Notice2023-07040
Biodiesel From Argentina and Indonesia: Final Results of Expedited First Sunset Reviews of the Countervailing Duty Orders
Primary source
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Published
April 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of these expedited sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) orders on biodiesel from Argentina and Indonesia would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20130-20131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07040]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-357-821, C-560-831]
Biodiesel From Argentina and Indonesia: Final Results of
Expedited First Sunset Reviews of the Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the U.S.
Department of Commerce (Commerce) finds that revocation of the
countervailing duty (CVD) orders on biodiesel from Argentina and
Indonesia would be likely to lead to continuation or recurrence of
countervailable subsidies at the levels indicated in the ``Final
Results of Sunset Review'' section of this notice.
DATES: Applicable April 5, 2023.
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, 2018, Commerce published the CVD orders on biodiesel
from Argentina and Indonesia.\1\ On March 1, 2022, Commerce published
the notice of initiation of the first sunset reviews of the Orders,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\ Commerce received a timely notice of intent to participate
from Clean Fuels Alliance Fair Trade Coalition \3\ (Coalition) (the
[[Page 20131]]
domestic interested party) within the deadline specified in 19 CFR
351.218(d)(1)(i).\4\ The domestic interested party claimed interested
party status under section 771(9)(F) of the Act, as an association, a
majority of whose members are manufacturers, producers, or wholesalers
of a domestic like product in the United States.
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\1\ See Biodiesel from the Republic of Argentina and the
Republic of Indonesia: Countervailing Duty Orders, 83 FR 522
(January 4, 2018) (Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416
(March 1, 2022).
\3\ The Coalition members are: Clean Fuels Alliance America; Ag
Processing Inc. a cooperative; Kolmar Americas, Inc.; Archer Daniels
Midland Company; Cape Cod Biofuels; Crimson Renewable Energy LP;
Minnesota Soybean Processors; Seaboard Energy, Inc.; Iowa Renewable
Energy, LLC; Lake Erie Biofuels dba HERO BX; Renewable Biofuels,
LLC; Renewable Energy Group, Inc.; Western Dubuque Biodiesel, LLC;
Western Iowa Energy, LLC; World Energy, LLC; and Thumb BioEnergy
LLC.
\4\ See Domestic Interested Party's Letter, ``Five-Year
(``Sunset'') Review of Antidumping and Countervailing Duty Orders on
Biodiesel from Argentina: Notice of Intent to Participate,'' dated
December 16, 2022; see also Domestic Interested Party's Letter,
``Five-Year (``Sunset'') Review of Antidumping and Countervailing
Duty Orders on Biodiesel from Indonesia: Notice of Intent to
Participate,'' dated December 16, 2022.
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Commerce received a substantive response from the domestic
interested party within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce received no substantive response from any
other interested parties in these proceedings. On January 25, 2023,
Commerce notified the U.S. International Trade Commission that it did
not receive adequate substantive responses from any respondent
interested party in these proceedings.\6\ As a result, pursuant to
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce determined that the respondent interested party did not
provide an adequate response to the notice of initiation and,
therefore, Commerce conducted an expedited (120-day) sunset review of
the Orders.
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\5\ See Domestic Interested Party's Letters, ``Biodiesel from
Argentina: Substantive Response of the Clean Fuels Alliance Fair
Trade Coalition to Commerce's Notice of Initiation of the First Five
Year (``Sunset'') Review of the Countervailing Duty Order,'' dated
January 3, 2023 (Domestic Interested Party's Argentina Substantive
Response); and ``Biodiesel from Indonesia: Substantive Response of
the Clean Fuels Alliance Fair Trade Coalition to Commerce's Notice
of Initiation of the First Five Year (``Sunset'') Review of the
Countervailing Duty Order,'' dated January 3, 2023 (Domestic
Interested Party's Indonesia Substantive Response).
\6\ See Commerce's Letter, ``Sunset Reviews Initiated December
1, 2022,'' dated January 25, 2023.
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Scope of the Orders
The product covered by the Orders is biodiesel from Argentina and
Indonesia. For a complete description of the scope of the Orders, see
the Issues and Decision Memoranda.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited First Sunset Review of the Countervailing Duty Order on
Biodiesel from Argentina,'' dated concurrently with, and hereby
adopted by, this notice; see also Issues and Decision Memorandum for
the Expedited First Sunset Review of the Countervailing Duty Order
on Biodiesel from Indonesia,'' dated concurrently with, and hereby
adopted by, this notice (collectively, Issues and Decision
Memoranda).
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Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
Issues and Decision Memoranda. A list of topics discussed in each
Issues and Decision Memoranda is included as the appendix to this
notice. The Issues and Decision Memoranda are public documents and are
on file electronically via the 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, complete versions of the Issues and Decision Memoranda can be
accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the CVD order on biodiesel from Argentina
would be likely to lead to continuation or recurrence of
countervailable subsidies at the following rates:
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\8\ In the final determination of the CVD investigation,
Commerce found the following companies to be cross-owned with LDC
Argentina S.A.: LDC Semillas S.A. and Semillas del Rosario S.A. See
Orders, 83 FR at 522.
\9\ In the final determination of the CVD investigation,
Commerce found the following companies to be cross-owned with
Vicentin S.A.I.C.: Oleaginosa San Lorenzo S.A. and Los Amores S.A.
See Orders, 83 FR at 522.
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Subsidy rate
Company (percent ad
valorem)
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LDC Argentina S.A \8\................................... 72.28
Vicentin S.A.I.C \9\.................................... 71.45
All Others.............................................. 71.87
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Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the CVD order on biodiesel from Indonesia
would be likely to lead to continuation or recurrence of
countervailable subsidies at the following rates:
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Subsidy rate
Company (percent ad
valorem)
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Wilmar Trading Co., Ltd................................. 34.45
PT Musim Mas............................................ 64.73
All Others.............................................. 38.95
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Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely notification of the return or 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
Commerce is issuing and publishing the final results and this
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the
Act, and 19 CFR 351.218(e)(1)(ii)(C)(2).
Dated: March 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memoranda
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Countervailable
Subsidies
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-07040 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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