The Biobased and Renewable Products Advocacy Group (BRAG) helps members develop and bring to market their innovative biobased and renewable chemical products through insightful policy and regulatory advocacy. BRAG is managed by B&C® Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C.

By Lauren M. Graham, Ph.D.

On May 12, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register its preliminary determinations regarding the antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  ITC confirmed that there is a reasonable indication that an industry in the U.S. is materially injured by imports of biodiesel from Argentina and Indonesia, which are alleged to be sold in the U.S. at less than fair value (LTFV) and to be subsidized by the governments of Argentina and Indonesia.  As a result, the U.S. Department of Commerce (DOC) will continue conducting its AD and CVD investigation.  According to the notice, ITC will publish a final phase notice of scheduling in the Federal Register upon notice from DOC of affirmative preliminary determinations in the investigations, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations.  More information on the ITC determinations, which were made pursuant to Section 703(a) and 733(a) of the Tariff Act of 1930, is currently available on ITC’s website and will be available in the ITC public report titled “Biodiesel from Argentina and Indonesia: Investigation” (publication number 4690).


 

By Lauren M. Graham, Ph.D.

On April 12, 2017, the nova-Institute announced the publication of its commentary on the European Commission’s proposal for a revised Renewable Energy Directive (RED).  The proposal, which is referred to as RED II, aims to raise renewable energy usage in Europe to 27 percent by 2030 and to require fuel suppliers to include a minimum share of advanced biofuels in their offering, which will increase steadily between 2021 and 2030.  In its commentary, the nova-Institute analyzed how the revisions presented in RED II would impact the biobased materials sector.  According to the report, the inclusion of CO2-biobased fuels in RED II indicates that the available support will be spread across more forms of energy supply than before, which may improve competition and access to biomass.  The report also states that the cap on biofuels produced from food or feed crops will likely allow an increase of biomass demand by biobased materials, which can be expected to contribute to an upswing of the biobased materials sector.


 

By Lauren M. Graham, Ph.D.

On April 13, 2017, the U.S. Department of Commerce (DOC) announced that it was formally initiating antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  The decision follows a petition filed by the National Biodiesel Board Fair Trade Coalition, as reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post “National Biodiesel Board Fair Trade Coalition Files Antidumping, Countervailing Duty Petition.”  The National Biodiesel Board and U.S. biodiesel producers also provided testimony to the International Trade Commission (ITC) on April 13, 2017, explaining that Argentine and Indonesian companies are violating trade laws by flooding the U.S. market with dumped and subsidized biodiesel, and how those imports are injuring American manufacturers and workers. 
 
The investigation covers biodiesel in pure form, mixtures containing at least 99 percent biodiesel by volume, and the biodiesel component of mixtures containing less than 99 percent biodiesel.  ITC will issue its preliminary injury determinations by May 8, 2017.  If ITC determines that imports of biodiesel from Argentina and/or Indonesia materially injure or threaten material injury to the domestic industry, the investigation will continue and DOC will announce its preliminary CVD and AD determinations in the summer of 2017.


 

By Lauren M. Graham, Ph.D.

On April 3, 2017, the European Environment Agency (EEA) announced the publication of the report titled “Renewable Energy in Europe 2017:  Recent Growth and Knock-On Effects,” which demonstrates that renewables have been a major contributor to the energy transition in Europe.  An analysis of the compound annual growth rate demonstrated that the use of biofuels in transport grew fastest between 2005 and 2014 at 18 percent per year.  Renewables provided six percent of the energy used for the European Union’s (EU) transportation sector in 2014, with biofuels accounting for nearly 90 percent of renewable energy.  According to the report, a plateau in first-generation biofuel capacity and delays in overcoming technical and financial obstacles related to second-generation biofuel technologies resulted in fewer investments in biofuels in 2015, compared to 2005.  The report also stated that electricity from solid biomass increased seven percent from 2005 to 2014, but the implementation of sustainability criteria could influence future growth in solid biomass fuel.  The full report is available on the EEA website.


 

By Lauren M. Graham, Ph.D.

On April 4, 2017, Members of the European Parliament (MEP) approved a resolution calling on the European Commission (EC) to phase out the use of palm oil as a component of biofuels and advocating for a single certification scheme for palm oil entering the European Union (EU).  The resolution states that biofuels production accounts for 46 percent of the palm oil imported by the EU and requires about one million hectares of tropical soils.  To limit the deforestation and habitat degradation that comes from unsustainable palm oil production, the EU aims to phase out the use of vegetable oils that drive deforestation as a component of biofuels by 2020.  Additionally, the resolution encourages the use of a single certification scheme with specific sustainability criteria for palm oil to ensure that only sustainably produced palm oil and products enter the EU market.  MEP also called on EC to improve the traceability of imported palm oil. 
 
