2015R1519 — EN — 01.05.2016 — 001.001

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Amended by:









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COMMISSION IMPLEMENTING REGULATION (EU) 2015/1519

of 14 September 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







Article 1

1. A definitive countervailing duty is 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 USA, currently falling within CN codes ex 1516 20 98 (TARIC code 1516209829 ), ex 1518 00 91 (TARIC code 1518009129 ), ex 1518 00 99 (TARIC code 1518009929 ), ex 2710 19 43 (TARIC code 2710194329 ), ex 2710 19 46 (TARIC code 2710194629 ), ex 2710 19 47 (TARIC code 2710194729 ), ex 2710 20 11 (TARIC code 2710201129 ), ex 2710 20 15 (TARIC code 2710201529 ), ex 2710 20 17 (TARIC code 2710201729 ), 3824 90 92 (TARIC code 3824909212 ), ex 3826 00 10 (TARIC codes 3826001029 , 3826001039 , 3826001049 , 3826001099 ) and ex 3826 00 90 (TARIC code 3826009019 ).

2. The rates of the definitive countervailing duty applicable to the, net free-at Union frontier price, before duty, of the product described in paragraph 1, and manufactured by the companies listed below, shall be a fixed amount as follows:







Company Countervailing duty rate EUR per tonne net TARIC additional code Archer Daniels Midland Company, Decatur 237,0 A933 Cargill Inc., Wayzata 213,8 A934 Green Earth Fuels of Houston LLC, Houston 213,4 A935 Imperium Renewables Inc., Seattle 216,8 A936 Peter Cremer North America LP, Cincinnati 211,2 A937 Vinmar Overseas Limited, Houston 211,2 A938 World Energy Alternatives LLC, Boston 211,2 A939 Companies listed in Annex I 219,4 See Annex I All other companies 237,0 A999

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 gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).

3. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145 paragraphs 2 and 3 of Commission Regulation (EEC) No 2454/93 ( 31 ), the amount of countervailing duty laid down in paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.

4. The application of the individual duty rate specified for the companies listed in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall to conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.

5. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.

Article 2

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1. The definitive countervailing duty applicable to ‘all other companies’ as set out in Article 1, paragraph 2, is extended to imports into the Union 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, consigned from Canada, whether declared as originating in Canada or not, currently falling within CN codes ex 1516 20 98 (TARIC code 1516209821 ), ex 1518 00 91 (TARIC code 1518009121 ), ex 1518 00 99 (TARIC code 1518009921 ), ex 2710 19 43 (TARIC code 2710194321 ), ex 2710 19 46 (TARIC code 2710194621 ), ex 2710 19 47 (TARIC code 2710194721 ), ex 2710 20 11 (TARIC code 2710201121 ), ex 2710 20 15 (TARIC code 2710201521 ), ex 2710 20 17 (TARIC code 2710201721 ), ex 3824 90 92 (TARIC code 3824909210 ), ex 3826 00 10 (TARIC codes 3826001020 , 3826001030 , 3826001040 , 3826001089 ) and ex 3826 00 90 (TARIC code 3826009011 ), with the exception of those produced by the companies listed below:







Country Company TARIC additional code Canada BIOX Corporation, Oakville, Ontario, Canada B107 DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada C114 Rothsay Biodiesel, Guelph, Ontario, Canada B108

The duty to be extended shall be the one established for ‘All other companies’ in Article 1(2) of Regulation (EC) No 598/2009, which is a definitive countervailing duty of EUR 237 per tonne net.

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 gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).

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2. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145, paragraphs 2 and 3 of Regulation (EEC) No 2454/93, the amount of countervailing duty laid down in Article 1, paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.

3. The application of exemptions granted to the companies listed in paragraph 1 or authorised by the Commission in accordance with Article 5(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the countervailing duty as imposed by paragraph 1 shall apply.

4. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.

Article 3

1. The definitive countervailing duty as set out in Article 1, paragraph 2, is hereby extended to imports into the Union 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 a blend containing by weight 20 % or less 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 currently falling within CN codes ex 1516 20 98 (TARIC code 1516209830 ), ex 1518 00 91 (TARIC code 1518009130 ), ex 1518 00 99 (TARIC code 1518009930 ), ex 2710 19 43 (TARIC code 2710194330 ), ex 2710 19 46 (TARIC code 2710194630 ), ex 2710 19 47 (TARIC code 2710194730 ), ex 2710 20 11 (TARIC code 2710201130 ), ex 2710 20 15 (TARIC code 2710201530 ), ex 2710 20 17 (TARIC code 2710201730 ), ex 3824 90 92 (TARIC code 3824909220 ), ex 3826 00 90 (TARIC code 3826009030 ).

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 gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).

2. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145, paragraphs 2 and 3 of Regulation (EEC) No 2454/93, the amount of the countervailing duty laid down in Article 1, paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.

3. The application of the individual duty rate specified for the companies listed in Article 1, paragraph 2, shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall to conform to the requirements set out in Annex III. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.

4. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.

Article 4

1. Requests for exemption from the duty extended by Article 2(1) and Article 3(1) shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:

European Commission

Directorate-General for Trade

Directorate H

Office: Rue de la Loi 170, CHAR 04/034

1049 Brussels

BELGIUM

e-mail: TRADE-TDI-INFORMATION@ec.europa.eu

2. In accordance with Article 23(6) of Regulation (EC) No 597/2009, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the countervailing measures imposed by Regulation (EC) No 598/2009, from the duty extended by Article 2(1) and Article 3(1).

