Commission Implementing Regulation (EU) 2021/1267 of 29 July 2021 imposing definitive countervailing duties on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council
Modified by
  • Commission Implementing Regulation (EU) 2022/731of 12 May 2022amending Implementing Regulation (EU) 2021/1266 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America and Implementing Regulation (EU) 2021/1267 imposing definitive countervailing duties on imports of biodiesel originating in the United States of America, 32022R0731, May 13, 2022
Commission Implementing Regulation (EU) 2021/1267of 29 July 2021imposing definitive countervailing duties on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council
Article 11.A definitive countervailing 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 under CN codes ex15162098 (TARIC code 1516209829), ex15180091 (TARIC code 1518009129), ex15180099 (TARIC code 1518009929), ex27101943 (TARIC code 2710194329), ex27101946 (TARIC code 2710194629), ex27101947 (TARIC code 2710194729), ex27102011 (TARIC code 2710201129), ex27102016 (TARIC code 2710201629), ex38249992 (TARIC code 3824999212), ex38260010 (TARIC codes 3826001029, 3826001059, 3826001099) and ex38260090 (TARIC code 3826009019).2.The rates of the definitive countervailing 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:
CompanyCountervailing duty rate EUR per tonne netTARIC additional code
Archer Daniels Midland Company, Decatur237,0A933
Cargill Inc., Wayzata213,8A934
Green Earth Fuels of Houston LLC, Houston213,4A935
Imperium Renewables Inc., Seattle216,8A936
Peter Cremer North America LP, Cincinnati211,2A937
Vinmar Overseas Limited, Houston211,2A938
World Energy Alternatives LLC, Boston211,2A939
Companies listed in Annex I219,4See Annex I
All other companies237,0A999
The countervailing 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.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 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.
Article 21.The definitive countervailing duty applicable to "all other companies" as set out in Article 1, paragraph 2, is extended to 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, consigned from Canada, whether declared as originating in Canada or not, currently falling under CN codes ex15162098 (TARIC code 1516209821), ex15180091 (TARIC code 1518009121), ex15180099 (TARIC code 1518009921), ex27101943 (TARIC code 2710194321), ex27101946 (TARIC code 2710194621), ex27101947 (TARIC code 2710194721), ex27102011 (TARIC code 2710201121), ex27102016 (TARIC code 2710201621), ex38249992 (TARIC code 3824999210), ex38260010 (TARIC codes 3826001020, 3826001050, 3826001089) and ex38260090 (TARIC code 3826009011), with the exception of those produced by the companies listed below:
CountryCompanyTARIC additional code
CanadaBIOX Corporation, Oakville, Ontario, CanadaB107
CanadaDSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, CanadaC114
CanadaRothsay Biodiesel, Guelph, Ontario, CanadaB108
CanadaVerbio Diesel Canada Corporation, Welland, Ontario, CanadaC600
The duty to be extended shall be the one established for "all other companies" in Article 1(2), which is a definitive countervailing duty of EUR 237 per tonne net.The countervailing 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 gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).2.The application of exemptions granted to the companies listed in paragraph 1 or authorised by the Commission in accordance with Article 4(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the countervailing duty as imposed by paragraph 1 shall apply.
Article 31.The definitive countervailing duty as set out in Article 1, paragraph 2, is hereby extended to 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 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 under CN codes ex15162098 (TARIC code 1516209830), ex15180091 (TARIC code 1518009130), ex15180099 (TARIC code 1518009930), ex27101943 (TARIC code 2710194330), ex27101946 (TARIC code 2710194630), ex27101947 (TARIC code 2710194730), ex27102011 (TARIC code 2710201130), ex27102016 (TARIC code 2710201630), ex38249992 (TARIC code 3824999220) and ex38260090 (TARIC code 3826009030).The countervailing 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).2.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 conform to the requirements set out in Annex III. If no such invoice is presented, the duty rate applicable under Article 1(2) to "all other companies" shall apply.
Article 41.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:European CommissionDirectorate-General for TradeDirectorate GOffice: Rue de la loi 170, CHAR 04/0341049 Bruxelles/BrusselBELGIQUE/BELGIËEmail: TRADE-TDI-INFORMATION@ec.europa.eu2.In accordance with Article 23(6) of Regulation (EU) 2016/1037, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the countervailing measures imposed by Article 1, from the duty extended by Article 2(1) and Article 3(1).
