Biodiesel From the Republic of Indonesia: Rescission of Countervailing Duty Administrative Review; 2017-2018

AGENCY:

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

SUMMARY:

The Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on biodiesel from the Republic of Indonesia (Indonesia) for the period of review (POR) August 28, 2017, through December 31, 2018.

DATES:

Applicable September 17, 2019.

FOR FURTHER INFORMATION CONTACT:

Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC; telephone (202) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

On February 8, 2019, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the CVD order on biodiesel from Indonesia for the POR. On February 28, 2019, the National Biodiesel Board Fair Trade Coalition (the National Biodiesel Coalition), a domestic interested party, filed a timely request for review with respect to PT. Cermerlang Energi Perkasa (CEP); PT. Ciliandra Perkasa; PT. Musim Mas, Medan; PT. Pelita Agung Agrindustri; and Wilmar International Ltd. (collectively, the Companies Subject to Review), in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b). Pursuant to this request, and in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), on April 1, 2019, Commerce initiated an administrative review of the Companies Subject to Review. On June 27, 2019, the National Biodiesel Coalition filed a timely withdrawal of its request for the administrative review of the Companies Subject to Review.

Rescission of Review

Pursuant to section 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. As noted above, the National Biodiesel Coalition, the only party to file a request for review, withdrew its request for all parties for which a review was requested by the 90-day deadline. Accordingly, we are rescinding the administrative review of the CVD order on biodiesel from Indonesia for the period August 28, 2017, through December 31, 2018, in its entirety.

Assessment

Commerce will instruct U.S. Customs and Border Protection (CBP) to assess CVD duties on all appropriate entries of biodiesel from Indonesia. CVD duties shall be assessed at rates equal to the cash deposit of estimated CVD 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 a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of CVD duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of CVD duties occurred and the subsequent assessment of doubled CVD duties.

Notification Regarding Administrative Protective Orders

This notice also serves as a reminder to all parties subject to administrative protective order (APO) of their responsibility concerning the disposition 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.

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).