Article 5

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.









ANNEX I







Company Name City TARIC additional code AC & S Inc. Nitro A941 Alabama Clean Fuels Coalition Inc. Birmingham A940 American Made Fuels, Inc. Canton A940 Arkansas SoyEnergy Group DeWitt A940 Arlington Energy, LLC Mansfield A940 Athens Biodiesel, LLC Athens A940 Beacon Energy Cleburne A940 Biodiesel of Texas, Inc. Denton A940 BioDiesel One Ltd Southington A940 BioPur Inc. Bethlehem A941 Buffalo Biodiesel, Inc Tonawanda A940 BullDog BioDiesel Ellenwood A940 Carbon Neutral Solutions, LLC Mauldin A940 Central Iowa Energy LLC Newton A940 Chesapeake Custom Chemical Corp. Ridgeway A940 Community Fuels Stockton A940 Delta BioFuels Inc. Natchez A940 Diamond Biofuels Mazon A940 Direct Fuels Euless A940 Eagle Creek Fuel Services, LLC Baltimore A940 Earl Fisher Bio Fuels Chester A940 East Fork Biodiesel LLC Algona A940 ECO Solutions, LLC Chatsworth A940 Ecogy Biofuels LLC Tulsa A940 ED&F Man Biofuels Inc. New Orleans A940 Freedom Biofuels Inc. Madison A940 Freedom Fuels LLC Mason City A941 Fuel & Lube, LLC Richmond A940 Fuel Bio Elizabeth A940 FUMPA Bio Fuels Redwood Falls A940 Galveston Bay Biodiesel LP (BioSelect Fuels) Houston A940 GeoGreen Fuels LLC Houston A940 Georgia Biofuels Corp. Loganville A940 Green River Biodiesel, Inc. Moundville A940 Griffin Industries Inc. Cold Spring A940 High Plains Bioenergy Guymon A940 Huish Detergents Inc. Salt Lake City A940 Incobrasa Industries Ltd Gilman A940 Independence Renewable Energy Corp. Perdue Hill A940 Indiana Flex Fuels LaPorte A940 Innovation Fuels Inc. Newark A940 Integrity Biofuels Morristown A941 Iowa Renewable Energy LLC Washington A940 Johann Haltermann Ltd Houston A940 Lake Erie Biofuels LLC Erie A940 Leland Organic Corporation Leland A940 Louis Dreyfus Agricultural Industries LLC Claypool A940 Louis Dreyfus Claypool Holdings LLC Claypool A940 Middle Georgia Biofuels East Dublin A940 Middletown Biofuels LLC Blairsville A940 Musket Corporation Oklahoma City A940 Natural Biodiesel Plant LLC Hayti A941 New Fuel Company Dallas A940 North Mississippi Biodiesel New Albany A940 Northern Biodiesel, Inc. Ontario A940 Northwest Missouri Biofuels, LLC St. Joseph A940 Nova Biofuels Clinton County LLC Clinton A940 Nova Biosource Senaca A940 Organic Fuels Ltd Houston A940 Owensboro Grain Company LLC Owensboro A940 Paseo Cargill Energy, LLC Kansas City A940 Peach State Labs Inc. Rome A940 Perihelion Global, Inc. Opp A940 Philadelphia Fry-O-Diesel Inc. Philadelphia A940 Piedmont Biofuels Industrial LLC Pittsboro A941 Pinnacle Biofuels, Inc. Crossett A940 PK Biodiesel Woodstock A940 Pleasant Valley Biofuels, LLC American Falls A940 Prairie Pride Deerfield A941 RBF Port Neches LLC Houston A940 Red Birch Energy, Inc. Bassett A940 Red River Biodiesel Ltd New Boston A940 REG Ralston LLC Ralston A940 Renewable Energy Products, LLC Santa Fe Springs A940 Riksch BioFuels LLC Crawfordsville A940 Safe Renewable Corp. Conroe A940 Sanimax Energy Inc. DeForest A940 Seminole Biodiesel Bainbridge A940 Southeast BioDiesel LLC Charlotte A941 Soy Solutions Milford A940 SoyMor Biodiesel LLC Albert Lea A940 Stepan Company Northfield A941 Sunshine BioFuels, LLC Camilla A940 TPA Inc. Warren A940 Trafigura AG Stamford A940 U.S. Biofuels Inc. Rome A940 United Oil Company Pittsburgh A940 Valco Bioenergy Harlingen A940 Vanguard Synfuels, LLC Pollock A940 Vitol Inc. Houston A940 Walsh Bio Diesel, LLC Mauston A940 Western Dubque Biodiesel LLC Farley A940 Western Iowa Energy LLC Wall Lake A940 Western Petroleum Company Eden Prairie A940 Yokaya Biofuels Inc. Ukiah A941









ANNEX II

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(2), Article 2(2) or Article 3(2):

— The name and function of the official of the entity issuing the commercial invoice.

— The following declaration: — ‘I, the undersigned, certify that the (volume) 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 sold for export to the European Union covered by this invoice was manufactured by [company name and address (TARIC additional code)] in [countr[y]ies concerned]. I declare that the information provided in this invoice is complete and correct.’









ANNEX III

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 3(3):

— The name and function of the official of the entity issuing the commercial invoice.

— The following declaration: — ‘I, the undersigned, certify that the (volume) 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 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin sold for export to the European Union covered by this invoice was manufactured by [company name and address] [TARIC additional code] in the United States of America. I declare that the information provided in this invoice is complete and correct.’