Commission Implementing Regulation (EU) 2023/111 of 18 January 2023 imposing a definitive anti-dumping duty on imports of fatty acid originating in Indonesia

1 A definitive anti-dumping duty is imposed on imports of fatty acids with a carbon chain length of C6, C8, C10, C12, C14, C16 or C18 with an iodine value below 105 g/100 g and with a ratio of free fatty acids to triglycerides (degree of split – DoS) of at least 97 %, including: single fatty acid (also referred to as ‘pure cut’), and blends containing a combination of two or more carbon chain lengths, excluding fatty acid certified by a voluntary scheme for the production of sustainable biofuels, bioliquids and biomass fuels recognized by the European Commission pursuant to Article 30(4) or a national certification scheme established pursuant to Article 30(6) of Directive (EU) 2018/2001, currently falling within CN codes ex29157040, ex29157050, ex29159030, ex29159070, ex29161500, ex38231100, ex38231200, ex38231910 and ex38231990 (TARIC codes: 2915704095, 2915705010, 2915903095, 2915907095, 2916150010, 3823110020, 3823110070, 3823120020, 3823120070, 3823191030, 3823191070, 3823199070 and 3823199095) and originating in Indonesia.

2 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 produced by the companies listed below shall be as follows: CompanyDefinitive anti-dumping duty (%)TARIC additional codeP.T. Musim Mas46,4C880P.T. Wilmar Nabati Indonesia15,2C881Other cooperating companies listed in Annex26,6See AnnexAll other companies46,4C999

3 The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.

4 In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Commission Implementing Regulation (EU) 2015/2447 the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

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

Where a new exporting producer from Indonesia provides sufficient evidence to the Commission, the Annex may be amended by adding that new exporting producer to the list of cooperating companies not included in the sample and thus subject to the appropriate weighted average anti-dumping duty rate, namely 26,6 %. A new exporting producer shall provide evidence that: (a) it did not export the goods described in Article 1(1) originating in Indonesia during the period of investigation (1 October 2020 to 30 September 2021); (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation; and (c) it has either actually exported the goods described in Article 1(1) originating in Indonesia or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.

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