page 27990]]
Commerce put a hold on the deadlines for case and rebuttal briefs.\8\
On September 5, 2019, Commerce reinstated deadlines for case and
rebuttal briefs.\9\
---------------------------------------------------------------------------
\7\ See Petitioner's Letter, ``Biodiesel from Argentina: Factual
Information Pursuant to 19 CFR 301(c)(4),'' dated July 12, 2019; see
also LDC Argentina and Vicentin's Letter, ``Biodiesel from
Argentina: Additional Information Concerning the Preliminary Changed
Circumstances Reviews of Biodiesel,'' dated July 12, 2019.
\8\ See Memorandum, ``Changed Circumstances Reviews of the
Antidumping and Countervailing Duty Orders on Biodiesel from
Argentina: Holding of Deadlines,'' dated August 2, 2019.
\9\ See Memorandum, ``Changed Circumstances Reviews of the
Antidumping and Countervailing Duty Orders on Biodiesel from
Argentina: Publication of Verification Report and Reinstatement of
Deadlines,'' dated September 5, 2019.
---------------------------------------------------------------------------
On September 11, 2019, the petitioner requested an indefinite
suspension of the deadlines for briefs and the final determination.\10\
On September 12, 2019, the GOA responded, stating that a short
extension of the deadlines would be acceptable.\11\ On September 12,
2019, Commerce issued a short extension of the deadlines.\12\ The
petitioner and the GOA submitted case briefs on September 17, 2019.\13\
On September 23, 2019, the petitioner and the GOA submitted rebuttal
briefs.\14\
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\10\ See Petitioner's Letter, ``Biodiesel from Argentina:
Request for Meeting and Extension of Briefing Schedule,'' dated
September 11, 2019.
\11\ See GOA's Letter, ``Biodiesel from Argentina: Response from
the GOA to Petitioner's Request for Meeting and Extension of
Briefing Schedule,'' dated September 12, 2019.
\12\ See Memorandum, ``Changed Circumstances Reviews of the
Antidumping and Countervailing Duty Orders on Biodiesel from
Argentina: Deadline for Case and Rebuttal Briefs and Hearing
Requests; Rejection of New Factual Information,'' dated September
12, 2019.
\13\ See Petitioner's Case Brief, ``Biodiesel from Argentina:
Petitioner's Case Brief,'' dated September 17, 2019 (Petitioner's
Case Brief); see also GOA's Case Brief, ``Biodiesel from Argentina
Changed Circumstances Review: Government of Argentina Case Brief and
Statement with Respect to Public Hearing,'' dated September 17, 2019
(GOA's Case Brief).
\14\ See Petitioner's Rebuttal Brief, ``Biodiesel from
Argentina: Rebuttal Brief on Behalf of the National Biodiesel Board
Fair Trade Coalition,'' dated September 23, 2019 (Petitioner's
Rebuttal Brief); see also GOA's Rebuttal Brief, ``Biodiesel from
Argentina: Rebuttal Brief in AD Changed Circumstances Review,''
dated September 23, 2019 (GOA's Rebuttal Brief).
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On October 16, 2019, Commerce placed additional factual information
on the record of this proceeding.\15\ In response, the petitioner
placed additional factual information on the record on October 24,
2019.\16\ Between the time Commerce released its Preliminary Results
and the publication of these final results, Commerce has held numerous
phone calls and meetings with parties.\17\
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\15\ See Memorandum, ``Ex Parte Meeting with the National
Biodiesel Board and the American Soybean Association,'' dated
October 16, 2019.
\16\ See Petitioner's Letter, ``Biodiesel from Argentina:
Petitioners' Submission to Rebut, Clarify, or Correct Information
Placed on the Record,'' dated October 24, 2019.
