A definitive countervailing 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), 3824 90 91, ex38249097 (TARIC code 3824909787), and originating in the United States of America.
Council Regulation (EC) No 598/2009 of 7 July 2009 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America
Council Regulation (EC) No 598/2009 of 7 July 2009 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidized imports from countries not members of the European Community(1) (the ‘basic Regulation’), and in particular Article 15 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
HAS ADOPTED THIS REGULATION:
Article 1
1.
2.
The rate of the definitive countervailing duty applicable to the products described in paragraph 1 and manufactured by the companies below shall be:
Company |
Countervailing duty rate Euro per tonne net |
TARIC additional code |
|---|---|---|
Archer Daniels Midland Company, Decatur |
237,0 |
A933 |
Cargill Inc., Wayzata |
213,8 |
A934 |
Green Earth Fuels of Houston LLC, Houston |
213,4 |
A935 |
Imperium Renewables Inc., Seattle |
216,8 |
A936 |
Peter Cremer North America LP, Cincinnati |
211,2 |
A937 |
Vinmar Overseas Limited, Houston |
211,2 |
A938 |
World Energy Alternatives LLC, Boston |
211,2 |
A939 |
Companies listed in the Annex |
219,4 |
see Annex |
All other companies |
237,0 |
A999 |
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.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Amounts secured by way of provisional countervailing duties pursuant to Commission Regulation (EC) No 194/2009 on imports of biodiesel falling within CN codes ex15162098 (TARIC code 1516209820), ex15180091 (TARIC code 1518009120), ex15180099 (TARIC code 1518009920), ex27101941 (TARIC code 2710194120), 3824 90 91, ex38249097 (TARIC code 3824909787), and originating in the United States of America shall be definitively collected. The amounts secured in excess of the amount of the definitive countervailing 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.
Article 3
This 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.
Done at Brussels, 7 July 2009.
For the Council
The President
A. Borg