Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50379 

1See Biodiesel from Argentina and Indonesia: 

Initiation of Less-Than-Fair Value Investigations, 82 

FR 18428 (April 19, 2017) (Initiation Notice). 

2See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Biodiesel from 

Indonesia’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

3See Antidumping Duties; Countervailing Duties, 

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

4See Initiation Notice, 82 FR at 18428–29. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, the Department will notify the 

International Trade Commission (ITC) of 

its preliminary affirmative 

determination. If the final determination 

is affirmative, the ITC will determine 

before the later of 120 days after the date 

of this preliminary determination or 45 

days after the final determination 

whether these imports are materially 

injuring, or threaten material injury to, 

the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: October 24, 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 I 

Scope of the Investigation 

The products covered by this investigation 

are certain hot-rolled products of carbon steel 

and alloy steel, in coils, of approximately 

round cross section, less than 19.00 mm in 

actual solid cross-sectional diameter. 

Specifically excluded are steel products 

possessing the above-noted physical 

characteristics and meeting the Harmonized 

Tariff Schedule of the United States (HTSUS) 

definitions for (a) stainless steel; (b) tool 

steel; (c) high-nickel steel; (d) ball bearing 

steel; or (e) concrete reinforcing bars and 

rods. Also excluded are free cutting steel 

(also known as free machining steel) 

products (i.e., products that contain by 

weight one or more of the following 

elements: 0.1 percent or more of lead, 0.05 

percent or more of bismuth, 0.08 percent or 

more of sulfur, more than 0.04 percent of 

phosphorous, more than 0.05 percent of 

selenium, or more than 0.01 percent of 

tellurium). All products meeting the physical 

description of subject merchandise that are 

not specifically excluded are included in this 

scope. 

The products under investigation are 

currently classifiable under subheadings 

7213.91.3011, 213.91.3015, 7213.91.3020, 

7213.91.3093; 7213.91.4500, 7213.91.6000, 

7213.99.0030, 7227.20.0030, 7227.20.0080, 

7227.90.6010, 7227.90.6020, 7227.90.6030, 

and 7227.90.6035 of the HTSUS. Products 

entered under subheadings 7213.99.0090 and 

7227.90.6090 of the HTSUS also may be 

included in this scope if they meet the 

physical description of subject merchandise 

above. Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of this proceeding is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope Comments 

V. Discussion of the Methodology 

A. Determination of the Comparison 

Method 

B. Results of the Differential Pricing 

Analysis 

VI. Date of Sale 

VII. Product Comparisons 

VIII. Export Price 

IX. Normal Value 

A. Comparison Market Viability 

B. Affiliated-Party Transactions and Arm’sLength Test 

C. Level of Trade 

D. Cost of Production (COP) Analysis 

1. Calculation of COP 

2. Test of Comparison Market Sales Prices 

3. Results of the COP Test 

E. Calculation of NV Based on Comparison 

Market Prices 

F. Calculation of NV Based on Constructed 

Value 

X. Preliminary Negative Determination of 

Critical Circumstances 

A. Legal Framework 

B. Critical Circumstances Allegation 

C. Analysis 

XI. Adjustment to Cash Deposit Rate for 

Export Subsidies 

XII. Currency Conversion 

XIII. Conclusion 

[FR Doc. 2017–23647 Filed 10–30–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–560–830] 

Biodiesel From Indonesia: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that biodiesel from 

Indonesia is being, or is likely to be, 

sold in the United States at less than fair 

value (LTFV). The period of 

investigation (POI) is January 1, 2016, 

through December 31, 2016. 

DATES: Effective October 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Lobo or Alexander Cipolla, 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) 482–2371 or 

(202) 482–4956, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). The Department published the 

notice of initiation of this investigation 

on April 19, 2017.1 For a complete 

description of the events that followed 

the initiation of this investigation, see 

the Preliminary Decision 

Memorandum.2 A list of topics included 

in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

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 https://

access.trade.gov, and to all parties in the 

Central Records Unit, Room B8024 of 

the main Department of Commerce 

building. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

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

The signed and the electronic versions 

of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Investigation 

The product covered by this 

investigation is biodiesel from 

Indonesia. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

the Department’s regulations,3 the 

Initiation Notice set aside a period of 

time for parties to raise issues regarding 

product coverage (i.e., scope).4 No 

interested parties commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. Therefore, the 

Department is preliminarily not 

modifying the scope language as it 

appeared in the Initiation Notice. See 

the scope in Appendix I to this notice. 

