516 Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices 

1See Petitioner’s letter, ‘‘Petition for 

Antidumping and Countervailing Duties: Sodium 

Gluconate, Gluconic Acid, and Derivative Products 

from the People’s Republic of China and France,’’ 

dated November 30, 2017 (the Petitions). 

The scope of the investigation excludes the 

following items: (1) Structural plywood (also 

known as ‘‘industrial plywood’’ or 

‘‘industrial panels’’) that is manufactured to 

meet U.S. Products Standard PS 1–09, PS 2– 

09, or PS 2–10 for Structural Plywood 

(including any revisions to that standard or 

any substantially equivalent international 

standard intended for structural plywood), 

and which has both a face and a back veneer 

of coniferous wood; (2) products which have 

a face and back veneer of cork; (3) 

multilayered wood flooring, as described in 

the antidumping duty and countervailing 

duty orders on Multilayered Wood Flooring 

from the People’s Republic of China, Import 

Administration, International Trade 

Administration. See Multilayered Wood 

Flooring from the People’s Republic of China, 

76 FR 76690 (December 8, 2011) (amended 

final determination of sales at less than fair 

value and antidumping duty order), and 

Multilayered Wood Flooring from the 

People’s Republic of China, 76 FR 76693 

(December 8, 2011) (countervailing duty 

order), as amended by Multilayered Wood 

Flooring from the People’s Republic of China: 

Amended Antidumping and Countervailing 

Duty Orders, 77 FR 5484 (February 3, 2012); 

(4) multilayered wood flooring with a face 

veneer of bamboo or composed entirely of 

bamboo; (5) plywood which has a shape or 

design other than a flat panel, with the 

exception of any minor processing described 

above; (6) products made entirely from 

bamboo and adhesives (also known as ‘‘solid 

bamboo’’); and (7) Phenolic Film Faced 

Plyform (PFF), also known as Phenolic 

Surface Film Plywood (PSF), defined as a 

panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’ 

bond classification as is defined by The 

Engineered Wood Association, having an 

opaque phenolic film layer with a weight 

equal to or greater than 90g/m3 permanently 

bonded on both the face and back veneers 

and an opaque, moisture resistant coating 

applied to the edges. 

Excluded from the scope of this 

investigation are wooden furniture goods 

that, at the time of importation, are fully 

assembled and are ready for their intended 

uses. Also excluded from the scope of this 

investigation is ‘‘ready to assemble’’ (RTA) 

furniture. RTA furniture is defined as (A) 

furniture packaged for sale for ultimate 

purchase by an end-user that, at the time of 

importation, includes (1) all wooden 

components (in finished form) required to 

assemble a finished unit of furniture, (2) all 

accessory parts (e.g., screws, washers, 

dowels, nails, handles, knobs, adhesive 

glues) required to assemble a finished unit of 

furniture, and (3) instructions providing 

guidance on the assembly of a finished unit 

of furniture; (B) unassembled bathroom 

vanity cabinets, having a space for one or 

more sinks, that are imported with all 

unassembled hardwood and hardwood 

plywood components that have been cut-tofinal dimensional component shape/size, 

painted or stained prior to importation, and 

stacked within a singled shipping package, 

except for furniture feet which may be 

packed and shipped separately; or (C) 

unassembled bathroom vanity linen closets 

that are imported with all unassembled 

hardwood and hardwood plywood 

components that have been cut-to-final 

dimensional shape/size, painted or stained 

prior to importation, and stacked within a 

single shipping package, except for furniture 

feet which may be packed and shipped 

separately. 

Excluded from the scope of this 

investigation are kitchen cabinets that, at the 

time of importation, are fully assembled and 

are ready for their intended uses. Also 

excluded from the scope of this investigation 

are RTA kitchen cabinets. RTA kitchen 

cabinets are defined as kitchen cabinets 

packaged for sale for ultimate purchase by an 

end-user that, at the time of importation, 

includes (1) all wooden components (in 

finished form) required to assemble a 

finished unit of cabinetry, (2) all accessory 

parts (e.g., screws, washers, dowels, nails, 

handles, knobs, hooks, adhesive glues) 

required to assemble a finished unit of 

cabinetry, and (3) instructions providing 

guidance on the assembly of a finished unit 

of cabinetry. 

Excluded from the scope of this 

investigation are finished table tops, which 

are table tops imported in finished form with 

pre-cut or drilled openings to attach the 

underframe or legs. The table tops are ready 

for use at the time of import and require no 

further finishing or processing. 

Excluded from the scope of this 

investigation are finished countertops that 

are imported in finished form and require no 

further finishing or manufacturing. 

Excluded from the scope of this 

investigation are laminated veneer lumber 

door and window components with (1) a 

maximum width of 44 millimeters, a 

thickness from 30 millimeters to 72 

millimeters, and a length of less than 2413 

millimeters (2) water boiling point exterior 

adhesive, (3) a modulus of elasticity of 

1,500,000 pounds per square inch or higher, 

(4) finger-jointed or lap-jointed core veneer 

with all layers oriented so that the grain is 

running parallel or with no more than 3 

dispersed layers of veneer oriented with the 

grain running perpendicular to the other 

layers; and (5) top layer machined with a 

curved edge and one or more profile 

channels throughout. 