Article 5In 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) 2015/2447Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558)., the amount of countervailing duty laid down in Articles 1, 2 and 3 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 6This 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.ANNEX I
Company NameCityTARIC additional code
AC & S Inc.NitroA941
Alabama Clean Fuels Coalition Inc.BirminghamA940
American Made Fuels, Inc.CantonA940
Arkansas SoyEnergy GroupDeWittA940
Arlington Energy, LLCMansfieldA940
Athens Biodiesel, LLCAthensA940
Beacon EnergyCleburneA940
Biodiesel of Texas, Inc.DentonA940
BioDiesel One LtdSouthingtonA940
BioPur Inc.BethlehemA941
Buffalo Biodiesel, IncTonawandaA940
BullDog BioDieselEllenwoodA940
Carbon Neutral Solutions, LLCMauldinA940
Central Iowa Energy LLCNewtonA940
Chesapeake Custom Chemical Corp.RidgewayA940
Community FuelsStocktonA940
Delta BioFuels Inc.NatchezA940
Diamond BiofuelsMazonA940
Direct FuelsEulessA940
Eagle Creek Fuel Services, LLCBaltimoreA940
Earl Fisher Bio FuelsChesterA940
East Fork Biodiesel LLCAlgonaA940
ECO Solutions, LLCChatsworthA940
Ecogy Biofuels LLCTulsaA940
ED&F Man Biofuels Inc.New OrleansA940
Freedom Biofuels Inc.MadisonA940
Freedom Fuels LLCMason CityA941
Fuel & Lube, LLCRichmondA940
Fuel BioElizabethA940
FUMPA Bio FuelsRedwood FallsA940
Galveston Bay Biodiesel LP (BioSelect Fuels)HoustonA940
GeoGreen Fuels LLCHoustonA940
Georgia Biofuels Corp.LoganvilleA940
Green River Biodiesel, Inc.MoundvilleA940
Griffin Industries Inc.Cold SpringA940
High Plains BioenergyGuymonA940
Huish Detergents Inc.Salt Lake CityA940
Incobrasa Industries Ltd.GilmanA940
Independence Renewable Energy Corp.Perdue HillA940
Indiana Flex FuelsLaPorteA940
Innovation Fuels Inc.NewarkA940
Integrity BiofuelsMorristownA941
Iowa Renewable Energy LLCWashingtonA940
Johann Haltermann Ltd.HoustonA940
Lake Erie Biofuels LLCErieA940
Leland Organic CorporationLelandA940
Louis Dreyfus Agricultural Industries LLCClaypoolA940
Louis Dreyfus Claypool Holdings LLCClaypoolA940
Middle Georgia BiofuelsEast DublinA940
Middletown Biofuels LLCBlairsvilleA940
Musket CorporationOklahoma CityA940
Natural Biodiesel Plant LLCHaytiA941
New Fuel CompanyDallasA940
North Mississippi BiodieselNew AlbanyA940
Northern Biodiesel, Inc.OntarioA940
Northwest Missouri Biofuels, LLCSt. JosephA940
Nova Biofuels Clinton County LLCClintonA940
Nova BiosourceSenacaA940
Organic Fuels Ltd.HoustonA940
Owensboro Grain Company LLCOwensboroA940
Paseo Cargill Energy, LLCKansas CityA940
Peach State Labs Inc.RomeA940
Perihelion Global, Inc.OppA940
Philadelphia Fry-O-Diesel Inc.PhiladelphiaA940
Piedmont Biofuels Industrial LLCPittsboroA941
Pinnacle Biofuels, Inc.CrossettA940
PK BiodieselWoodstockA940
Pleasant Valley Biofuels, LLCAmerican FallsA940
Prairie PrideDeerfieldA941
RBF Port Neches LLCHoustonA940
Red Birch Energy, Inc.BassettA940
Red River Biodiesel Ltd.New BostonA940
REG Ralston LLCRalstonA940
Renewable Energy Products, LLCSanta Fe SpringsA940
Riksch BioFuels LLCCrawfordsvilleA940
Safe Renewable Corp.ConroeA940
Sanimax Energy Inc.DeForestA940
Seminole BiodieselBainbridgeA940
Southeast BioDiesel LLCCharlotteA941
Soy SolutionsMilfordA940
SoyMor Biodiesel LLCAlbert LeaA940
Stepan CompanyNorthfieldA941
Sunshine BioFuels, LLCCamillaA940
TPA Inc.WarrenA940
Trafigura AGStamfordA940
U.S. Biofuels Inc.RomeA940
United Oil CompanyPittsburghA940
Valco BioenergyHarlingenA940
Vanguard Synfuels, LLCPollockA940
Vitol Inc.HoustonA940
Walsh Bio Diesel, LLCMaustonA940
Western Dubque Biodiesel LLCFarleyA940
Western Iowa Energy LLCWall LakeA940
Western Petroleum CompanyEden PrairieA940
Yokaya Biofuels Inc.UkiahA941
ANNEX IIA declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3) or Article 2(2):The name and function of the official of the entity issuing the commercial invoice.The following declaration: "I, the undersigned, certify that the (volume) 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 sold for export to the European Union covered by this invoice was manufactured by [company name and address (TARIC additional code)] in [countr[y]ies concerned]. I declare that the information provided in this invoice is complete and correct."ANNEX IIIA declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 3(2):The name and function of the official of the entity issuing the commercial invoice.The following declaration: "I, the undersigned, certify that the (volume) 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 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin sold for export to the European Union covered by this invoice was manufactured by [company name and address] [TARIC additional code] in the United States of America. I declare that the information provided in this invoice is complete and correct."
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