Biodiesel From Argentina: Final Results of Countervailing Duty Changed Circumstances Review, 27987-27989 [2020-10129]

Download as PDF Federal Register / Vol. 85, No. 92 / Tuesday, May 12, 2020 / Notices companies, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b).2 On January 17, 2020, pursuant to this request, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice initiating an administrative review of the AD order on LWTP from China.3 On March 26, 2020, Appvion withdrew its request for an administrative review with respect to all companies for which it requested a review.4 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending the deadline for these results until September 21, 2020.5 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. Appvion timely submitted a request to withdraw its request for administrative review for all companies for which an administrative review was initiated. No other party requested an administrative review of the order. Therefore, in accordance 19 CFR 351.213(d)(1), we are rescinding this review, in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of LWTP from China. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register. jbell on DSKJLSW7X2PROD with NOTICES 2 See Appvion’s Letter, ‘‘Lightweight Thermal Paper From The People’s Republic Of China: Request For Administrative Review,’’ dated December 2, 2019. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 3014 (January 17, 2020). 4 See Appvion’s Letter, ‘‘Lightweight Thermal Paper from The People’s Republic of China: Withdrawal Of Request For Administrative Review,’’ dated March 26, 2020. 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. VerDate Sep<11>2014 18:47 May 11, 2020 Jkt 250001 Notification to Importers This notice serves as the only reminder to importers whose entries will be liquidated as a result of this rescission notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of the antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to all 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. 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 an APO is a violation which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: May 6, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–10072 Filed 5–11–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–357–821] Biodiesel From Argentina: Final Results of Countervailing 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 countervailing duty (CVD) order on biodiesel from Argentina. For these final results, Commerce finds that sufficient changed circumstances do not exist AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 27987 warranting a recalculation of the CVD deposit rates in the 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 January 4, 2019, Commerce published the CVD 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 CVD and antidumping duty (AD) 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 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.5 On July 12, 2019, the National Biodiesel Board Fair Trade Coalition (the petitioner), and LDC and Vicentin submitted additional factual information.6 On July 29, 2019, the 1 See Biodiesel from the Republic of Argentina and the Republic of Indonesia: Countervailing Duty Orders, 83 FR 552 (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) (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 Memorandum, ‘‘Additional Information Concerning the Preliminary Changed Circumstances Reviews of Biodiesel,’’ dated July 5, 2019. 6 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 Continued 12MYN1 27988 Federal Register / Vol. 85, No. 92 / Tuesday, May 12, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES petitioner requested that Commerce conduct a verification of factual information.7 The petitioner claimed that there was ‘‘good cause’’ to request a verification in this CCR because the ‘‘complexity of the record compel{ed} a more thorough understanding of the GOA’s recent export tax modifications.’’ 8 Recognizing that verification would impede Commerce’s ability to meet its original September 19, 2019 deadline, the petitioner also requested an extension of the final deadline.9 On August 2, 2019, Commerce temporarily put a hold on the deadlines for case and rebuttal briefs.10 Commerce issued its verification agenda to the GOA on August 2, 2019.11 The petitioner submitted its preverification comments on August 19, 2019.12 Commerce conducted its verification of the GOA on August 26, 2019.13 On September 5, 2019, Commerce released its verification report regarding the GOA.14 On September 5, 2019, Commerce reinstated the deadlines for case and rebuttal briefs.15 On September 11, 2019, the petitioner requested an indefinite suspension of the deadlines for briefs and the final determination.16 The petitioner requested that Commerce accept new factual information on Argentina: Additional Information Concerning the Preliminary Changed Circumstances Reviews of Biodiesel,’’ dated July 12, 2019. 