Imports of hardwood plywood are 

primarily entered under the following 

Harmonized Tariff Schedule of the United 

States (HTSUS) subheadings: 4412.10.0500; 

4412.31.0520; 4412.31.0540; 4412.31.0560; 

4412.31.0620; 4412.31.0640; 4412.31.0660; 

4412.31.2510; 4412.31.2520; 4412.31.2610; 

4412.31.2620; 4412.31.4040; 4412.31.4050; 

4412.31.4060; 4412.31.4075; 4412.31.4080; 

4412.31.4140; 4412.31.4150; 4412.31.4160; 

4412.31.4180; 4412.31.5125; 4412.31.5135; 

4412.31.5155; 4412.31.5165; 4412.31.5175; 

4412.31.5235; 4412.31.5255; 4412.31.5265; 

4412.31.5275; 4412.31.6000; 4412.31.6100; 

4412.31.9100; 4412.31.9200; 4412.32.0520; 

4412.32.0540; 4412.32.0565; 4412.32.0570; 

4412.32.0620; 4412.32.0640; 4412.32.0670; 

4412.32.2510; 4412.32.2525; 4412.32.2530; 

4412.32.2610; 4412.32.2630; 4412.32.3125; 

4412.32.3135; 4412.32.3155; 4412.32.3165; 

4412.32.3175; 4412.32.3185; 4412.32.3235; 

4412.32.3255; 4412.32.3265; 4412.32.3275; 

4412.32.3285; 4412.32.5600; 4412.32.3235; 

4412.32.3255; 4412.32.3265; 4412.32.3275; 

4412.32.3285; 4412.32.5700; 4412.94.1030; 

4412.94.1050; 4412.94.3105; 4412.94.3111; 

4412.94.3121; 4412.94.3141; 4412.94.3161; 

4412.94.3175; 4412.94.4100; 4412.99.0600; 

4412.99.1020; 4412.99.1030; 4412.99.1040; 

4412.99.3110; 4412.99.3120; 4412.99.3130; 

4412.99.3140; 4412.99.3150; 4412.99.3160; 

4412.99.3170; 4412.99.4100; 4412.99.5115; 

and 4412.99.5710. 

Imports of hardwood plywood may also 

enter under HTSUS subheadings 

4412.99.6000; 4412.99.7000; 4412.99.8000; 

4412.99.9000; 4412.10.9000; 4412.94.5100; 

4412.94.9500; and 4412.99.9500. While the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of this 

investigation is dispositive. 

[FR Doc. 2017–28481 Filed 1–3–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–427–829, A–570–071] 

Sodium Gluconate, Gluconic Acid, and 

Derivative Products From France and 

the People’s Republic of China: 

Initiation of Less-Than-Fair-Value 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable December 20, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Bailey at (202) 482–0193 and 

Maliha Khan at (202) 482–0895 

(France), Jeffrey Pedersen at (202) 482– 

2769 and Celeste Chen at (202) 482– 

0890 (the People’s Republic of China 

(China)), AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On November 30, 2017, the U.S. 

Department of Commerce (Commerce) 

received antidumping duty (AD) 

Petitions concerning imports of sodium 

gluconate, gluconic acid, and derivative 

products (GNA products) from France 

and China, filed in proper form on 

behalf of PMP Fermentation Products, 

Inc. (PMP, the petitioner).1 The AD 

Petitions were accompanied by a 

countervailing duty (CVD) petition 

concerning imports of GNA products 


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2See Volume I of the Petitions, at 2. 

3See Commerce’s Letters, ‘‘Petitions for the 

Imposition of Antidumping Duties on Imports of 

Sodium Gluconate, Gluconic Acid, and Derivative 

Products from France and the People’s Republic of 

China and Countervailing Duties on Imports of 

Sodium Gluconate, Gluconic Acid, and Derivative 

Products from the People’s Republic of China: 

Supplemental Questions,’’ (General Issues 

Supplemental Questionnaire); ‘‘Petition for the 

Imposition of Antidumping Duties on Imports of 

Sodium Gluconate, Gluconic Acid and Derivative 

Products from France: Supplemental Questions;’’ 

and ‘‘Petition for the Imposition of Antidumping 

Duties on Imports of Sodium Gluconate, Gluconic 

Acid and Derivative Products from the People’s 

Republic of China: Supplemental Questions.’’ All 

three of these documents are dated December 5, 

2017. 

4See Petitioner’s Letters, ‘‘Antidumping Duty 

Investigation of Sodium Gluconate, Gluconic Acid 

and Derivative Products from the People’s Republic 

of China: PMP’s Response to the Department’s 

Supplemental Questions on the Petition’’ (General 

Issues and China AD Supplement) and 

‘‘Antidumping Duty Investigation of Sodium 

Gluconate, Gluconic Acid and Derivative Products 

from France: PMP’s Response to the Department’s 

Supplemental Questions on the Petition’’ (General 

Issues and France AD Supplement). Both of these 

documents are dated December 7, 2017. 

