INVESTIGATION PROGRESS

Date Status
31 May 2010 Initiation

IMPLEMENTATION LEVEL

National

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: 18 Apr 2011 | Removal date: 16 Apr 2016
Still in force

Anti-subsidy

On June 22, 2010, the Australian Customs and Border Protection Service initiated an anti-subsidy investigation on imports of biodiesel, whether in pure form (B100) or in a blend with a biodiesel percentage in excess of 20% (B20), from the United States of America (Australian Customs Dumping Notice No. 2010/21, 22.06.2010).
The products subject to investigation are classified under the following HS codes: 2710.1180, 2710.1980, 2710.9180, 2710.9980, 3824.9020 and 3824.9030.
An anti-dumping investigation was also initiated (see measure 1677).
The complaint was lodged on May 31, 2010 by Biodiesel Producers Ltd.

On October 18, 2010, the Australian Customs and Border Protection Service issued the Preliminary Affirmative Determination Report (PAD Report No. 163). It found that exports of biodiesel from the United States of America have benefited from subsidies but did not recommend the imposition of a provisional countervailing duty.

On November 8, 2010, the Australian Customs and Border Protection Service issued the Statement of Essential Facts (SEF Report No. 163).

On December 22, 2010, the Australian Customs and Border Protection Service issued the Report to the Minister (Final Report No. 163). It recommended the imposition of a definitive countervailing duty.

On April 18, 2011, the Australian authorities imposed a definitive countervailing duty on imports of biodiesel originating in the United States of America (Australian Customs Dumping Notice No. 2011/18, 18.04.2011). The rate of the duty is 55%.

On October 21st, 2015, the Australian Anti-Dumping Commission announced that the countervailing measure imposed on imports of biodiesel from the United States of America will expire on April 18th, 2016 since no application for a sunset review was lodged (Anti-Dumping Notice No. 2015/121, 21.10.2015).
 
On 18 April 2016, the Commissioner of the Australian Anti-Dumping Commission announced the expiry and thus termination of the above duties initially imposed on 18 April 2011 (Anti-Dumping Notice No. 2016/44). This follows no application for a sunset review has been lodged, as noted above.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

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
271012 Light oils and preparations
271019 Other
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
399 Other wastes & scraps
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
271099 Other

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