Legal provisions of COM(2009)271 - Definitive countervailing duty on imports of biodiesel from the USA

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dossier COM(2009)271 - Definitive countervailing duty on imports of biodiesel from the USA.
document COM(2009)271 EN
date July  7, 2009

Contents

Article 1

1. 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.

2. The rate of the definitive countervailing duty applicable to the products described in paragraph 1 and manufactured by the companies below shall be:

CompanyCountervailing duty rate Euro 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 the Annex219,4see Annex
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. 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.