5See Memorandum, ‘‘Petitions for the Imposition 

of Antidumping Duties on Imports of Sodium 

Gluconate, Gluconic Acid, and Derivative Products 

from France and the People’s Republic of China and 

Countervailing Duties on Imports of Sodium 

Gluconate, Gluconic Acid, and Derivative Products 

from the People’s Republic of China: Telephone 

Conversation with the Petitioner,’’ dated December 

14, 2017; see also Petitioner’s Letter, ‘‘Sodium 

Gluconate, Gluconic Acid, and Derivative Products 

from the People’s Republic of China and France: 

Petitioner’s Amendment to Volume I of 

Antidumping and Countervailing Duty Petition,’’ 

dated December 15, 2017 (Revised Scope). 

6See the ‘‘Determination of Industry Support for 

the Petitions’’ section, infra. 

7See General Issues Supplemental Questionnaire, 

at 3–4; see also General Issues and China AD 

Supplement and General Issues and France AD 

Supplement. 

8See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

9See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

10See 19 CFR 351.303(b). 

11See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on help using 

ACCESS can be found at https://access.trade.gov/

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook%20on%20

Electronic%20Filling%20Procedures.pdf. 

from China. The petitioner is a domestic 

producer of GNA products.2

On December 5, 2017, Commerce 

requested supplemental information 

pertaining to certain areas of the 

Petitions.3 The petitioner filed 

responses to these requests on December 

7, 2017.4 On December 15, 2017, the 

petitioner submitted certain revisions to 

the scope.5

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of GNA products from France and China 

are being, or are likely to be, sold in the 

United States at less than fair value 

within the meaning of section 731 of the 

Act, and that such imports are 

materially injuring, or threatening 

material injury to, the domestic industry 

producing GNA products in the United 

States. Consistent with section 732(b)(1) 

of the Act, the Petitions are 

accompanied by information reasonably 

available to the petitioner supporting 

their allegations. 

Commerce finds that the petitioner 

filed the Petitions on behalf of the 

domestic industry because the 

petitioner is an interested party as 

defined in section 771(9)(C) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support with respect to the initiation of 

the AD investigations that the petitioner 

is requesting.6

Periods of Investigation 

Because the Petitions were filed on 

November 30, 2017, pursuant to 19 CFR 

351.204(b)(1), the period of 

investigation (POI) for the France 

investigation is October 1, 2016 through 

September 30, 2017. Because China is a 

non-market economy (NME) country, 

pursuant to 19 CFR 351.204(b)(1), the 

POI for the China investigation is April 

1, 2017 through September 30, 2017. 

Scope of the Investigations 

The products covered by these 

investigations are GNA products from 

France and China. For a full description 

of the scope of these investigations, see 

the Appendix to this notice. 

Scope Comments 

During our review of the Petitions, 

Commerce issued questions to, and 

received responses from, the petitioner 

pertaining to the proposed scope to 

ensure that the scope language in the 

Petitions is an accurate reflection of the 

products for which the domestic 

industry is seeking relief.7 As a result of 

these exchanges, the scope of the 

Petitions was modified to clarify the 

description of merchandise covered by 

the Petitions. The description of the 

merchandise covered by this initiation, 

as described in the Appendix to this 

notice, reflects these clarifications. 

As discussed in the preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(scope).8 Commerce will consider all 

comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determinations. If scope comments 

include factual information,9 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit such comments by 5:00 

p.m. Eastern Time (ET) on January 9, 

2018, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on January 19, 2018, which 

is 10 calendar days from the initial 

comments deadline.10

Commerce requests that any factual 

information the parties consider 

relevant to the scope of the 

investigations be submitted during this 

time period. However, if a party 

subsequently finds that additional 

factual information pertaining to the 

scope of the investigations may be 

relevant, the party may contact 

Commerce and request permission to 

submit the additional information. All 

such comments must be filed on the 

records of each of the concurrent AD 

and CVD investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS).11

An electronically filed document must 

be received successfully in its entirety 

by the time and date it is due. 

Documents exempted from the 

electronic submission requirements 

must be filed manually (i.e., in paper 

form) with Enforcement and 

Compliance’s APO/Dockets Unit, Room 

18022, U.S. Department of Commerce, 

1401 Constitution Avenue NW, 

Washington, DC 20230, and stamped 

with the date and time of receipt by the 

applicable deadlines. 

Comments on Product Characteristics 

for AD Questionnaires 

Commerce will provide interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of GNA products to be reported in 

response to Commerce’s AD 

questionnaires. This information will be 

used to identify the key physical 

characteristics of the merchandise under 

consideration in order to report the 

relevant costs of production accurately 

as well as to develop appropriate 

product-comparison criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 


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12See section 771(10) of the Act. 13See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 14For a discussion of the domestic like product 

analysis, see Antidumping Duty Investigation 

Initiation Checklist: Sodium Gluconate, Gluconic 

Acid, and Derivative Products from the People’s 

Republic of China (China AD Initiation Checklist), 

at Attachment II, Analysis of Industry Support for 

the Antidumping and Countervailing Duty Petitions 

Covering Sodium Gluconate, Gluconic Acid, and 

Derivative Products from the People’s Republic of 

China and France (Attachment II); and 

Antidumping Duty Investigation Initiation 

Checklist: Sodium Gluconate, Gluconic Acid, and 

Derivative Products from France (France AD 

Initiation Checklist), at Attachment II. These 

checklists are dated concurrently with, and hereby 

adopted by, this notice and on file electronically via 

ACCESS. Access to documents filed via ACCESS is 

also available in the Central Records Unit, Room 

B8024 of the main Department of Commerce 

building. 