Methodology 

The Department is conducting this 

investigation in accordance with section 


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50380 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 

5See Petitioner’s Letter, ‘‘Biodiesel from 

Indonesia: Petitioner’s Particular Market Situation 

Allegation Regarding Respondents’ Home Market 

Sales and Costs of Produciton,’’ dated July 25, 2017. 

6The Department preliminarily determines that 

Wilmar Trading PTE Ltd., PT Wilmar Bioenergi 

Indonesia, PT Wilmar Nabati Indonesia, and PT 

Multi Nabati Sulawesi are affiliated pursuant to 

section 771(33)(F) of the Act and should be 

collapsed and treated as a single entity pursuant to 

19 CFR 351.401(f). See Preliminary Decision 

Memorandum. 

7See Biodiesel from the Republic of Indonesia: 

Preliminary Affirmative Countervailing Duty 

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

accompanying Preliminary Decision Memorandum. 

731 of the Act. The Department has 

calculated export prices in accordance 

with section 772(a) of the Act. 

Constructed export prices have been 

calculated in accordance with section 

772(b) of the Act. Normal value (NV) is 

calculated in accordance with section 

773 of the Act. In addition, the 

Department has relied on adverse facts 

available pursuant to sections 776(a) 

and (b) of the Act for PT Musim Mas 

(Musim Mas). For a full description of 

the methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Particular Market Situation 

On July 25, 2017, the National 

Biodiesel Board Fair Trade Coalition 

(petitioner) filed a particular market 

situation (PMS) allegation with respect 

to the respondents’ home market sales 

prices and reported costs of 

production.5 The petitioner asserts that 

a PMS exists in Indonesia because the 

Government of Indonesia (GOI) sets low 

mandatory prices and sales quotas for 

biodiesel in the home market, and 

restrains the exports of crude palm oil 

(CPO) with an export tax and levy, 

thereby distorting the respondents’ 

reported raw material CPO costs in 

Indonesia. The petitioner argues that the 

Department should disregard the 

respondents’ home market sales based 

on a finding that they are significantly 

distorted by government intervention. 

The petitioner also urges the 

Department to make an adjustment for 

the cost of CPO purchased from 

domestic suppliers to address the 

distorted Indonesian market for CPO. 

The respondents and the GOI argue 

that the prices set by the GOI are based 

on market prices, and the total 

compensation each respondent receives 

for sales of biodiesel in Indonesia 

reflects the full market value of its 

biodiesel. The respondents also contend 

that their sales that are not controlled by 

the government constitute a viable home 

market. Each respondent argues that the 

lower prices paid for CPO are not 

enough for a PMS finding, and that they 

should be examined in the context of 

the concurrent countervailing duty 

(CVD) investigation. 

Based on the facts on the record, the 

Department preliminarily finds that the 

GOI’s regulation of the domestic 

biodiesel market amounts to a particular 

market situation in Indonesia that 

renders the home market prices of 

Wilmar Trading PTE Ltd. (Wilmar), the 

only respondent for which we are 

preliminarily calculating a weightedaverage dumping margin, outside the 

ordinary course of trade. Therefore, the 

Department is preliminarily relying on 

constructed value (CV) as the basis for 

NV in this investigation for Wilmar. The 

Department also preliminarily finds that 

a PMS exists in Indonesia with regard 

to the cost of CPO as a component of the 

cost of manufacturing (COM) for 

biodiesel. Therefore, the Department has 

adjusted Wilmar’s COM to account for 

the distorted cost of CPO. For a full 

description of the methodology 

underlying the PMS determination, see 

the Preliminary Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(ii) and 735(c)(5)(A) 

of the Act provide that in the 

preliminary determination the 

Department shall determine an 

estimated all-others rate for all exporters 

and producers not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated weighted-average dumping 

margins established for exporters and 

producers individually investigated, 

excluding rates that are zero, de 

minimis, or determined entirely on facts 

available under section 776 of the Act. 