7 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Petitioner’s Request for Verification,’’ dated July 29, 2019. 8 Id. at 3. 9 Id. at 4–5. 10 See Memorandum, ‘‘Changed Circumstances Reviews of the Antidumping and Countervailing Duty Orders on Biodiesel from Argentina: Holding of Deadlines,’’ dated August 2, 2019. 11 See Memorandum, ‘‘Changed Circumstances Review of the Countervailing Duty Order on Biodiesel from Argentina; Verification of Information Submitted by the Government of Argentina,’’ dated August 2, 2019. 12 See Petitioner’s Letter,’’ Biodiesel from Argentina: Coalition’s Comments Regarding Commerce’s Verification of Government of Argentina,’’ dated August 19, 2019. 13 See Memorandum, ‘‘Changed Circumstances Review of the Countervailing Duty Order on Biodiesel from Argentina: Verification Date,’’ dated August 7, 2019. 14 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. 15 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. 16 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Request for Meeting and Extension of Briefing Schedule,’’ dated September 11, 2019. VerDate Sep<11>2014 18:47 May 11, 2020 Jkt 250001 September 11, 2019.17 On September 12, 2019, the GOA responded, stating that a short extension of the deadlines was acceptable.18 On September 12, 2019, Commerce issued a short extension of deadlines.19 Commerce rejected the petitioner’s request to include new factual information on the record on September 18, 2019.20 On September 17, 2019, the petitioner requested a public hearing regarding the CCR.21 The petitioner and the GOA submitted case briefs on September 17, 2019.22 On September 23, 2019, the petitioner and the GOA submitted rebuttal briefs.23 Pursuant to the petitioner’s request, Commerce held a public hearing on September 26, 2019.24 On October 16, 2019, Commerce placed additional factual information on the record of this proceeding.25 In response, the petitioner placed additional factual information on the record on October 24, 2019.26 Between the time Commerce released its Preliminary Results and the publication of these Final Results, Commerce has 17 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Request to Expand Record to Include Factual Information Regarding Political Developments in Argentina,’’ dated September 11, 2019. 18 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. 19 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. 20 See Memorandum, ‘‘Changed Circumstances Review of the Countervailing Duty Order on Biodiesel from Argentina: Rejection of Document from the Administrative Record,’’ dated September 18, 2019. 21 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Petitioner’s Hearing Request,’’ dated September 17, 2019. 22 See Petitioner’s Case Brief, ‘‘Biodiesel from Argentina: Petitioner’s Case Brief,’’ dated September 17, 2019; 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. 23 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. 24 See Hearing Transcript, ‘‘In the Matter of: The Changed Circumstances Review of the Countervailing Duty Order on Biodiesel from Argentina,’’ dated September 26, 2019. 25 See Memorandum, ‘‘Ex Parte Meeting with the National Biodiesel Board and the American Soybean Association,’’ dated October 16, 2019. 26 See Petitioner’s Letter, ‘‘Biodiesel from Argentina: Petitioners’ Submission to Rebut, Clarify, or Correct Information Placed on the Record,’’ dated October 24, 2019. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 held numerous phone calls and meetings with parties.27 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 the appendix to 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).28 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 27 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. 28 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. E:\FR\FM\12MYN1.SGM 12MYN1 Federal Register / Vol. 85, No. 92 / Tuesday, May 12, 2020 / Notices registered users at http:// access.trade.gov. In addition, a complete version of the I&D Memo can be accessed directly on the internet at http://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 Continued 12MYN1