15See Volume I of the Petitions, at 3 and Exhibits 

I–1A and I–1B. 

16 Id. at 3 and Exhibits I–1A and I–1B; see also 

General Issues and China AD Supplement, at 7; see 

also General Issues and France AD Supplement, at 

7. 

17See China AD Initiation Checklist and France 

AD Initiation Checklist, at Attachment II. 

18See section 732(c)(4)(D) of the Act; see also 

China AD Initiation Checklist and France AD 

Initiation Checklist, at Attachment II. 

19See China AD Initiation Checklist and France 

AD Initiation Checklist, at Attachment II. 

20 Id. 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) General 

product characteristics, and (2) productcomparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

GNA products, it may be that only a 

select few product characteristics take 

into account commercially meaningful 

physical characteristics. In addition, 

interested parties may comment on the 

order in which the physical 

characteristics should be used in 

matching products. Generally, 

Commerce attempts to list the most 

important physical characteristics first 

and the least important characteristics 

last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on January 9, 

2018. Any rebuttal comments must be 

filed by 5:00 p.m. ET on January 19, 

2018. All comments and submissions to 

Commerce must be filed electronically 

using ACCESS, as explained above, on 

the records of the France and China 

less-than-fair-value investigations. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) Poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The International Trade 

Commission (ITC), which is responsible 

for determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both Commerce and the 

ITC must apply the same statutory 

definition regarding the domestic like 

product,12 they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, 

Commerce’s determination is subject to 

limitations of time and information. 

Although this may result in different 

definitions of the like product, such 

differences do not render the decision of 

either agency contrary to law.13

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the Petitions). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations. Based on our analysis of 

the information submitted on the 

record, we have determined that GNA 

products, as defined in the scope, 

constitute a single domestic like product 

and we have analyzed industry support 

in terms of that domestic like product.14

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the Appendix to this 

notice. To establish industry support, 

the petitioner provided its own 

production of the domestic like product 

in 2016.15 The petitioner states that 

there are no other known producers of 

GNA products in the United States; 

therefore, the Petitions are supported by 

100 percent of the U.S. industry.16

Our review of the data provided in the 

Petitions, the supplemental responses, 

and other information readily available 

to Commerce indicates that the 

petitioner has established industry 

support for the Petitions.17 First, the 

Petitions established support from 

domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).18 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.19 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.20 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 732(b)(1) 

of the Act. 

Commerce finds that the petitioner 

filed the Petitions on behalf of the 

domestic industry because it is an 

interested party as defined in section 

771(9)(C) of the Act and it has 

demonstrated sufficient industry 

support with respect to the AD 


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21 Id. 

22See Volume I of the Petitions, at 16 and Exhibit 

I–9; see also General Issues and China AD 

Supplement, at 7; and General Issues and France 

AD Supplement, at 7. 

23 Id. at 13, 16–32 and Exhibits I–4 and I–9 

through I–22. 

24See China AD Initiation Checklist, at 

Attachment III, Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering Sodium Gluconate, Gluconic Acid, and 

Derivative Products from the People’s Republic of 

China and France (Attachment III); see also France 

AD Initiation Checklist, at Attachment III. 

25See France AD Initiation Checklist and China 

AD Initiation Checklist. 

26 Id. 

27See France AD Initiation Checklist. 

28 In accordance with section 505(a) of the Trade 

Preferences Extension Act of 2015, amending 

section 773(b)(2) of the Act, for this investigation, 

Commerce will request information necessary to 

calculate the CV and cost of production (COP) to 

determine whether there are reasonable grounds to 

believe or suspect that sales of the foreign like 

product have been made at prices that represent 

less than the COP of the product. Commerce no 

longer requires a COP allegation to conduct this 

analysis. 

29See Antidumping Duty Investigation of Certain 

Aluminum Foil from the People’s Republic of 

China: Affirmative Preliminary Determination of 

Sales at Less-Than-Fair Value and Postponement of 

Final Determination, 82 FR 50858, 50861 

(November 2, 2017), and accompanying decision 

memorandum, China’s Status as a Non-Market 

Economy. 

30See China AD Initiation Checklist. 

31See Volume II of the Petitions, at 2–3 and 

Exhibit II–2. 

32See Volume II of the Petitions, at 5. 

33See Volume II of the Petitions, at 2–6 and 

Exhibit II–2. 

34See Volume II of the Petitions at 4 and Volume 

IV of the Petitions at 4. 

35See General Issues and China AD Supplement, 

at Revised Exhibit II–13. 

36See General Issues and China AD Supplement, 

at Revised Exhibit II–22. 

37See France AD Initiation Checklist. 

investigations that it is requesting that 

Commerce initiate.21

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at less than normal 

value (NV). In addition, the petitioner 

alleges that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.22

The petitioner contends that the 

industry’s injured condition is 

illustrated by a significant volume of 

subject imports, reduced market share, 

underselling and price depression or 

suppression, lost sales and revenues, 

and a negative impact on financial 

performance.23 We have assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, and causation, and we 

have determined that these allegations 

are properly supported by adequate 

evidence, and meet the statutory 

requirements for initiation.24

Allegations of Sales at Less Than Fair 

Value 

The following is a description of the 

allegations of sales at less than fair value 

upon which Commerce based its 

decision to initiate AD investigations of 

imports of GNA products from France 

and China. The sources of data for the 

deductions and adjustments relating to 

U.S. price and NV are discussed in 

greater detail in the country-specific 

initiation checklists. 

Export Price 

For both France and China, the 

petitioner based its calculation of export 

price (EP) on U.S. imports of sodium 

gluconate under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheading 2918.16.5010 between 

October 2016 and September 2017 for 

France and April 2017 and September 

2017 for China.25 The petitioner made 

deductions from EP for foreign inland 

freight and foreign brokerage and 

handling expenses.26

Normal Value 

For France, the petitioner was unable 

to obtain reliable information relating to 

the prices charged for GNA products in 

France or in any third country market.27

Because home market and third country 

prices were not reasonably available, the 

petitioner calculated NV based on 

constructed value (CV). For further 

discussion of CV, see the section 

‘‘Normal Value Based on Constructed 

Value’’ below.28

With respect to China, Commerce 

considers China to be a non-market 

economy (NME) country.29 In 

accordance with section 771(18)(C)(i) of 

the Act, any determination that a foreign 

country is an NME country shall remain 

in effect until revoked by Commerce. 

Therefore, we continue to treat China as 

an NME country for purposes of the 

initiation of this investigation. 

Accordingly, NV in China is 

appropriately based on factors of 

production (FOPs) valued in a surrogate 

market economy country, in accordance 

with section 773(c) of the Act.30 In the 

course of this investigation, all parties, 

and the public, will have the 

opportunity to provide relevant 

information related to the granting of 

separate rates to individual exporters. 

The petitioner claims that Thailand is 

an appropriate surrogate country for 

China because it is a market economy 

country that is at a level of economic 

development comparable to that of 

China; it is a significant producer of 

comparable merchandise; and public 

information from Thailand is available 

to value all material input factors except 

for the inputs of liquid glucose and 

sodium hydroxide.31 The petitioner 

stated that due to what it characterized 

as high values in the Thai import data 

for glucose and sodium hydroxide, it 

instead relied on data for Brazil for 

these two inputs.32 Brazil was on the list 

of potential surrogate countries placed 

on the record by the petitioner, and the 

petitioner stated that Brazil had the 

largest quantity of imports of these two 

inputs.33 Based on the information 

provided by the petitioner, we 

determine that it is appropriate to use 

Thailand as a surrogate country, but rely 

on the Brazil import data for the glucose 

and sodium hydroxide inputs, for 

initiation purposes. 

Interested parties will have the 

opportunity to submit comments 

regarding surrogate country selection 

and, pursuant to 19 CFR 

351.301(c)(3)(i), will be provided an 

opportunity to submit publicly available 

information to value FOPs within 30 

days before the scheduled date of the 

preliminary determination. 

Factors of Production 

Because information regarding the 

volume of inputs consumed by China 

producers/exporters is not available, the 

petitioner relied on the production 

experience of its GNA products 

production facility in Peoria, Illinois as 

an estimate of Chinese manufacturers’ 

FOPs.34 The petitioner valued the 

estimated FOPs using surrogate values 

from Thailand for China, except for two 

inputs as noted above.35 The petitioner 

used the average POI exchange rate to 

convert the data to U.S. dollars.36

Normal Value Based on Constructed 

Value 

As noted above, the petitioner was 

unable to obtain reliable information 

relating to the prices charged for GNA 

products in France or in any third 

country market; accordingly, the 

petitioner based NV on CV. Pursuant to 

section 773(e) of the Act, CV consists of 

the cost of manufacturing (COM), 

selling, general, and administrative 

(SG&A) expenses, financial expenses, 

packing expenses, and profit.37 For 

France, the petitioner calculated the 

COM based on its own input factors of 

production and usage rates for raw 

materials, labor, energy, packing, and a 


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38See General Issues and France AD Supplement, 

at Revised Exhibit IV–10. 

39 Id. 

40 Id. 

41 Id. 

42 Id. 

43See France AD Initiation Checklist. 

44See China AD Initiation Checklist. 

45See Trade Preferences Extension Act of 2015, 

Public Law 114–27, 129 Stat. 362 (2015). 

46See Dates of Application of Amendments to the 

Antidumping and Countervailing Duty Laws Made 

by the Trade Preferences Extension Act of 2015, 80 

FR 46793 (August 6, 2015). 

47 Id. at 46794–95. The 2015 amendments may be 

found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl. 

48See Volume I of the Petitions, at Exhibit I–5B. 

49 Id.; see also Volume IV of the Petitions, at 1. 

50See General Issues and China AD Supplement, 

at Revised Exhibit I–5A. 

51See Policy Bulletin 05.1: Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigation involving Non-Market 

Economy Countries (April 5, 2005), available at 

http://enforcement.trade.gov/policy/bull05-1.pdf 

(Policy Bulletin 05.1). 

