ANNOUNCEMENT 11 Mar 2009

In March 2009, the European Commission imposed a provisional anti-dumping duty. In July 2009, a definitive duty was imposed. In May 2011, the definitive duty was extended to imports from Canada following the conclusion of an anti-circumvention investigation. In September 2015, the definitive anti-dumping duty was extended following the conclusion of a sunset review. In September 2020, a sunset review was initiated and the definitive duty was extended on imports from the United States in August 2021. In September 2021, the definitive duty was extended on imports from Canada.

NUMBER OF INTERVENTIONS

2

  • 2 harmful
  • 0 neutral
  • 0 liberalising

SOURCE



European Commission, Notice No 2008/C 147/04, Notice of initiation of an anti-dumping proceeding concerning imports of biodiesel originating in
the United States of America, Official Journal of the European Union, 13.06.2008, C 147, from p. C 147/5:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52008XC0613(02)&from=FR
European Commission, Commission Regulation (EU) No 193/2009 (11.03.2009), imposing a provisional anti-dumping duty on imports of biodiesel originating in the United States of America, Official Journal of the European Union, 12.03.2009, L 67, from p. L 67/2:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R0193&from=FR
Council of the European Union, Council Regulation (EC) No 599/2009 (07.07.2009), imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America, Official Journal of the European Union, 10.07.2009, L 179, from p. L 179/26:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R0599&from=FR
Council of the European Union, Council Implementing Regulation (EU) No 444/2011 (05.05.2011), extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and
terminating the investigation in respect of imports consigned from Singapore, Official Journal of the European Union, 11.05.2011, L 122, from p. L 122/12:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0444&from=FR
European Commission, Notice No 2015/C 162/10, Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, Official Journal of the European Union, 19.05.2015, C 162, from p. C 162/13:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2015_162_R_0010&from=EN
European Commission, Notice No 2014/C 217/10, Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, Official Journal of the European Union, 10.07.2014, C 217, from p. C 217/14:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014XC0710(01)&from=FR
European Commission, Commission Implementing Regulation (EU) No 2015/1518 (14.09.2015), 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, Official Journal of the European Union, 15.09.2015, L 239, from p. L 239/69:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_239_R_0006&from=EN




European Commission, Commission Regulation (EU) No 720/2010 (11.08.2010), initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America by imports of biodiesel consigned from Canada and Singapore, whether declared as originating in Canada and Singapore or not and by imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and making such imports subject to registration, Official Journal of the European Union, 12.08.2010, L 211, from p. L 211/1:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010R0720&from=FR
Council of the European Union, Council Implementing Regulation (EU) No 444/2011 (05.05.2011), extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and
terminating the investigation in respect of imports consigned from Singapore, Official Journal of the European Union, 11.05.2011, L 122, from p. L 122/12:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0444&from=FR
European Commission, Notice No 2015/C 162/10, Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, Official Journal of the European Union, 19.05.2015, C 162, from p. C 162/13:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2015_162_R_0010&from=EN
European Commission, Notice No 2014/C 217/10, Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, Official Journal of the European Union, 10.07.2014, C 217, from p. C 217/14:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014XC0710(01)&from=FR
European Commission, Commission Implementing Regulation (EU) No 2015/1518 (14.09.2015), 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, Official Journal of the European Union, 15.09.2015, L 239, from p. L 239/69:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_239_R_0006&from=EN


Official Journal of the European Union, Notice No. 2020/C 303/06, published on 14 September 2020: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2020_303_R_0006&from=EN

Official Journal of the European Union, 2 August 2021, Notice (EU) 2021/1266: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R1266&from=EN

Official Journal of the European Union, 3 September 2021, Council Implementing Regulations (EU) 2021/1434: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R1434&from=EN

Inception date: 13 Mar 2009 | Removal date: open ended

Anti-dumping

On 13 June 2008, the European Commission announced the initiation of an anti-dumping investigation on imports of certain biodiesel 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 11 March 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 7 July 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 10 July 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 19 May 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 14 September 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 fatty acid mono-alkyl esters and of paraffinic gas oils 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 16 September 2015.

On 14 September 2020, the European Commission initiated a sunset review of the antidumping duty imposed on imports of certain biodiesel from the United States. The investigation follows the application lodged on 11 June 2020 by the European Biodiesel Board.

On 2 August 2021, the European Commission issued a regulation extending the definitive duty imposed on imports of biodiesel from the United States following the conclusion of the sunset review. The rate of duty ranges 68,6 euros/tonne to 198 euros/tonne of the net free-at-Union-frontier price before duty depending on the company. The regulation extending the definitive duty entered into force on 3 August 2021.

On 3 September 2021, the European Commission issued a regulation extending the definitive duty imposed on imports of biodiesel from Canada following the conclusion of the sunset review. The rate of duty is 172.2 euros/tonnes. The regulation entered into force on 4 September 2021.

AFFECTED SECTORS

 
Inception date: 12 May 2010 | Removal date: open ended

Anti-circumvention

On June 30th, 2010, the European Biodiesel Board lodged a request to investigate a possible circumvention of the anti-dumping duty imposed on imports of biodiesel from the United States of America through Council Regulation (EC) No. 599/2009 dated July 7th, 2009 (see related intervention), alleging that it was circumvented by means of transhipment via Canada and Singapore and by exports of biodiesel in a blend containing by weight 20 % or less of biodiesel.

On August 11th, 2010, the European Commission announced the initiation of an investigation concerning the possible circumvention of the anti-dumping measure imposed on imports of biodiesel from the United States of America through Commission Regulation No. 599/2009 dated July 7th, 2009 (Commission Regulation (EU) No. 720/2010, 11.08.2010).

On May 5th, 2011, the European authorities decided to extend the definitive anti-dumping duty imposed on imports of certain biodiesel from the United States of America to imports of the same product from Canada (Council Implementing Regulation (EU) No. 444/2011, 05.05.2011).
The amount of the duty imposed on imports from Canada is EUR 172.20 per metric ton for all Canadian exporters, at the exception of the companies BIOX Corporation and Rothsay Biodiesel whose exports are not subject to the payment of this 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 May 12th, 2011.
The investigation concerning imports originating from Singapore was terminated without the imposition of any duty.

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.
Since the anti-dumping measure imposed on imports of biodiesel originating in the United States of America was extended to imports of biodiesel originating in Canada, the sunset review and its conclusion will hold for Canada as well.

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 (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 and extended to imports originating in Canada (Council Implementing Regulation (EU) No 2015/1518, 14.09.2015).
The amount of the duty imposed on imports originating in Canada is equal to the highest amount imposed on goods originating in the United States of America, i.e. USD 172.2 per metric ton. However, the following companies are not subject to the measure: BIOX Corporation (Oakville, Ontario) and Rothsay Biodiesel (Guelph, Ontario).
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 gas oils 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.

On 14 September 2020, the European Commission initiated a sunset review of the antidumping duty imposed on imports of certain biodiesel from the United States. The investigation follows the application lodged on 11 June 2020 by the European Biodiesel Board. As the anti-dumping measure imposed on imports of biodiesel from the United States was extended to imports of the same products originating in Canada, the sunset review and its conclusion will hold for this country as well.

On 3 September 2021, the European Commission issued a regulation extending the definitive duty imposed on imports of biodiesel from Canada following the conclusion of the sunset review. The rate of duty is 172.2 euros/tonnes. The regulation entered into force on 4 September 2021.