Commission Implementing Regulation (EU) 2015/1518 of 14 September 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

A definitive anti-dumping 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 ), ex 3824 90 92 (TARIC code 3824909212 ), ex 3826 00 10 (TARIC codes 3826001029 , 3826001039 , 3826001049 , 3826001099 ), and ex 3826 00 90 (TARIC code 3826009019 ).

The rates of the definitive anti-dumping 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:

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 ([^E0001]), the amount of anti-dumping 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.

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.

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

Where any party from the United States of America provides sufficient evidence to the Commission that:

The definitive anti-dumping duty applicable to ‘all other companies’ 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 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:

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 anti-dumping 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.

The application of the exemptions granted to companies listed in paragraph 1 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 as imposed by Article 1, paragraph 1 to ‘all other companies’ shall apply.

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

The definitive anti-dumping 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 ), and ex 3826 00 90 (TARIC code 3826009030 )..

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 anti-dumping 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.

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.

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

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:

In accordance with Article 13(4) of Regulation (EC) No 1225/2009, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 599/2009, from the duty extended by Article 2(1) and Article 3(1).