In this investigation, the Department 

preliminarily assigned a rate based 

entirely on facts available to Musim 

Mas. Therefore, the only rate that is not 

zero, de minimis or based entirely on 

facts otherwise available is the rate 

calculated for Wilmar. Consequently, 

the rate calculated for Wilmar is also 

assigned as the rate for all-other 

producers and exporters. 

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

weighted-average dumping margins 

exist: 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Wilmar Trading PTE Ltd 6 ..... 50.71 

PT Musim Mas ..................... 50.71 

All-Others .............................. 50.71 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, the Department will direct 

U.S. Customs and Border Protection 

(CBP) to suspend liquidation of entries 

of subject merchandise, as described in 

Appendix I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), the Department will 

instruct CBP to require a cash deposit 

equal to the estimated weighted-average 

dumping margin as follows: (1) The 

cash deposit rate for the respondents 

listed above will be equal to the 

company-specific estimated weightedaverage dumping margins determined in 

this preliminary determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. 

The Department normally adjusts 

cash deposits for estimated antidumping 

duties by the amount of export subsidies 

countervailed in a companion CVD 

proceeding in accordance with section 

772(c)(1)(C), when CVD provisional 

measures are in effect. Accordingly, 

where the Department preliminarily 

made an affirmative determination for 

countervailable export subsidies, the 

Department has offset the estimated 

weighted-average dumping margin by 

the appropriate CVD rate. In the 

preliminary determination in the 

companion CVD investigation, the 

Department found no countervailable 

export subsidies.7 Therefore, we 

preliminarily determine not to adjust 

the cash deposit rates in the Preliminary 

Determination. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

The Department intends to disclose 

its calculations and analysis performed 

to interested parties in this preliminary 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of this notice 

in accordance with 19 CFR 351.224(b). 


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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50381 

8See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

Verification 

As provided in section 782(i)(1) of the 

Act, the Department intends to verify 

the information relied upon in making 

its final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation, unless the Secretary alters 

the time limit. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.8

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case briefs or 

rebuttal briefs in this investigation are 

encouraged to submit with each 

argument: (1) A statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, the 

Department intends to hold the hearing 

at the U.S. Department of Commerce, 

1401 Constitution Avenue NW., 

Washington, DC 20230, at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

Final Determination 

Section 735(a)(1) of the Act and 19 

CFR 351.210(b)(1) provide that the 

Department will issue the final 

determination within 75 days after the 

date of its preliminary determination. 

Accordingly, the Department will make 

its final determination no later than 75 

days after the signature date of this 

preliminary determination, unless 

extended. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, the Department will notify the 

International Trade Commission (ITC) of 

its preliminary determination. If the 

final determination is affirmative, the 

ITC will determine before the later of 

120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: October 19, 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 I 

Scope of the Investigation 

The product covered by this investigation 

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 investigation 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 investigation. 

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 

investigation 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. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Use of Facts Available and Adverse Facts 

Available 

A. Legal Authority 

B. Application of Facts Available to Musim 

Mas 

C. Use of Adverse Inferences 

D. Selection and Corroboration of AFA 

Rate 

V. Affiliation and Collapsing 

A. Wilmar 

VI. Discussion of the Methodology 

A. Comparisions to Fair Value 

VII. Product Comparisons 

VIII. Date of Sale 

IX. Export Price and Constructed Price 

X. Normal Value 

A. Home Market Viability 

XI. Particular Market Situation 

A. Background 

B. Interested Parties’ Arguments 

C. Analysis 

XII. Calculation of Normal Value Based on 

Constructed Value 

XIII. Circumstance of Sale 

XIV. Adjustment to Cash Deposit Rate for 

Export Subsidies 

XV. Currency Conversion 

XVI. Conclusion 

[FR Doc. 2017–23602 Filed 10–30–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–836] 

Carbon and Alloy Steel Wire Rod From 

Italy: Preliminary Affirmative 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that carbon and alloy steel 

wire rod (wire rod) from Italy is being, 

or is likely to be, sold in the United 

States at less than fair value (LTFV). The 

period of investigation (POI) is January 

1, 2016, through December 31, 2016. 

DATES: Applicable October 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Victoria Cho or Mark Flessner, AD/CVD 

Operations, Office VI, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230; telephone: 

(202) 482–5075 or (202) 482–6312, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 


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