Inception date: 09 Nov 2017 | Removal date: open ended

Anti-subsidy

The National Biodiesel Board filed petitions on March 23, 2017 seeking the imposition of antidumping and countervailing duties on biodiesel imported from Argentina and Indonesia. The first step in this investigation was the May 5, 2017 preliminary injury determination by the U.S. International Trade Commission. 

On August 22, 2017, the Department of Commerce announced its affirmative preliminary determinations in the countervailing duty investigations. In the Argentina CVD investigation, Commerce has calculated preliminary subsidy rates of 50.29 percent for LDC Argentina S.A. and 64.17 percent for Vicentin S.A.I.C. In the Indonesia CVD investigation, Commerce has calculated preliminary subsidy rates of 41.06 percent for Wilmar International Ltd. and 68.28 percent for P.T. Musim Mas. Commerce determined a rate of 44.92 percent for all other Indonesian producers and exports.

On November 9, 2017, the Department of Commerce announced its affirmative final determinations in the countervailing duty investigations. In the Argentina CVD investigation, Commerce has calculated subsidy rates of 72.28 percent for LDC Argentina S.A. and 71.45 percent for Vicentin S.A.I.C. The subsidy rates for both respondents were determined partially on the basis of adverse facts available due to the failure to provide certain information as requested by Commerce. Commerce has determined a rate of 71.87 percent for all other Argentinian producers and exporters. In the Indonesia CVD investigation, Commerce has calculated subsidy rates of 34.45 percent for Wilmar International Ltd. and 64.73 percent for P.T. Musim Mas. Commerce determined a rate of 38.95 percent for all other Indonesian producers and exports. If the U.S. International Trade Commission makes an affirmative injury determination, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue the collection of cash deposits equal to the applicable subsidy rates. Since Commerce also found that critical circumstances no longer exist in the Argentina investigation with respect to Vicentin S.A.I.C. and LDC Argentina S.A., Commerce will instruct CBP to terminate the retroactive suspension of liquidation ordered at the preliminary determination, and will release any cash deposits that were required during that period.

On December 5, 2017 the U.S. International Trade Commission determined that a U.S. industry is materially injured by reason of these imports. As a result of the USITC’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from Argentina and Indonesia.

AFFECTED SECTORS

 

AFFECTED PRODUCTS

 
Inception date: 03 Apr 2018 | Removal date: open ended

Anti-dumping

The National Biodiesel Board filed petitions on March 23, 2017 seeking the imposition of antidumping and countervailing duties on biodiesel imported from Argentina and Indonesia. The first step in this investigation was the May 5, 2017 preliminary injury determination by the U.S. International Trade Commission (USITC).

On February 21, 2018, the Department of Commerce announced its affirmative final determinations. In the Argentina AD investigation, Commerce calculated final dumping rates of 60.44 percent for LDC Argentina S.A. and 86.41 percent for Vicentin S.A.I.C., Renova S.A., Oleaginosa Moreno Hermanos S.A., Molinos Agro S.A., Patagonia Energia S.A., VFG Inversiones y Actividades Especiales S.A., Vicentin S.A.I.C. Sucursal Uy, Trading Company X, and Molinos Overseas Commodities S.A. Commerce determined a rate of 74.73 percent for all other producers and exporters of biodiesel from Argentina.

In the Indonesia AD investigation, Commerce calculated a final dumping rate of 92.52 percent for mandatory respondent Wilmar Trading PTE Ltd. The dumping rate for PT Musim Mas was determined on the basis of adverse facts available due to its failure to provide certain information as requested by Commerce. As a result, Commerce assigned PT Musim Mas a dumping rate of 276.65 percent which is the highest transaction-specific rate on the record of the investigation. Commerce determined a rate of 92.52 percent for all other producers/exporters of biodiesel from Indonesia.

Commerce found that a particular market situation existed with respect to the respondents’ home market sales in Argentina and Indonesia. In addition, Commerce found a particular market situation existed with respect to the respondents’ reported costs of soybeans and crude palm oil used in the production of biodiesel in Argentina and Indonesia, respectively.

On April 3, 2018 the USITC determined that a U.S. industry is materially injured by reason of imports of biodiesel from Argentina and Indonesia. As a result of the USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Argentina and Indonesia.