52Although in past investigations this deadline 

was 60 days, consistent with 19 CFR 351.301(a), 

which states that ‘‘the Secretary may request any 

person to submit factual information at any time 

during a proceeding,’’ this deadline is now 30 days. 

by-product offset.38 The input factors of 

production were valued using publicly 

available data on costs specific to 

France, during the proposed POI.39

Specifically, the prices for raw material 

and packing inputs were based on 

publicly available import data for 

France.40 Labor and energy costs were 

valued using publicly available sources 

for France.41 The petitioner calculated 

factory overhead, SG&A, and profit for 

France based on the average ratios 

found in the experience of a French 

producer of chemical products.42

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of GNA products from France 

and China are being, or are likely to be, 

sold in the United States at less than fair 

value. Based on comparisons of EP to 

NV in accordance with sections 772 and 

773 of the Act, the estimated dumping 

margin for GNA products for each of the 

countries covered by this initiation are 

as follows: (1) France—76.95 percent; 43

and (2) China—213.15 percent.44

Initiation of Less-Than-Fair-Value 

Investigations 

Based upon the examination of the 

AD Petitions, we find that the Petitions 

meet the requirements of section 732 of 

the Act. Therefore, we are initiating AD 

investigations to determine whether 

imports of GNA products from France 

and China are being, or are likely to be, 

sold in the United States at less than fair 

value. In accordance with section 

733(b)(1)(A) of the Act and 19 CFR 

351.205(b)(1), unless postponed, we will 

make our preliminary determinations no 

later than 140 days after the date of this 

initiation. 

Under the Trade Preferences 

Extension Act of 2015, numerous 

amendments to the AD and CVD laws 

were made.45 The 2015 law does not 

specify dates of application for those 

amendments. On August 6, 2015, 

Commerce published an interpretative 

rule, in which it announced the 

applicability dates for each amendment 

to the Act, except for amendments 

contained in section 771(7) of the Act, 

which relate to determinations of 

material injury by the ITC.46 The 

amendments to sections 771(15), 773, 

776, and 782 of the Act are applicable 

to all determinations made on or after 

August 6, 2015, and, therefore, apply to 

these AD investigations.47

Respondent Selection 

With respect to France, although 

Commerce normally relies on import 

data from Customs and Border 

Protection (CBP) to determine whether 

to select a limited number of producers/ 

exporters for individual examination in 

AD investigations, the petitioner 

identified only one company in France, 

Jungbunzlauer, S.A., as a producer/ 

exporter of GNA products.48 The 

petitioner relied on information from a 

subscription database of shipment data 

and additional research of publiclyavailable sources as support for its claim 

that there is only one producer/exporter 

of GNA products in France.49 We 

currently know of no additional 

producers/exporters of GNA products 

from France. Accordingly, Commerce 

intends to examine the sole French 

producer/exporter identified in the 

Petition for the investigation. Parties 

wishing to comment on respondent 

selection for France must do so within 

five days of the publication of this 

notice in the Federal Register. Any such 

comments must be submitted no later 

than 5:00 p.m. ET on the due date, and 

must be filed electronically via 

ACCESS. 

With respect to China, the petitioner 

named 82 producers/exporters as 

accounting for the majority of exports of 

GNA products to the United States from 

China.50 In accordance with our 

standard practice for respondent 

selection in AD cases involving NME 

countries, we intend to issue quantity 

and value (Q&V) questionnaires to 

producers/exporters of merchandise 

subject to the investigation and, if 

necessary, base respondent selection on 

the responses received. For this 

investigation, Commerce will request 

Q&V information from known Chinese 

exporters and producers identified, with 

complete contact information, in the 

Petition. In addition, Commerce will 

post the Q&V questionnaire along with 

filing instructions on the Enforcement 

and Compliance website at http://

www.trade.gov/enforcement/news.asp. 

Producers/exporters of GNA products 

from China that do not receive Q&V 

questionnaires by mail may still submit 

a response to the Q&V questionnaire 

and can obtain a copy of the Q&V 

questionnaire from Enforcement & 

Compliance’s website. The Q&V 

response must be submitted by the 

relevant Chinese exporters/producers no 

later than 5:00 p.m. ET on January 4, 

2018. All Q&V responses must be filed 

electronically via ACCESS. 

Separate Rates 

In order to obtain separate-rate status 

in an NME investigation, exporters and 

producers must submit a separate-rate 

application.51 The specific requirements 

for submitting a separate-rate 

application in China investigation are 

outlined in detail in the application 

itself, which is available on Commerce’s 

website at http://enforcement.trade.gov/ 

nme/nme-sep-rate.html. The separaterate application will be due 30 days 

after publication of this initiation 

notice.52 Exporters and producers who 

submit a separate-rate application and 

have been selected as mandatory 

respondents will be eligible for 

consideration for separate-rate status 

only if they respond to all parts of 

Commerce’s AD questionnaire as 

mandatory respondents. Commerce 

requires that companies from China 

submit a response to both the Q&V 

questionnaire and the separate-rate 

application by the respective deadlines 

in order to receive consideration for 

separate-rate status. Companies not 

filing a timely Q&V response will not 

receive separate-rate consideration. 

Use of Combination Rates 

Commerce will calculate combination 

rates for certain respondents that are 

eligible for a separate rate in an NME 

investigation. The Separate Rates and 

Combination Rates Bulletin states: 

{w}hile continuing the practice of 

assigning separate rates only to exporters, all 

separate rates that the Department will now 

assign in its NME Investigation will be 

specific to those producers that supplied the 

exporter during the period of investigation. 

Note, however, that one rate is calculated for 

the exporter and all of the producers which 


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53See Policy Bulletin 05.1 at 6 (emphasis added). 