Following the approval of the resolution, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced an update to the Crude Palm Oil Dashboard on its website.  The dashboard provides information on Neste’s crude palm oil suppliers across the supply chain in an effort to improve supply chain transparency.  Neste states that all of its crude palm oil has been fully traceable to the plantation level since 2007 and has been 100 percent certified since 2013.


 

By Kathleen M. Roberts

On March 29, 2017, the U.S. International Trade Commission (ITC) published a notice in the Federal Register announcing the commencement of the preliminary phase of a biodiesel antidumping and countervailing duty investigation into Argentina and Indonesia.  ITC must make a preliminary determination within 45 days regarding whether there is a reasonable indication that the U.S. biodiesel industry is materially injured or threatened with material injury by imports of biodiesel from Argentina and Indonesia.  ITC has scheduled a conference on the investigation for April 13, 2017.  Stakeholders that wish to appear at the conference must e-mail .(JavaScript must be enabled to view this email address) and .(JavaScript must be enabled to view this email address) on or before April 11, 2017.   Written submissions containing information and arguments regarding the investigation will be accepted on or before April 18, 2017.  The investigation is in response to a petition filed by the National Biodiesel Board (NBB) Fair Trade Coalition on March 23, 2017.  More information on NBB’s petition is available in the BRAG blog post “National Biodiesel Board Fair Trade Coalition Files Antidumping, Countervailing Duty Petition.”


 

On March 19, 2017, the International Organization for Standardization (ISO) published the sixth edition of its specifications for marine fuels (ISO 8217:2017), which includes a redefined “class F” grade for biofuel blends in marine distillates.  Up to seven percent fatty acid methyl ester (FAME), which has similar physical properties to conventional diesel, is permitted in the new “F” grades, specifically DFA, DFZ, and DFB.  Additionally, the DMA specifications have been amended to permit 0.4 higher weight percent biodiesel, compared to the suggested level in the previous iteration of the standard.  Substantial amendments were also made to the scope and other general requirements.  The full specifications are available for purchase on the ISO website.


 

On March 23, 2017, the National Biodiesel Board (NBB) announced that an antidumping and countervailing duty petition had been filed with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) claiming that Argentine and Indonesian companies are violating trade laws by saturating the U.S. market with dumped and subsidized biodiesel.  The petition was filed on behalf of the National Biodiesel Board Fair Trade Coalition, which represents the NBB and U.S. biodiesel producers.  According to NBB, Argentine and Indonesian producers are selling their biodiesel in the U.S. at prices that are substantially lower than their costs of production, and government programs in both countries are providing illegal subsidies to their domestic biodiesel industries.  Between 2014 and 2016, biodiesel imports from Argentina and Indonesia increased by 464 percent, which resulted in an 18 percent loss in market share for U.S. manufacturers.  Both countries have previously been charged with violating international trade laws.  Following NBB’s announcement, Senator Maria Cantwell (D-WA) released a statement urging DOC and ITC to give the suit every appropriate consideration and pledging to continue to work across the aisle to reform the biodiesel tax credit, so that it incentivizes the domestic production of clean, renewable biodiesel.


 

On March 24, 2017, Neste, a member of BRAG®, announced its approval of draft proposals by the Swedish government regarding mandated reductions in traffic fuel emissions and the continued tax exemption for high-blended biofuels.  By 2030, the government aims to reduce carbon emissions from transportation by 70 percent.  In addition to reducing carbon emissions, the ambitious targets and long-term perspective will help support innovation and investments in biofuels.  Neste, which has a strong focus on developing cost-efficient technologies to convert forest residues into biofuels, stated that the substantial amount of forest-based raw materials in the country will likely play a key role in achieving the proposed goals.


 

On March 14, 2017, European Bioplastics (EUBP) welcomed the outcome of the European Parliament’s plenary vote on the waste legislation proposal in which the Members of Parliament recognized the contributions of bioplastics to the European Union’s (EU) circular economy.  EUBP highlighted amendments to the Packaging and Packaging Waste Directive that encourage Member States to support the use of biobased packaging and to improve market conditions for such materials and products, and amendments to the Waste Framework Directive that incorporates organic recycling in the definition of recycling, which will result in a separate collection of bio-waste across Europe.  According to EUBP, the plenary’s vote strengthens the biobased economy and supports the goal of reducing dependence on fossil resources while demonstrating that re-use and recycling remain a priority in the pursuit of an EU circular economy.


 
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