INVESTIGATION PROGRESS

Date Status
11 Mar 2009 Initiation

IMPLEMENTATION LEVEL

Supranational

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 13 Mar 2009 | Removal date: open ended
Still in force

Anti-dumping

On June 13th, 2008, the European Commission announced the initiation of an anti-dumping investigation on imports of biodiesel, whether in pure form or in a blend containing by weight more than 20 % of biodiesel, mainly but not exclusively used as renewable fuel, from the United States of America (Notice No 2008/C 147/05, 13.06.2008).
The complaint was lodged on April 29, 2008 by the European Biodiesel Board, on behalf of producers representing more than 25% of the total EU production of the product under scrutiny.
The product subject to investigation is classified under the following HS codes: 3824.9091, ex 3824.9097, ex 2710.1941, ex 1516.2098, ex 1518.0091, ex 1518.0099.
On the same day, an anti-subsidy investigation was also initiated (see measure 6297).
 
On March 11th, 2009, the European Commission decided to impose a provisional anti-dumping duty on imports of biodiesel from the United States of America (Commission Regulation No. 193/2009, 11.03.2009). The amount of the duty in EUR per metric ton ranges from 23.60 to 208.20, depending on the exporting company. This provisional duty entered into force on the day following the publication of the resolution in the Official Journal of the European Union, i.e. on March 13th, 2009, and is applicable for a maximum period of six months.
 
On July 7th, 2009, the European authorities decided to impose a definitive anti-dumping duty on imports of biodiesel from the United States of America (Council Regulation (EC) No. 599/2009, 07.07.2009). The amount of the definitive duty in EUR per metric ton ranges from 68.60 to 198.0, depending on the exporting company. The company Cargill Inc. (Wayzata) is not subject to the payment of any duty. This definitive duty entered into force on the day following the publication of the resolution in the Official Journal of the European Union, i.e. on July 11th, 2009.
 
On May 5th, 2011, following an investigation concerning the possible circumvention of the above-mentioned duty, the European authorities decided to extend the above-mentioned anti-dumping duty on imports of biodiesel, whether in pure form or in a blend containing by weight more than 20 % of biodiesel, to imports containing by weight 20 % or less of biodiesel (Council Implementing Regulation No. 444/2011, 05.05.2011). This extended duty entered into force on the day following the publication of the resolution in the Official Journal of the European Union, i.e. on May 12th, 2011.
This anti-dumping measure imposed on imports originating in the United States of America was also extended to imports originating in Canada (see related intervention).
 
On July 10th, 2014, the European Commission announced the initiation of a sunset review of the anti-dumping duty imposed on imports of biodiesel from the United States of America (Notice No 2014/C 217/10).
This follows the request lodged on April 9th, 2014 by the European Biodiesel Board on behalf of producers representing more than 25% of the total EU production of the subject goods.
 
On May 19th, 2015, the European Commission announced the initiation of a partial interim review of the anti-dumping duty imposed on imports of biodiesel from the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not (please also see related intervention) (Notice No 2015/C 162/10).
This follows the application lodged by DSM Nutritional Products, a Canadian exporting producer.
The review is limited in scope to the examination of the possibility of granting an exemption from the above-mentioned anti-dumping measure as far as the applicant is concerned.
The products subject to investigation are classified under the following HS codes: ex 1516.2098, ex 1518.0091, ex 1518.0099, ex 2710.1943, ex 2710.1946, ex 2710.1947, ex 2710.2011, ex 2710.2015, ex 2710.2017, ex 3824.9092, ex 3824.9093, 3826.0010 and ex 3826.0090.
Notice No 2015/C 162/10 was published in the Official Journal of the European Union (C 162) on May 19th, 2015.
 
On September 14th, 2015, the European authorities decided upon the continuation of the anti-dumping duty imposed on imports of biodiesel originating in the United States of America (Council Implementing Regulation (EU) No 2015/1518, 14.09.2015).
The amount of the duty ranges from USD 68.6 to USD 172.2 per metric ton, depending on the company (at the exception of the company Cargill Inc. which is not subject to the measure). The anti-dumping duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fattyacid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
This definitive duty entered into force on the day following the publication of the regulation in the Official Journal of the European Union (L 239), that is on September 16th, 2015.

AFFECTED COUNTRIES

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AFFECTED SECTORS AND PRODUCTS

216 Vegetable oils
1516 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, interesterified, reesterified or elaidinised, whether or not refined, but not further prepared.
151620 Vegetable fats and oils and their fractions
333 Petroleum oils & oils of bituminous materials, other than crude
2710 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic con
271019 Other
271020 Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the bas
345 Miscellaneous basic chemical products
1518 Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 15.16; inedible mixtures or preparations of
151800 Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 15.16; inedible mixtures or preparations of
354 Chemical products n.e.c.
3824 Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included.
382490 Other

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