54 Id. 

55See 19 CFR 351.301(b). 

56See 19 CFR 351.301(b)(2). 

57See section 782(b) of the Act. 

58See also Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

supplied subject merchandise to it during the 

period of investigation. This practice applies 

both to mandatory respondents receiving an 

individually calculated separate rate as well 

as the pool of non-investigated firms 

receiving the weighted-average of the 

individually calculated rates. This practice is 

referred to as the application of ‘‘combination 

rates’’ because such rates apply to specific 

combinations of exporters and one or more 

producers. The cash-deposit rate assigned to 

an exporter will apply only to merchandise 

both exported by the firm in question and 

produced by a firm that supplied the exporter 

during the period of investigation.53

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A)(i) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions have been provided to 

the governments of France and China 

via ACCESS. To the extent practicable, 

we will attempt to provide a copy of the 

public version of the Petitions to each 

exporter named in the Petitions, as 

provided under 19 CFR 351.203(c)(2). 

ITC Notification 

We will notify the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that imports 

of GNA products from France and/or 

China are materially injuring or 

threatening material injury to a U.S. 

industry. A negative ITC determination 

for any country will result in the 

investigation being terminated with 

respect to that country.54 Otherwise, the 

investigations will proceed according to 

statutory and regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). 19 CFR 351.301(b) 

requires any party, when submitting 

factual information, to specify under 

which subsection of 19 CFR 

351.102(b)(21) the information is being 

submitted 55 and, if the information is 

submitted to rebut, clarify, or correct 

factual information already on the 

record, to provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct.56 Time 

limits for the submission of factual 

information are addressed in 19 CFR 

351.301, which provides specific time 

limits based on the type of factual 

information being submitted. Interested 

parties should review the regulations 

prior to submitting factual information 

in these investigations. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in 

the letter or memorandum setting forth 

the deadline (including a specified time) 

by which extension requests must be 

filed to be considered timely. An 

extension request must be made in a 

separate, stand-alone submission; under 

limited circumstances we will grant 

untimely-filed requests for the extension 

of time limits. Parties should review 

Extension of Time Limits; Final Rule, 78 

FR 57790 (September 20, 2013), 

available at http://www.gpo.gov/fdsys/ 

pkg/FR-2013-09-20/html/2013- 

22853.htm, prior to submitting factual 

information in these investigations. 

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.57

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).58 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable revised certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. On 

January 22, 2008, Commerce published 

Antidumping and Countervailing Duty 

Proceedings: Documents Submission 

Procedures; APO Procedures, 73 FR 

3634 (January 22, 2008). Parties wishing 

to participate in these investigations 

should ensure that they meet the 

requirements of these procedures (e.g., 

the filing of letters of appearance as 

discussed at 19 CFR 351.103(d)). 

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: December 20, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

Scope of the Investigations 

The scope of these investigations covers all 

grades of sodium gluconate, gluconic acid, 

liquid gluconate, and glucono delta lactone 

(GDL) (collectively GNA Products), 

regardless of physical form (including, but 

not limited to substrates; solutions; dry 

granular form or powders, regardless of 

particle size; or as a slurry). The scope also 

includes GNA Products that have been 

blended or are in solution with other 

product(s) where the resulting mix contains 

35 percent or more of sodium gluconate, 

gluconic acid, liquid gluconate, and/or GDL 

by dry weight. 

Sodium gluconate has a molecular formula 

of NaC6H11O7. Sodium gluconate has a 

Chemical Abstract Service (CAS) registry 

number of 527–07–1, and can also be called 

‘‘sodium salt of gluconic acid’’ and/or 

sodium 2, 3, 4, 5, 6 pentahydroxyhexanoate. 

Gluconic acid has a molecular formula of 

C6H12O7. Gluconic acid has a CAS registry 

number of 526–95–4, and can also be called 

2, 3, 4, 5, 6 pentahydroxycaproic acid. Liquid 

gluconate is a blend consisting only of 

gluconic acid and sodium gluconate in an 

aqueous solution. Liquid gluconate has CAS 

registry numbers of 527–07–1, 526–95–4, and 

7732–18–5, and can also be called 2, 3, 4, 5, 

6-pentahydroxycaproic acid-hexanoate. GDL 

has a molecular formula of C6H10O6. GDL has 

a CAS registry number of 90–80–2, and can 

also be called d-glucono-1,5-lactone. 

The merchandise covered by the scope of 

these investigations is currently classified in 

the Harmonized Tariff Schedule of the 

United States (HTSUS) under subheadings 

2918.16.1000, 2918.16.5010, and 

2932.20.5020. Merchandise covered by the 

scope may also enter under HTSUS 

subheadings 2918.16.5050, 3824.99.2890, 

and 3824.99.9295. Although the HTSUS 

subheadings and CAS registry numbers are 


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1See Biodiesel from the Republic of Argentina: 

Final Affirmative Countervailing Duty 

Determination, 82 FR 53477 (November 16, 2017) 

(Argentina Final Determination); see also Biodiesel 

from the Republic of Indonesia: Final Affirmative 

Countervailing Duty Determination, 82 FR 53471 

(November 16, 2017) (Indonesia Final 

Determination). 

