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Document 02015R1518-20170924
Commission Implementing Regulation (EU) 2015/1518 of 14 September 2015 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
Consolidated text: Commission Implementing Regulation (EU) 2015/1518 of 14 September 2015 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
Commission Implementing Regulation (EU) 2015/1518 of 14 September 2015 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
ELI: http://data.europa.eu/eli/reg_impl/2015/1518/2017-09-24
02015R1518 — EN — 24.09.2017 — 002.001
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COMMISSION IMPLEMENTING REGULATION (EU) 2015/1518 of 14 September 2015 (OJ L 239 15.9.2015, p. 69) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION IMPLEMENTING REGULATION (EU) 2016/676 of 29 April 2016 |
L 116 |
31 |
30.4.2016 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2017/1598 of 22 September 2017 |
L 245 |
1 |
23.9.2017 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/1518
of 14 September 2015
imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
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 USA, currently falling within CN codes ex 1516 20 98 (TARIC code 1516209829 ), ex 1518 00 91 (TARIC code 1518009129 ), ex 1518 00 99 (TARIC code 1518009929 ), ex 2710 19 43 (TARIC code 2710194329 ), ex 2710 19 46 (TARIC code 2710194629 ), ex 2710 19 47 (TARIC code 2710194729 ), ex 2710 20 11 (TARIC code 2710201129 ), ex 2710 20 15 (TARIC code 2710201529 ), ex 2710 20 17 (TARIC code 2710201729 ), ex 3824 90 92 (TARIC code 3824909212 ), ex 3826 00 10 (TARIC codes 3826001029 , 3826001039 , 3826001049 , 3826001099 ), and ex 3826 00 90 (TARIC code 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 code |
Archer Daniels Midland Company, Decatur |
68,6 |
A933 |
Cargill Inc., Wayzata |
0 |
A934 |
Green Earth Fuels of Houston LLC, Houston |
70,6 |
A935 |
Imperium Renewables Inc., Seattle |
76,5 |
A936 |
Peter Cremer North America LP, Cincinnati |
198,0 |
A937 |
World Energy Alternatives LLC, Boston |
82,7 |
A939 |
Companies listed in Annex I |
115,6 |
See Annex I |
All other companies |
172,2 |
A999 |
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).
3. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145, paragraphs 2 and 3, of Commission Regulation (EEC) No 2454/93 ( 1 ), the amount of anti-dumping duty laid down in paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.
4. The application of the individual duty rate specified for the companies listed in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall to 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.
5. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
6. 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, paragraph 2, is hereby extended to imports into the Union 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 within CN codes ex 1516 20 98 (TARIC code 1516209821 ), ex 1518 00 91 (TARIC code 1518009121 ), ex 1518 00 99 (TARIC code 1518009921 ), ex 2710 19 43 (TARIC code 2710194321 ), ex 2710 19 46 (TARIC code 2710194621 ), ex 2710 19 47 (TARIC code 2710194721 ), ex 2710 20 11 (TARIC code 2710201121 ), ex 2710 20 15 (TARIC code 2710201521 ), ex 2710 20 17 (TARIC code 2710201721 ), ex 3824 90 92 (TARIC code 3824909210 ), ex 3826 00 10 (TARIC codes 3826001020 , 3826001030 , 3826001040 , 3826001089 ) and ex 3826 00 90 (TARIC code 3826009011 ), with the exception of those produced by the companies listed below:
Country |
Company |
TARIC additional code |
Canada |
BIOX Corporation, Oakville, Ontario, Canada |
B107 |
DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada |
C114 |
|
Rothsay Biodiesel, Guelph, Ontario, Canada |
B108 |
The duty to be extended shall be the one established for ‘all other companies’ in Article 1, paragraph 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 gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
2. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145, paragraphs 2 and 3 of Regulation (EEC) No 2454/93, the amount of anti-dumping duty laid down in Article 1, paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.
3. The application of the exemptions granted to companies listed in paragraph 1 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall to conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate as imposed by Article 1, paragraph 1 to ‘all other companies’ shall apply.
4. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
Article 3
1. The definitive anti-dumping duty as set out in Article 1, paragraph 2, is hereby extended to imports into the Union 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 within CN codes ex 1516 20 98 (TARIC code 1516209830 ), ex 1518 00 91 (TARIC code 1518009130 ), ex 1518 00 99 (TARIC code 1518009930 ), ex 2710 19 43 (TARIC code 2710194330 ), ex 2710 19 46 (TARIC code 2710194630 ), ex 2710 19 47 (TARIC code 2710194730 ), ex 2710 20 11 (TARIC code 2710201130 ), ex 2710 20 15 (TARIC code 2710201530 ), ex 2710 20 17 (TARIC code 2710201730 ),, ex 3824 90 92 (TARIC code 3824909220 ), and ex 3826 00 90 (TARIC code 3826009030 )..
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. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145, paragraphs 2 and 3, of Regulation (EEC) No 2454/93, the amount of anti-dumping duty laid down in Article 1, paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.
3. The application of the individual duty rate specified for the companies listed 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 to conform to the requirements set out in Annex III. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
4. Unless otherwise specified, the relevant provisions in force concerning customs duties 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 Commission
Directorate-General for Trade
Directorate H
Rue de la Loi 170, CHAR 04/034
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
Email: TRADE-TDI-INFORMATION@ec.europa.eu
2. In accordance with Article 13(4) of Regulation (EC) No 1225/2009, 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 Regulation (EC) No 599/2009, from the duty extended by Article 2(1) and Article 3(1).
Article 5
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
Company Name |
City |
TARIC additional code |
American Made Fuels, Inc. |
Canton |
A940 |
AG Processing Inc. |
Omaha |
A942 |
Alabama Clean Fuels Coalition Inc. |
Birmingham |
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 |
Wilton |
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 |
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 |
Pittsbourgh |
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
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(4) and Article 2(3):
— 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.’
ANNEX III
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(3):
— 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.’
( 1 ) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).