INVESTIGATION PROGRESS

Date Status
05 Dec 2017 Definitive duty
09 Nov 2017 Preliminary duty

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: 09 Nov 2017 | Removal date: open ended
Still in force

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 COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

354 Chemical products n.e.c.
3826 Biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals.
382600 Biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals.

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