2See Letter from the ITC to the Honorable Gary 

Taverman, dated December 21, 2017 (Notification of 

ITC Final Determination); see also Biodiesel from 

Argentina and Indonesia, Investigation Nos. 701– 

TA–571–572 and 731–TA–1347–1348 (Final) 

(December 2017). 

3See Biodiesel from Argentina and Indonesia; 

Determinations, 82 FR 61585 (December 28, 2017). 

4See Notification of ITC Final Determination. 

5See Biodiesel from Argentina: Preliminary 

Affirmative Countervailing Duty Determination and 

Preliminary Affirmative Critical Circumstances 

Determination, In Part, 82 FR 40748 (August 28, 

2017); Biodiesel from the Republic of Indonesia: 

Preliminary Affirmative Countervailing Duty 

Determination, 82 FR 40746 (August 28, 2017). 

6 In the final determination, Commerce found the 

following companies to be cross-owned with LDC 

Argentina S.A.: LDC Semillas S.A., Semillas del 

Rosario S.A. 

7 In the final determination, Commerce found the 

following companies to be cross-owned with 

Vicentin S.A.I.C.: Oleaginosa San Lorenzo S.A., Los 

Amores S.A. 

provided for convenience and customs 

purposes, the written description of the 

merchandise is dispositive. 

[FR Doc. 2017–28430 Filed 1–3–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–357–821 and C–560–831] 

Biodiesel From the Republic of 

Argentina and the Republic of 

Indonesia: Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC), 

Commerce is issuing countervailing 

duty (CVD) orders on biodiesel from the 

Republic of Argentina (Argentina) and 

the Republic of Indonesia (Indonesia). 

DATES: Applicable January 4, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Wallace (Argentina) or Gene 

Calvert (Indonesia); 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) 482–6251, or (202) 482–3586, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with section 705(d) of 

the Tariff Act of 1930, as amended (the 

Act), on November 16, 2017, Commerce 

published its affirmative final 

determinations in the CVD 

investigations of biodiesel from 

Argentina and Indonesia.1 On December 

21, 2017, the ITC notified Commerce of 

its affirmative final determination, 

pursuant to section 705(d) of the Act, 

that an industry in the United States is 

materially injured within the meaning 

of section 705(b)(1)(A)(i) of the Act, by 

reason of subsidized imports of 

biodiesel from Argentina and 

Indonesia.2 On December 28, 2017, the 

ITC published its final determination in 

the Federal Register.3

Scope of the Order 

The product covered by these orders 

is biodiesel from Argentina and 

Indonesia. For a complete description of 

the scope of these orders, see the 

Appendix to this notice. 

Countervailing Duty Orders 

In accordance with sections 

705(b)(1)(A)(i) and 705(d) of the Act, the 

ITC notified Commerce of its final 

determination that an industry in the 

United States is materially injured by 

reason of subsidized imports of 

biodiesel from Argentina and 

Indonesia.4 Therefore, in accordance 

with section 705(c)(2) of the Act, we are 

issuing these CVD orders. 

Because the ITC determined that 

imports of biodiesel from Argentina and 

Indonesia are materially injuring a U.S. 

industry, unliquidated entries of such 

merchandise from Argentina and 

Indonesia, entered or withdrawn from 

warehouse for consumption, are subject 

to the assessment of countervailing 

duties. Therefore, in accordance with 

section 706(a) of the Act, Commerce 

will direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, 

countervailing duties for all relevant 

entries of biodiesel from Argentina and 

Indonesia in an amount equal to the net 

countervailable subsidy rates for the 

subject merchandise. Countervailing 

duties will be assessed on unliquidated 

entries of biodiesel from Argentina and 

Indonesia entered, or withdrawn from 

warehouse for consumption, on or after 

August 28, 2017, the date on which 

Commerce published its preliminary 

determinations in the Federal Register.5

Continuation of Suspension of 

Liquidation 

In accordance with section 706 of the 

Act, Commerce will direct CBP to 

continue to suspend liquidation of all 

relevant entries of biodiesel from 

Argentina and Indonesia, and to assess, 

upon further instruction by Commerce 

pursuant to 706(a)(1) of the Act, 

countervailing duties for each entry of 

the subject merchandise in an amount 

based on the net countervailable 

subsidy rates for the subject 

merchandise. These instructions will 

remain in effect until further notice. 

Subsidy Rates 

Commerce will also instruct CBP to 

require cash deposits equal to the 

amounts as indicated below. The allothers rate applies to all producers or 

exporters not specifically listed, as 

appropriate. 

Exporters/Producers from 

Argentina 

Subsidy rate 

% 

LDC Argentina S.A6 ............. 72.28 

Vicentin S.A.I.C 7 .................. 71.45 

All Others .............................. 71.87 

Wilmar Trading Co., Ltd ....... 34.45 

PT Musim Mas ..................... 64.73 

All Others .............................. 38.95 

Notification to Interested Parties 

This notice constitutes the CVD 

orders with respect to biodiesel from 

Argentina and Indonesia, pursuant to 

section 706(a) of the Act. Interested 

parties can find a list of CVD orders 

currently in effect at http://

enforcement.trade.gov/stats/ 

iastats1.html. 

These orders are issued and published 

in accordance with section 706(a) of the 

Act and 19 CFR 351.211(b). 

Dated: December 28, 2017. 

P. Lee Smith, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

Appendix 

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 


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