Agencies

[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 27987-27989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10129]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-821]


Biodiesel From Argentina: Final Results of Countervailing 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 countervailing duty (CVD) order on biodiesel from 
Argentina. For these final results, Commerce finds that sufficient 
changed circumstances do not exist warranting a recalculation of the 
CVD deposit rates in the 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 January 4, 2019, Commerce published the CVD 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 CVD and antidumping duty (AD) 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\ 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.\5\
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    \1\ See Biodiesel from the Republic of Argentina and the 
Republic of Indonesia: Countervailing Duty Orders, 83 FR 552 
(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) (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 Memorandum, ``Additional Information Concerning the 
Preliminary Changed Circumstances Reviews of Biodiesel,'' dated July 
5, 2019.
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    On July 12, 2019, the National Biodiesel Board Fair Trade Coalition 
(the petitioner), and LDC and Vicentin submitted additional factual 
information.\6\ On July 29, 2019, the

[[Page 27988]]

petitioner requested that Commerce conduct a verification of factual 
information.\7\ The petitioner claimed that there was ``good cause'' to 
request a verification in this CCR because the ``complexity of the 
record compel{ed{time}  a more thorough understanding of the GOA's 
recent export tax modifications.'' \8\ Recognizing that verification 
would impede Commerce's ability to meet its original September 19, 2019 
deadline, the petitioner also requested an extension of the final 
deadline.\9\ On August 2, 2019, Commerce temporarily put a hold on the 
deadlines for case and rebuttal briefs.\10\
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    \6\ 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.
    \7\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioner's Request for Verification,'' dated July 29, 2019.
    \8\ Id. at 3.
    \9\ Id. at 4-5.
    \10\ See Memorandum, ``Changed Circumstances Reviews of the 
Antidumping and Countervailing Duty Orders on Biodiesel from 
Argentina: Holding of Deadlines,'' dated August 2, 2019.
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    Commerce issued its verification agenda to the GOA on August 2, 
2019.\11\ The petitioner submitted its pre-verification comments on 
August 19, 2019.\12\ Commerce conducted its verification of the GOA on 
August 26, 2019.\13\ On September 5, 2019, Commerce released its 
verification report regarding the GOA.\14\
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    \11\ See Memorandum, ``Changed Circumstances Review of the 
Countervailing Duty Order on Biodiesel from Argentina; Verification 
of Information Submitted by the Government of Argentina,'' dated 
August 2, 2019.
    \12\ See Petitioner's Letter,'' Biodiesel from Argentina: 
Coalition's Comments Regarding Commerce's Verification of Government 
of Argentina,'' dated August 19, 2019.
    \13\ See Memorandum, ``Changed Circumstances Review of the 
Countervailing Duty Order on Biodiesel from Argentina: Verification 
Date,'' dated August 7, 2019.
    \14\ 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.
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    On September 5, 2019, Commerce reinstated the deadlines for case 
and rebuttal briefs.\15\ On September 11, 2019, the petitioner 
requested an indefinite suspension of the deadlines for briefs and the 
final determination.\16\ The petitioner requested that Commerce accept 
new factual information on September 11, 2019.\17\ On September 12, 
2019, the GOA responded, stating that a short extension of the 
deadlines was acceptable.\18\ On September 12, 2019, Commerce issued a 
short extension of deadlines.\19\ Commerce rejected the petitioner's 
request to include new factual information on the record on September 
18, 2019.\20\
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    \15\ 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.
    \16\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Request for Meeting and Extension of Briefing Schedule,'' dated 
September 11, 2019.
    \17\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Request to Expand Record to Include Factual Information Regarding 
Political Developments in Argentina,'' dated September 11, 2019.
    \18\ 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.
    \19\ 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.
    \20\ See Memorandum, ``Changed Circumstances Review of the 
Countervailing Duty Order on Biodiesel from Argentina: Rejection of 
Document from the Administrative Record,'' dated September 18, 2019.
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    On September 17, 2019, the petitioner requested a public hearing 
regarding the CCR.\21\ The petitioner and the GOA submitted case briefs 
on September 17, 2019.\22\ On September 23, 2019, the petitioner and 
the GOA submitted rebuttal briefs.\23\ Pursuant to the petitioner's 
request, Commerce held a public hearing on September 26, 2019.\24\
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    \21\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioner's Hearing Request,'' dated September 17, 2019.
    \22\ See Petitioner's Case Brief, ``Biodiesel from Argentina: 
Petitioner's Case Brief,'' dated September 17, 2019; 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.
    \23\ 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.
    \24\ See Hearing Transcript, ``In the Matter of: The Changed 
Circumstances Review of the Countervailing Duty Order on Biodiesel 
from Argentina,'' dated September 26, 2019.
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    On October 16, 2019, Commerce placed additional factual information 
on the record of this proceeding.\25\ In response, the petitioner 
placed additional factual information on the record on October 24, 
2019.\26\ 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.\27\
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    \25\ See Memorandum, ``Ex Parte Meeting with the National 
Biodiesel Board and the American Soybean Association,'' dated 
October 16, 2019.
    \26\ See Petitioner's Letter, ``Biodiesel from Argentina: 
Petitioners' Submission to Rebut, Clarify, or Correct Information 
Placed on the Record,'' dated October 24, 2019.
    \27\ 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 the appendix to 
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).\28\ 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

[[Page 27989]]

registered users at http://access.trade.gov. In addition, a complete 
version of the I&D Memo can be accessed directly on the internet at 
http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and 
the electronic versions of the I&D Memo are identical in content.
---------------------------------------------------------------------------

    \28\ 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 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.

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 (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 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