Contents
Article 1#
1.A definitive anti-dumping duty is imposed on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America currently falling under CN codes ex15162098 (TARIC codes 1516209821 and 1516209829), ex15180091 (TARIC codes 1518009121 and 1518009129), ex15180095 (TARIC code 1518009521), ex15180099 (TARIC codes 1518009921 and 1518009929), ex27101911 (TARIC code 2710191110), ex27101915 (TARIC code 2710191510), ex27101921 (TARIC code 2710192110), ex27101925 (TARIC code 2710192510), ex27101929 (TARIC code 2710192910), ex27101942 (TARIC codes 2710194221 and 2710194229), ex27101944 (TARIC codes 2710194421 and 2710194429), ex27101946 (TARIC codes 2710194621 and 2710194629), ex27101947 (TARIC codes 2710194721 and 2710194729), 27102011, 27102016, ex38249992 (TARIC codes 3824999210, 3824999214 and 3824999217), 38260010 and ex38260090 (TARIC codes 3826009011 and 3826009019).
2.The rates of the definitive anti-dumping duty applicable to the net free-at Union frontier price, before duty, of the product described in paragraph 1, and manufactured by the companies listed below, shall be a fixed amount as follows:Company | AD duty rate EUR per tonne net | TARIC additional codeArcher Daniels Midland Company, Decatur | 68,6 | A933Cargill Inc., Wayzata | 0 | A934Green Earth Fuels of Houston LLC, Houston | 70,6 | A935Imperium Renewables Inc., Seattle | 76,5 | A936Peter Cremer North America LP, Cincinnati | 198,0 | A937World Energy Alternatives LLC, Boston | 82,7 | A939Companies listed in Annex I | 115,6 | See Annex IAll other companies | 172,2 | A999The anti-dumping duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
3.The application of the individual duty rate specified for the companies referred to in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
4.Where any party from the United States of America provides sufficient evidence to the Commission that:
(a)it did not export the goods described in Article 1(1) originating in the United States of America during the period of investigation (1 April 2007-31 March 2008);
(b)it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
(c)it has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation;
the Commission may amend Annex I in order to attribute to that party the duty applicable to cooperating producers not included in the sample, i.e. EUR 115,6 per tonne.
Article 2#
1.The definitive anti-dumping duty applicable to ‘all other companies’ as set out in Article 1(2), is extended to imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, consigned from Canada, whether declared as originating in Canada or not, currently falling under CN codes ex15162098 (TARIC code 1516209821), ex15180091 (TARIC code 1518009121), ex15180099 (TARIC code 1518009921), ex27101942 (TARIC code 2710194221), ex27101944 (TARIC code 2710194421), ex27101946 (TARIC code 2710194621), ex27101947 (TARIC code 2710194721), ex27102011 (TARIC code 2710201121), ex27102016 (TARIC code 2710201621), ex38249992 (TARIC code 3824999210), ex38260010 (TARIC codes 3826001020, 3826001050, 3826001089) and ex38260090 (TARIC code 3826009011), with the exception of those produced by the companies listed below:Country | Company | TARIC additional codeCanada | BIOX Corporation, Oakville, Ontario, Canada | B107Canada | DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada | C114Canada | Rothsay Biodiesel, Guelph, Ontario, Canada | B108Canada | Verbio Diesel Canada Corporation, Welland, Ontario, Canada | C600The duty to be extended shall be the one established for ‘all other companies’ in Article 1(2), which is a definitive anti-dumping duty of EUR 172,2 per tonne net.The anti-dumping duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
2.The application of the exemptions granted to companies referred to in paragraph 1 or authorised by the Commission in accordance with Article 4(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate as imposed by paragraph 1 shall apply.
Article 3#
1.The definitive anti-dumping duty as set out in Article 1(2), is hereby extended to imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America, and currently falling under CN codes ex15162098 (TARIC code 1516209833), ex15180091 (TARIC code 1518009133), ex15180099 (TARIC code 1518009933), ex27101944 (TARIC code 2710194433), ex27101946 (TARIC code 2710194633), ex27101947 (TARIC code 2710194733), ex27102011 (TARIC code 2710201133), ex27102016 (TARIC code 2710201633), ex38249992 (TARIC code 3824999217) and ex38260090 (TARIC code 3826009033).The anti-dumping duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
2.The application of the individual duty rate specified for the companies referred to in Article 1, paragraph 2, shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex III. If no such invoice is presented, the duty rate applicable under Article 1(2) to ‘all other companies’ shall apply.
Article 4#
1.Requests for exemption from the duty extended by Article 2(1) and Article 3(1) shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:European CommissionDirectorate-General for TradeDirectorate GRue de la Loi 170, CHAR 04/0341049 BrusselsBELGIUMEmail: TRADE-TDI-INFORMATION@ec.europa.eu
2.In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Article 1, from the duty extended by Article 2(1) and Article 3(1).
