Notice2023-06923
Biodiesel From Argentina and Indonesia: Final Results of Expedited Sunset Reviews of the Antidumping Duty Orders
Primary source
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Published
April 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of these expedited sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on biodiesel from Argentina and Indonesia would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 64 (Tuesday, April 4, 2023)</title>
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[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 19920-19921]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06923]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-820, A-560-830]
Biodiesel From Argentina and Indonesia: Final Results of
Expedited Sunset Reviews of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the Department
of Commerce (Commerce) finds that revocation of the antidumping duty
(AD) orders on biodiesel from Argentina and Indonesia would be likely
to lead to continuation or recurrence of dumping at the levels
indicated in the ``Final Results of Review'' section of this notice.
DATES: Applicable April 4, 2023.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482-5255.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2022, Commerce published the notice of initiation of
the sunset review of the AD orders on biodiesel from Argentina and
Indonesia,\1\ pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On December 16, 2022, Commerce received a notice
of intent to participate from the domestic interested party \3\ for
both of the Orders in accordance with 19 CFR 351.218(d)(1)(i).\4\ The
domestic
[[Page 19921]]
interested party claimed domestic interested party status under section
771(9)(F) of the Act, as an association a majority of whose members are
manufacturers of domestic like product in the United States.\5\ On
January 3, 2023, the domestic interested party submitted a timely
substantive response for both sunset reviews within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).\6\ Commerce did not receive a
substantive response from any other interested parties with respect to
the Orders covered by these sunset reviews. On January 25, 2023,
Commerce notified the U.S. International Trade Commission that it did
not receive an adequate substantive response from respondent interested
parties in either of these sunset reviews.\7\ As a result, pursuant to
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted expedited (120-day) sunset reviews of these Orders.
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\1\ See Biodiesel from Argentina and Indonesia: Antidumping Duty
Orders, 83 FR 18278 (April 26, 2018) (Orders).
\2\ See Initiation of Five-Year (Sunset) Review, 87 FR 73757
(December 1, 2022).
\3\ The domestic interested party is the Clean Fuels Alliance
Fair Trade Coalition (the Coalition). The Coalition consists of the
following members: Ag Processing Inc. a Cooperative; Archer Daniels
Midland Company; Clean Fuels Alliance Fair Trade Coalition; Cape Cod
Biofuels; Clean Fuels Alliance America; Crimson Renewable Energy LP;
Iowa Renewable Energy; LLC, Kolmar Americas, Inc.; Lake Erie
Biofuels dba HERO BX, Minnesota Soybean Processors, Renewable
Biofuels, LLC; Renewable Energy Group, Inc.; Seaboard Energy, Inc.;
Thumb BioEnergy LLC; Western Dubuque Biodiesel, LLC; Western Iowa
Energy, LLC; and World Energy, LLC.
\4\ See Domestic Interested Party's Letters, ``Five-Year
(``Sunset'') Review of Antidumping and Countervailing Duty Orders on
Biodiesel from Argentina: Notice of Intent to Participate,'' dated
December 16, 2022; and ``Five-Year (``Sunset'') Review of
Antidumping and Countervailing Duty Orders on Biodiesel from
Indonesia: Notice of Intent to Participate,'' dated December 16,
2022.
\5\ Id.
\6\ See Domestic Interested Party's Letters, ``Substantive
Response of Domestic Producers to Notice of Initiation,'' dated
January 3, 2023 (Substantive Response Argentina); and ``Substantive
Response of Domestic Producers to Notice of Initiation,'' dated
January 3, 2023 (Substantive Response Indonesia).
\7\ See Commerce's Letter, ``Sunset Reviews Initiated on
December 2, 2022,'' dated January 25, 2023.
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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
Orders. 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.
Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
Issues and Decision Memorandum, including the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
of dumping likely to prevail if these Orders were revoked. A list of
topics discussed in the Issues and Decision Memorandum is included as
an appendix to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNotices/ListLayout.aspx">https://access.trade.gov/public/FRNotices/ListLayout.aspx</a>.
Final Results of Sunset Reviews
Pursuant to sections 751(c) and 752(c) of the Act, Commerce
determines that revocation of the Orders would be likely to lead to
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail would be weighted-average margins of
up to 86.23 percent for Argentina and up to 276.65 percent for
Indonesia.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely notification of the
destruction of APO materials or conversion to judicial protective
orders 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
We are issuing and publishing these final results in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR
351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: March 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2023-06923 Filed 4-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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