Council Regulation (EC) No 599/2009 of 7 July 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America

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 ex15162098 (TARIC code 1516209820), ex15180091 (TARIC code 1518009120), ex15180099 (TARIC code 1518009920), ex27101941 (TARIC code 2710194120), 38249091, ex38249097 (TARIC code 3824909787), 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: CompanyAD duty rate EUR per tonne netTARIC additional codeArcher Daniels Midland Company, Decatur68,6A933Cargill Inc., Wayzata0A934Green Earth Fuels of Houston LLC, Houston70,6A935Imperium Renewables Inc., Seattle76,5A936Peter Cremer North America LP, Cincinnati198,0A937World Energy Alternatives LLC, Boston82,7A939Companies listed in the Annex115,6see AnnexAll other companies172,2A999 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.

Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 193/2009 falling within CN codes ex15162098 (TARIC code 1516209820), ex15180091 (TARIC code 1518009120), ex15180099 (TARIC code 1518009920), ex27101941 (TARIC code 2710194120), 38249091, ex38249097 (TARIC code 3824909787), 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.

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.

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