Article 1 
1. A definitive anti-dumping duty is hereby 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, currently falling within 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), and originating in the USA. 2. The rate of the definitive anti-dumping duty applicable to the products described in paragraph 1 and manufactured by the companies below shall be: Company AD duty rate EUR per tonne net TARIC additional code Archer Daniels Midland Company, Decatur 68,6 A933 Cargill Inc., Wayzata 0 A934 Green Earth Fuels of Houston LLC, Houston 70,6 A935 Imperium Renewables Inc., Seattle 76,5 A936 Peter Cremer North America LP, Cincinnati 198,0 A937 World Energy Alternatives LLC, Boston 82,7 A939 Companies listed in the Annex 115,6 see Annex All other companies 172,2 A999 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 gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content). 3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2 
Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 193/2009 falling within 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), and originating in the USA shall be definitively collected. The amounts secured in excess of the amount of the definitive anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected.
Article 3 
Where any party from the USA provides sufficient evidence to the Commission that it did not export the goods described in Article 1(1) originating in the USA during the period of investigation (1 April 2007-31 March 2008) that it is not related to an exporter or producer subject to the measures imposed by this Regulation; and that it has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Community after the end of the period of investigation, the Council, acting by simple majority on a proposal by the Commission, after consulting the Advisory Committee, may amend Article 1(2) in order to attribute to that party the duty applicable to cooperating producers not in the sample, i.e. EUR 115,6 per tonne.
Article 4 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .