Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia
Modified by
  • Commission Implementing Regulation (EU) 2017/1578of 18 September 2017amending Implementing Regulation (EU) No 1194/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia, 32017R1578, September 19, 2017
Council Implementing Regulation (EU) No 1194/2013of 19 November 2013imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia
Article 11.A definitive anti-dumping duty is hereby imposed on imports 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 falling within CN codes ex15162098 (TARIC codes 1516209821, 1516209829 and 1516209830), ex15180091 (TARIC codes 1518009121, 1518009129 and 1518009130), ex15180095 (TARIC code 1518009510), ex15180099 (TARIC codes 1518009921, 1518009929 and 1518009930), ex27101943 (TARIC codes 2710194321, 2710194329 and 2710194330), ex27101946 (TARIC codes 2710194621, 2710194629 and 2710194630), ex27101947 (TARIC codes 2710194721, 2710194729 and 2710194730), 27102011, 27102015, 27102017, ex38249097 (TARIC codes 3824909701, 3824909703 and 3824909704), 38260010 and ex38260090 (TARIC codes 3826009011, 3826009019 and 3826009030), and originating in Argentina and Indonesia.2.The rate of the definitive anti-dumping duty applicable to the product described in paragraph 1 and produced by the companies listed below, shall be as follows:
CountryCompanyDuty rateEUR per tonne netTARIC additional code
ArgentinaAceitera General Deheza S.A., General Deheza, Rosario; Bunge Argentina S.A., Buenos Aires79,56B782
Louis Dreyfus Commodities S.A., Buenos Aires43,18B783
Molinos Agro S.A., Buenos Aires; Oleaginosa Moreno Hermanos S.A.F.I.C.I. y A., Bahia Blanca; Vicentin S.A.I.C., Avellaneda62,91B784
Other cooperating companies:Cargill S.A.C.I., Buenos Aires; Unitec Bio S.A., Buenos Aires; Viluco S.A., Tucuman62,52B785
All other companies79,56B999
IndonesiaPT Ciliandra Perkasa, Jakarta76,94B786
PT Musim Mas, Medan151,32B787
PT Pelita Agung Agrindustri, Medan145,14B788
PT Wilmar Bioenergi Indonesia, Medan; PT Wilmar Nabati Indonesia, Medan174,91B789
Other cooperating companies:PT Cermerlang Energi Perkasa, Jakarta166,95B790
All other companies178,85B999
3.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 paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).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 145 of Regulation (EEC) No 2454/93Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1). the amount of anti-dumping duty, calculated on 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.
Article 2The amounts secured by way of the provisional anti-dumping duties imposed by Commission Regulation (EU) No 490/2013 on imports of biodiesel originating in Argentina and Indonesia shall be definitively collected.
Article 3Where any new exporting producer in Argentina or Indonesia provides sufficient evidence to the Commission that:it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2011 to 30 June 2012),it is not related to any of the exporters or producers in Argentina or Indonesia which are subject to the measures imposed by this Regulation,it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,Article 1(2) may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of the country concerned.
Article 4This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 11.A definitive anti-dumping duty is hereby imposed on imports 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 falling within CN codes ex15162098 (TARIC codes 1516209821, 1516209829 and 1516209830), ex15180091 (TARIC codes 1518009121, 1518009129 and 1518009130), ex15180095 (TARIC code 1518009510), ex15180099 (TARIC codes 1518009921, 1518009929 and 1518009930), ex27101943 (TARIC codes 2710194321, 2710194329 and 2710194330), ex27101946 (TARIC codes 2710194621, 2710194629 and 2710194630), ex27101947 (TARIC codes 2710194721, 2710194729 and 2710194730), 27102011, 27102015, 27102017, ex38249097 (TARIC codes 3824909701, 3824909703 and 3824909704), 38260010 and ex38260090 (TARIC codes 3826009011, 3826009019 and 3826009030), and originating in Argentina and Indonesia.2.The rate of the definitive anti-dumping duty applicable to the product described in paragraph 1 and produced by the companies listed below, shall be as follows:
CountryCompanyDuty rateEUR per tonne netTARIC additional code
ArgentinaAceitera General Deheza S.A., General Deheza, Rosario; Bunge Argentina S.A., Buenos Aires79,56B782
Louis Dreyfus Commodities S.A., Buenos Aires43,18B783
Molinos Agro S.A., Buenos Aires; Oleaginosa Moreno Hermanos S.A.F.I.C.I. y A., Bahia Blanca; Vicentin S.A.I.C., Avellaneda62,91B784
Other cooperating companies:Cargill S.A.C.I., Buenos Aires; Unitec Bio S.A., Buenos Aires; Viluco S.A., Tucuman62,52B785
All other companies79,56B999
IndonesiaPT Ciliandra Perkasa, Jakarta76,94B786
PT Musim Mas, Medan151,32B787
PT Pelita Agung Agrindustri, Medan145,14B788
PT Wilmar Bioenergi Indonesia, Medan; PT Wilmar Nabati Indonesia, Medan174,91B789
Other cooperating companies:PT Cermerlang Energi Perkasa, Jakarta166,95B790
All other companies178,85B999
3.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 paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).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 145 of Regulation (EEC) No 2454/93Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1). the amount of anti-dumping duty, calculated on 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.
Article 2The amounts secured by way of the provisional anti-dumping duties imposed by Commission Regulation (EU) No 490/2013 on imports of biodiesel originating in Argentina and Indonesia shall be definitively collected.
Article 3Where any new exporting producer in Argentina or Indonesia provides sufficient evidence to the Commission that:it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2011 to 30 June 2012),it is not related to any of the exporters or producers in Argentina or Indonesia which are subject to the measures imposed by this Regulation,it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,Article 1(2) may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of the country concerned.
Article 4This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.