Enforcement and Compliance, International Trade Administration, Department of Commerce.
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.
Applicable May 12, 2020.
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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.
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On April 26, 2018, Commerce published the AD order on biodiesel from Argentina.
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.
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.
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).
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,
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.
On July 12, 2019, the National Biodiesel Board Fair Trade Coalition (the petitioner), and LDC and Vicentin submitted additional factual information.
On August 2, 2019, Start Printed Page 27990Commerce put a hold on the deadlines for case and rebuttal briefs.
On September 5, 2019, Commerce reinstated deadlines for case and rebuttal briefs.
On September 11, 2019, the petitioner requested an indefinite suspension of the deadlines for briefs and the final determination.
On September 12, 2019, the GOA responded, stating that a short extension of the deadlines would be acceptable.
On September 12, 2019, Commerce issued a short extension of the deadlines.
The petitioner and the GOA submitted case briefs on September 17, 2019.
On September 23, 2019, the petitioner and the GOA submitted rebuttal briefs.
On October 16, 2019, Commerce placed additional factual information on the record of this proceeding.
In response, the petitioner placed additional factual information on the record on October 24, 2019.
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.
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).
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 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 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.
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 Start Printed 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.
List of Topics Discussed in the Issues and Decision Memorandum
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
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[FR Doc. 2020-10128 Filed 5-11-20; 8:45 am]
BILLING CODE 3510-DS-P