Commission Implementing Regulation (EU) 2023/1637 of 16 August 2023 initiating an investigation concerning possible circumvention of the countervailing measures imposed by Implementing Regulation (EU) 2019/2092 on imports of biodiesel originating in Indonesia by imports of biodiesel consigned from the People’s Republic of China and the United Kingdom, whether declared as originating in the People’s Republic of China and the United Kingdom or not, and making such imports subject to registration

An investigation is initiated pursuant to Article 23(4) of Regulation (EU) 2016/1037, in order to determine if imports into the Union of fatty-acid mono-alkyl esters and/or paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin, in pure form or as included in a blend, currently classified under CN codes ex15162098, ex15180091, ex15180095, ex15180099, ex27101943, ex27101946, ex27101947, 27102011, 27102016, ex38249992, 38260010 and ex38260090, consigned from the People’s Republic of China and the United Kingdom, whether declared as originating in the People’s Republic of China and the United Kingdom or not (TARIC codes 1516209822, 1516209823, 1516209831, 1516209832, 1518009122, 1518009123, 1518009131, 1518009132, 1518009510, 1518009511, 1518009922, 1518009923, 1518009931, 1518009932, 2710194322, 2710194323, 2710194331, 2710194332, 2710194622, 2710194623, 2710194631, 2710194632, 2710194722, 2710194723, 2710194731, 2710194732, 2710201122, 2710201123, 2710201131, 2710201132, 2710201622, 2710201623, 2710201631, 2710201632, 2710201691, 2710201692, 3824999211, 3824999213, 3824999215, 3824999216, 3826001021, 3826001022, 3826001051, 3826001052, 3826001090, 3826001091, 3826009012, 3826009013, 3826009031 and 3826009032) are circumventing the measures imposed by Implementing Regulation (EU) 2019/2092.

1 The customs authorities of the Member States shall, pursuant to Article 23(4) and Article 24(5) of Regulation (EU) 2016/1037, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.

2 Registration shall expire nine months following the date of entry into force of this Regulation.

1 Interested parties must make themselves known by contacting the Commission within 15 days from the date of entry into force of this Regulation.

2 Interested parties, if their representations are to be taken into account during the investigation, must present their views in writing and submit questionnaire replies, requests for exemptions, or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

3 Interested parties may also apply to be heard by the Commission within the same 37-day time limit. For hearings pertaining to the initiation stage of the investigation the request must be submitted within 15 days of the date of entry into force of this Regulation. Any request to be heard must be made in writing and must specify the reasons for the request.

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