\17\ Memorandum, ``Email Exchange with Governor Kim Reynolds,''
dated July 16, 2019, Memorandum, ``Ex Parte Discussion with Governor
Kim Reynolds,'' dated July 25, 2019, Memorandum, ``Ex Parte
Discussion with Congressman Darin LaHood,'' dated July 25, 2019,
Memorandum, ``Ex Parte Discussion with Senator Alexander's Office,''
dated July 30, 2019, Memorandum, ``Correspondence with Minister
Dante Sica,'' dated August 15, 2019, Memorandum, ``Correspondence
with Several U.S. Senators,'' dated August 15, 2019, Memorandum,
``Ex Parte Discussions with the Government of Argentina,'' dated
August 28, 2019, Memorandum, ``Ex Parte Discussion with National
Biodiesel Board,'' dated September 12, 2019, Memorandum, ``Ex Parte
Meeting with Senator Grassley's Staff Regarding Biodiesel Changed
Circumstances Reviews,'' dated September 27, 2019, Memorandum, ``Ex
Parte Meeting with National Biodiesel Board,'' dated September 30,
2019, Memorandum, ``Ex Parte Meeting with the National Biodiesel
Board and the American Soybean Association,'' dated October 16,
2019, Memorandum, ``Ex Parte Meeting with the Petitioners,'' dated
October 18, 2019, Memorandum, ``Ex Parte Meeting with the Government
of Argentina,'' dated October 18, 2019, Memorandum, ``Telephone call
with Argentine Embassy Official Regarding Changed Circumstances
Reviews (CCR) of Biodiesel from Argentina,'' dated December 9, 2019,
Memorandum, ``Telephone call with Representative Darin LaHood to
discuss Changed Circumstances Review (CCR) of Biodiesel from
Argentina,'' dated November 26, 2019, Memorandum, ``Telephone call
with Senator Chuck Grassley to discuss Changed Circumstances Reviews
(CCR) of Biodiesel from Argentina,'' dated November 26, 2019,
Memorandum, ``Telephone call with Ambassador Fernando Oris de Roa to
discuss Changed Circumstances Reviews (CCR) of Biodiesel from
Argentina,'' dated December 5, 2019, Memorandum, ``Telephone call
with the National Biodiesel Board to discuss Changed Circumstances
Reviews of Biodiesel from Argentina,'' dated December 19, 2019,
Memorandum, ``Telephone call with Senator Chuck Grassley to discuss
Changed Circumstances Reviews of Biodiesel from Argentina,'' dated
December 19, 2019, and Memorandum, ``Telephone call with Congressman
Darin LaHood,'' dated March 19, 2020.
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Scope of the Order
The product covered by the Order is biodiesel from Argentina. For a
complete description of the scope of the Order, see Appendix I of this
notice.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
parties to this review in the Issues and Decision Memorandum (I&D
Memo).\18\ Attached to this notice, in Appendix II, is a list of the
issues which parties raised. The I&D Memo is a public document and on
file in the Central Records Unit (CRU), Room B8024 of the main Commerce
building, as well as 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. In addition, a complete version of the I&D Memo can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed I&D Memo and the electronic versions of the
I&D Memo are identical in content.
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\18\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Changed Circumstances Review:
Biodiesel from Argentina,'' dated concurrently with, and hereby
adopted by, this notice.
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Final Results of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce determines that there are
insufficient changed circumstances to warrant any changes under the AD
Order.
Cash Deposit Requirements and Assessment
In light of our final results, Commerce is not issuing instructions
to U.S. Customs and Border Protection.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclose under APO in accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return/destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and terms of APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(b)(1) and 777(i) of the Act, and 19 CFR
351.216 and 19 CFR 351.222.
Dated: May 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The product covered by this order 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 order covers biodiesel in pure form (B100) as well as
fuel mixtures containing at least 99 percent biodiesel by volume
(B99). For fuel mixtures containing less than 99 percent biodiesel
by volume, only the biodiesel component of the mixture is covered by
the scope of the 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
[[Page 27991]]
(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 order 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.
Attachment II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Results of Review
IV. Discussion of the Issues
Comment 1: Relevance of the GOA's Changes after the Preliminary
Results
Comment 2: Whether Commerce Properly Initiated the CCR
Comment 3: Whether a Particular Market Situation Still Exists
V. Recommendation
[FR Doc. 2020-10128 Filed 5-11-20; 8:45 am]
BILLING CODE 3510-DS-P