Article 5#
In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Commission Implementing Regulation (EU) 2015/2447note, the amount of anti-dumping duty laid down in Articles 1, 2 and 3 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 6#
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Annex I
| Company Name | City | TARIC additional code |
|---|---|---|
| AG Processing Inc. | Omaha | A942 |
| Alabama Clean Fuels Coalition Inc. | Birmingham | A940 |
| American Made Fuels, Inc. | Canton | A940 |
| Arkansas SoyEnergy Group | DeWitt | A940 |
| Arlington Energy, LLC | Mansfield | A940 |
| Athens Biodiesel, LLC | Athens | A940 |
| Beacon Energy | Cleburne | A940 |
| Biodiesel of Texas, Inc. | Denton | A940 |
| BioDiesel One Ltd | Southington | A940 |
| Buffalo Biodiesel, Inc | Tonawanda | A940 |
| BullDog BioDiesel | Ellenwood | A940 |
| Carbon Neutral Solutions, LLC | Mauldin | A940 |
| Central Iowa Energy LLC | Newton | A940 |
| Chesapeake Custom Chemical Corp. | Ridgeway | A940 |
| Community Fuels | Stockton | A940 |
| Delta BioFuels Inc. | Natchez | A940 |
| Diamond Biofuels | Mazon | A940 |
| Direct Fuels | Euless | A940 |
| Eagle Creek Fuel Services, LLC | Baltimore | A940 |
| Earl Fisher Bio Fuels | Chester | A940 |
| East Fork Biodiesel LLC | Algona | A940 |
| ECO Solutions, LLC | Chatsworth | A940 |
| Ecogy Biofuels LLC | Tulsa | A940 |
| ED&F Man Biofuels Inc. | New Orleans | A940 |
| Freedom Biofuels Inc. | Madison | A940 |
| Fuel & Lube, LLC | Richmond | A940 |
| Fuel Bio | Elizabeth | A940 |
| FUMPA Bio Fuels | Redwood Falls | A940 |
| Galveston Bay Biodiesel LP (BioSelect Fuels) | Houston | A940 |
| Geo Green Fuels LLC | Houston | A940 |
| Georgia Biofuels Corp. | Loganville | A940 |
| Green River Biodiesel, Inc. | Moundville | A940 |
| Griffin Industries Inc. | Cold Spring | A940 |
| High Plains Bioenergy | Guymon | A940 |
| Huish Detergents Inc. | Salt Lake City | A940 |
| Incobrasa Industries Ltd. | Gilman | A940 |
| Independence Renewable Energy Corp. | Perdue Hill | A940 |
| Indiana Flex Fuels | LaPorte | A940 |
| Innovation Fuels Inc. | Newark | A940 |
| Iowa Renewable Energy LLC | Washington | A940 |
| Johann Haltermann Ltd. | Houston | A940 |
| Lake Erie Biofuels LLC | Erie | A940 |
| Leland Organic Corporation | Leland | A940 |
| Louis Dreyfus Agricultural Industries LLC | Claypool | A940 |
| Louis Dreyfus Claypool Holdings LLC | Claypool | A940 |
| Memphis Biofuels, LLC | Memphis | A942 |
| Middle Georgia Biofuels | East Dublin | A940 |
| Middletown Biofuels LLC | Blairsville | A940 |
| Musket Corporation | Oklahoma City | A940 |
| New Fuel Company | Dallas | A940 |
| North Mississippi Biodiesel | New Albany | A940 |
| Northern Biodiesel, Inc. | Ontario | A940 |
| Northwest Missouri Biofuels, LLC | St. Joseph | A940 |
| Nova Biofuels Clinton County LLC | Clinton | A940 |
| Nova Biosource | Senaca | A940 |
| Organic Fuels Ltd. | Houston | A940 |
| Organic Technologies | Coshocton | C482 |
| Owensboro Grain Company LLC | Owensboro | A940 |
| Paseo Cargill Energy, LLC | Kansas City | A940 |
| Peach State Labs Inc. | Rome | A940 |
| Perihelion Global, Inc. | Opp | A940 |
| Philadelphia Fry-O-Diesel Inc. | Philadelphia | A940 |
| Pinnacle Biofuels, Inc. | Crossett | A940 |
| PK Biodiesel | Woodstock | A940 |
| Pleasant Valley Biofuels, LLC | American Falls | A940 |
| RBF Port Neches LLC | Houston | A940 |
| Red Birch Energy, Inc. | Bassett | A940 |
| Red River Biodiesel Ltd. | New Boston | A940 |
| REG Ralston LLC | Ralston | A940 |
| Renewable Energy Products, LLC | Santa Fe Springs | A940 |
| Riksch BioFuels LLC | Crawfordsville | A940 |
| Safe Renewable Corp. | Conroe | A940 |
| Sanimax Energy Inc. | DeForest | A940 |
| Scott Petroleum | Itta Bena | A942 |
| Seminole Biodiesel | Bainbridge | A940 |
| Soy Solutions | Milford | A940 |
| SoyMor Biodiesel LLC | Albert Lea | A940 |
| Sunshine BioFuels, LLC | Camilla | A940 |
| TPA Inc. | Warren | A940 |
| Trafigura AG | Stamford | A940 |
| U.S. Biofuels Inc. | Rome | A940 |
| United Oil Company | Pittsburgh | A940 |
| Valco Bioenergy | Harlingen | A940 |
| Vanguard Synfuels, LLC | Pollock | A940 |
| Vinmar Overseas, Ltd | Houston | A938 |
| Vitol Inc. | Houston | A940 |
| Walsh Bio Diesel, LLC | Mauston | A940 |
| Western Dubque Biodiesel LLC | Farley | A940 |
| Western Iowa Energy LLC | Wall Lake | A940 |
| Western Petroleum Company | Eden Prairie | A940 |
Annex II
—the name and function of the official of the entity issuing the commercial invoice,
—the following declaration:‘I, the undersigned, certify that the (volume) of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as “biodiesel”, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin sold for export to the European Union covered by this invoice was manufactured by [company name and address] [TARIC additional code] in [countr[y]ies concerned]. I declare that the information provided in this invoice is complete and correct.’
A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3) and Article 2(2):
III
—the name and function of the official of the entity issuing the commercial invoice,
—the following declaration:‘I, the undersigned, certify that the (volume) of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as “biodiesel”, in pure form or in a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin sold for export to the European Union covered by this invoice was manufactured by [company name and address] [TARIC additional code] in the United States of America. I declare that the information provided in this invoice is complete and correct.’
A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 3(2):
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