Notice2023-12827
Biodiesel From Argentina and Indonesia: Continuation of Antidumping Duty Orders and Countervailing Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 15, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders and countervailing duty (CVD) orders on biodiesel from Argentina and Indonesia would likely lead to the continuation or recurrence of dumping, and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 115 (Thursday, June 15, 2023)</title>
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[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39223-39224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12827]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-820, C-357-821, A-560-830, C-560-831]
Biodiesel From Argentina and Indonesia: Continuation of
Antidumping Duty Orders and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders and countervailing
duty (CVD) orders on biodiesel from Argentina and Indonesia would
likely lead to the continuation or recurrence of dumping, and
countervailable subsidies, and material injury to an industry in the
United States, Commerce is publishing a notice of continuation of these
AD and CVD orders.
DATES: Applicable June 8, 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, and April 26, 2018, Commerce published in the Federal
Register the AD and CVD orders on biodiesel from Argentina and India,
respectively.\1\ On December 1, 2022, the ITC instituted,\2\ and
Commerce initiated,\3\ the first sunset review of the Orders, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its reviews, Commerce determined that revocation of the
Orders would likely lead to the continuation or recurrence of dumping
and countervailable subsidies, and therefore, notified the ITC of the
magnitude of the margins of dumping and subsidy rates likely to prevail
should the Orders be revoked.\4\
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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), and Biodiesel from the Republic of Argentina and
the Republic of Indonesia: Antidumping Duty Orders, 83 FR 18278
(April 26, 2018) (collectively, Orders); see also Biodiesel from the
Republic of Argentina and the Republic of Indonesia: Countervailing
Duty Orders, 83 FR 3114 (January 23, 2018) (correction to the CVD
order).
\2\ See Biodiesel from Argentina and Indonesia; Institution of
Five-Year Reviews, 87 FR 73781 (December 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\4\ See Biodiesel from Argentina and Indonesia: Final Results of
Expedited Sunset Reviews of the Antidumping Duty Orders, 88 FR 19920
(April 4, 2023), and accompanying Issues and Decision Memorandum
(IDM) and Biodiesel from Argentina and Indonesia: Final Results of
Expedited First Sunset Reviews of the Countervailing Duty Orders, 88
FR 20130 (April 5, 2023), and accompanying IDM.
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On June 8, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Biodiesel from Argentina and Indonesia, 88 FR 37579
(June 8, 2023) (ITC Final Determination).
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Scope of the Orders
The product covered by the Orders is biodiesel, which is a fuel
comprised of mono-alkyl esters of long chain fatty acids derived from
vegetable oils or animal fats, including biologically-based waste oils
or greases, and other biologically-based oil or fat sources. The 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 the 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.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD cash
deposits at the rates in effect at the time
[[Page 39224]]
of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be June
8, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30 days prior to fifth anniversary of the
date of the last determination by the Commission.
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\6\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final 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(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
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
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: June 9, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12827 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P
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