The European Commission has published in the Official Journal of the European Union, Regulation (EC) Nº 193/2009 and Regulation (EC) Nº 194/2009 imposing respectively, a provisional anti-dumping duty and a provisional countervailing duty, on imports of biodiesel originating in the United States of America. This decisions close the anti-dumping and  anti-subsidy proceedings, initiated by the European Commission on June 2008.

The European Commission announced on June 13th 2008, by two notices of initiation published in the Official Journal of the European Union, the initiation of an anti-dumping proceeding and an anti-subsidy proceeding with regard to imports into the Community of biodiesel originating in the United States of America, and commenced separate investigations.

After closing the investigations, the Commission has concluded to adopt anti-dumping and countervailing duties on imports of biodiesel originating in the USA.

The Commission concluded that the imposition of measures on imports of biodiesel originating in the USA would clearly be in the interests of the Community industry. It would allow the Community industry to grow and to recover from the injury caused by the dumped and subsidised imports.

If, however, no measures were to be imposed, it is likely that the economic situation of the Community industry would continue to deteriorate and more operators would go out of business. Furthermore, while no clear conclusions could be made with regard to users and importers, the imposition of measures was also expected to be in the interests of raw material suppliers.

Products affected by provisional anti-dumping and countervailing duties

Provisional anti-dumping duty and provisional countervailing duty, are therefore imposed on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America and falling within Combined Nomenclature (CN codes):

• ex 1516 20 98 (TARIC code 1516 20 98 20)
• ex 1518 00 91 (TARIC code 1518 00 91 20)
• ex 1518 00 99 (TARIC code 1518 00 99 20)
• ex 2710 19 41 (TARIC code 2710 19 41 20)
• 3824 90 91
• ex 3824 90 97 (TARIC code 3824 90 97 87)

The release for free circulation in the Community of such products will be subject to the provision of a security, equivalent to the amount of the provisional duty.

Provisional anti-dumping duty will be applicable for a maximum period of six months, while provisional countervailing duty will apply for a period of four months.