ANNOUNCEMENT 11 Mar 2009

In March 2009, the European Commission imposed a provisional countervailing duty. A definitive duty was imposed in July 2009. In May 2011, the definitive countervailing duty was extended to imports from Canada following the conclusion of an anti-circumvention investigation. In September 2015, the definitive antidumping duty was extended following the conclusion of a sunset review.

NUMBER OF INTERVENTIONS

2

  • 2 harmful
  • 0 neutral
  • 0 liberalising

SOURCE

Anti-subsidy measure


Official Journal of the European Union, 13.06.2008, C 147/10:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52008XC0613(03)&from=EN
Official Journal of the European Union, 12.03.2009, L 67/50:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R0194&from=EN
Official Journal of the European Union, 10.07.2009, L179/1:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R0598&from=EN
Official Journal of the European Union, 11.05.2011, L122/1, Council Implementing Regulation No. 443/2011 (05.05.2011):
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:122:0001:0011:EN:PDF
European Commission, Notice No 2015/C 162/09, Notice of initiation of a partial interim review of the countervailing 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 162/9:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2015_162_R_0009&from=EN
European Commission, Notice No 2014/C 217/11, Notice of initiation of an expiry review of the countervailing 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 217/25:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014XC0710(02)&from=FR
European Commission, Commission Implementing Regulation (EU) No 2015/1519 (14.09.2015), imposing definitive countervailing duties on imports of biodiesel originating in the United
States of America following an expiry review pursuant to Article 18 of Council Regulation (EC)
No 597/2009, Official Journal of the European Union, 15.09.2015, L 239, from p. L 239/99:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_239_R_0007&from=EN


Antii-circumvention concerning Canada


Official Journal of the European Union, 10.07.2009, L179/1:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R0598&from=EN
Official Journal of the European Union, 12.08.2010, L 211/6:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010R0721&from=EN
Official Journal of the European Union, 11.05.2011, L 122/1:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0443&from=EN
European Commission, Notice No 2015/C 162/09, Notice of initiation of a partial interim review of the countervailing 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 162/9:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2015_162_R_0009&from=EN
European Commission, Notice No 2014/C 217/11, Notice of initiation of an expiry review of the countervailing 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 217/25:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014XC0710(02)&from=FR
European Commission, Commission Implementing Regulation (EU) No 2015/1519 (14.09.2015), imposing definitive countervailing duties on imports of biodiesel originating in the United
States of America following an expiry review pursuant to Article 18 of Council Regulation (EC)
No 597/2009, Official Journal of the European Union, 15.09.2015, L 239, from p. L 239/99:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_239_R_0007&from=EN

Official Journal of the European Union, Case No. R619: COMMISSION IMPLEMENTING REGULATION (EU) 2016/675, 30 April 2016: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0675&from=EN

Inception date: 13 Mar 2009 | Removal date: open ended
Still in force

Anti-subsidy

On June 13, 2008, the European Commission announced the initiation of an anti-subsidy investigation on imports of certain biodiesel from the United States of America (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-dumping investigation was also initiated (see measure 2366).
 
On March 11, 2009, the European Commission decided to impose a provisional CVD on imports of biodiesel from the United States of America (Commission Regulation No. 194/2009, 11.03.2009). The amount of the duty in EUR per metric ton ranges from 211.2 to 237.0, 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 13, 2009, and is applicable for a period of four months.
 
On July 7, 2009, the European Commission decided to impose a definitive CVD on imports of biodiesel from the United States of America (Commission Regulation No. 598/2009, 07.07.2009). The amount of the definitive duty in EUR per metric ton ranges from 211.2 to 237.0, depending on the exporting company. 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 11, 2009.
 
On July 10th, 2014, the European Commission announced the initiation of a sunset review of the countervailing duty imposed on imports of biodiesel from the United States of America (Notice No 2014/C 217/11).
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 September 14th, 2015, the European authorities decided upon the continuation of the countervailing duty imposed on imports of biodiesel originating in the United States of America (Council Implementing Regulation (EU) No 2015/1519, 14.09.2015).
The amount of the duty ranges from USD 211.2 to USD 237.0 per metric ton, depending on the company. The countervailing 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.
 

AFFECTED SECTORS

 
Inception date: 12 May 2011 | Removal date: open ended
Still in force

Anti-circumvention

On June 30, 2010, the European Biodiesel Board lodged a request to investigate a possible circumvention of the CVD imposed on imports of biodiesel from the United States of America through Commission Regulation No. 598/2009 dated July 7, 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 11, 2010, the European Commission announced the initiation of an investigation concerning the possible circumvention of CVD imposed on imports of biodiesel from the United States of America through Commission Regulation No. 598/2009 dated July 7, 2009 (Commission Regulation No. 721/2010, 11.08.2010).

On May 5, 2011, the European authorities decided to extend the definitive CVD imposed on imports of certain biodiesel from the United States of America to imports of the same product from Canada (Council Implementing Regulation No. 443/2011, 05.05.2011). The investigation concerning imports originating in Singapore was terminated without the imposition of any duty.

The amount of the CVD imposed on imports from Canada is EUR 237 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 12, 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 countervailing duty imposed on imports of biodiesel from the United States of America (Notice No 2014/C 217/11).
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 countervailing 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 countervailing 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 162/09).
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 countervailing 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 162/09 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 countervailing 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 2015/1519, 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 237 per metric ton. However, the following companies are not subject to the measure: BIOX Corporation (Oakville, Ontario) and Rothsay Biodiesel (Guelph, Ontario).
The countervailing 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.
 
On 1 May 2016, the European Commission excepted DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada from the above countervailing duties. (Commission Implementing Regulation (EU) No 2016/675, 29.04.2016). This follows the above interim review initiated on 19 May 2015.