2020-22430. Biodiesel From Argentina: Rescission of Antidumping Duty Administrative Review: 2019-2020

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on biodiesel from Argentina for the period of review (POR) April 1, 2019, through March 31, 2020, based on the timely withdrawal of the request for review.

DATES:

Applicable October 9, 2020.

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: [phone].

SUPPLEMENTARY INFORMATION:

Background

On April 1, 2020, Commerce published a notice of opportunity to request an administrative review of the AD order on biodiesel from Argentina for the POR.^[1] On April 30, 2020, Commerce received a timely-filed request from the National Biodiesel Board Fair Trade Coalition (the petitioner) ^[2] for an administrative review of 18 Argentine producers and/or exporters, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b).^[3]

On June 8, 2020, pursuant to this request, and in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), Commerce published a notice initiating an administrative review of the antidumping duty order on biodiesel from Argentina for 18 Argentine producers and/or exporters.^[4] On September 1, 2020, the petitioner timely withdrew its request for an administrative review for all 18 producers and/or exporters.^[5]

Rescission of Review

Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. The petitioner withdrew its request for review within the 90-day deadline. Because Commerce received no other requests for review, we are rescinding the administrative review of the order on biodiesel from Argentina covering the April 1, 2019, through March 31, 2020 POR, in its entirety, in accordance with 19 CFR 351.213(d)(1).

Assessment

Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of biodiesel from Argentina. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register.

Notification to Importers

This notice serves as the only reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties.

Administrative Protective Orders

This notice also serves as a reminder to all parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 an APO is a violation which is subject to sanction.

Notification to Interested Parties

This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

Dated: September 18, 2020.

James Maeder,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Footnotes

1.  See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 85 FR 18191 (April 1, 2020).

2.  The National Biodiesel Board Fair Trade Coalition is an association, composed of domestic producers of biodiesel. Coalition members include the National Biodiesel Board (NBB); American GreenFuels, LLC, Archer Daniels Midland Company; Ag Processing Inc.; Crimson Renewable Energy LP; High Plains Bioenergy; Integrity Biofuels, LLC; Iowa Renewable Energy, LLC; Lake Erie Biofuels dba HERO BX; Minnesota Soybean Processors; New Leaf Biofuel, LLC; Newport Biodiesel, L.L.C.; Renewable Biofuels, LLC; Renewable Energy Group, Inc.; Western Dubuque Biodiesel, LLC; Western Iowa Energy, LLC; and World Management Group LLC dba World Energy.

3.  See Petitioner's Letter, “Biodiesel from Argentina: Request for Administrative Review of Antidumping Duty Order,” dated April 30, 2020.

4.  See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 35068 (June 8, 2020).

5.  See Petitioner's Letter, “Biodiesel from Argentina: Withdrawal of Request for Administrative Review of Antidumping Duty Order,” dated September 1, 2020.