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.

According to Brazil’s Agriculture Minister Blairo Maggi, Brazil is considering lifting the 20 percent tariff on ethanol imports from the U.S..  Demand for ethanol in Brazil has increased due to record-high gasoline prices.  As indicated in the BRAG blog post Grain, Ethanol Industry Send Letter To U.S. Trade Representative On Brazil Ethanol Tariff, U.S. ethanol producers would welcome the removal of the tariff and renewed access to Brazil, which is the largest destination for U.S. biofuel exports.  Minister Maggi indicated that the decision to remove the tariff would depend on the U.S. lifting the ban on fresh beef exports from Brazil.  In 2017, the U.S. banned fresh beef from Brazil following a food safety scandal and Brazil imposed a tax on ethanol from the U.S. following an increase in imports.  While speaking to reporters on January 16, 2018, Minister Maggi stated that “[t]here is, on the part of the United States, a big demand to withdraw [the ethanol tariff] and we also have this problem with beef. . . . Obviously one thing influences and contaminates the other.”  According to Minister Maggi, Brazil has addressed all U.S. requirements regarding the safety of its fresh beef and is awaiting the U.S.’s decision.


 

By Kathleen M. Roberts

On January 2, 2018, the USDA Foreign Agricultural Service (FAS) issued a Global Agriculture Information Network (GAIN) report on Japan’s fuel ethanol policy.  According to the report, Japan’s Ministry of Economy, Trade, and Industry (METI) is seeking public comments on changes to its fuel ethanol policy.  The changes would establish a U.S. corn-based ethanol greenhouse gas (GHG) emissions value of 43.15; allow U.S. corn-based ethanol to be imported for the production of bio-ethyl tert-butyl ether (ETBE); increase the GHG emission values for Brazilian sugarcane ethanol and gasoline; and increase the GHG reduction target from 50 to 55 percent.  Comments on the proposed changes are due by January 18, 2018.  GAIN reports are prepared by U.S. Foreign Service officers working at posts overseas who collect and submit to FAS information on the agricultural situation.

Tags: Japan, Biofuel

 

By Lauren M. Graham, Ph.D.

On January 4, 2018, the International Trade Administration (ITA) issued in the Federal Register a notice of the countervailing duty (CVD) orders on biodiesel from Argentina and Indonesia based on the affirmative final determinations by the Department of Commerce (DOC) and the International Trade Commission (ITC).  As reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post ITC Issues Final Determinations On Biodiesel From Argentina And Indonesia, after DOC issued its final affirmative determination on November 16, 2017, ITC filed its final determination on December 21, 2017, stating that an industry in the United States is materially injured by subsidized imports of biodiesel from Argentina and Indonesia.  According to the notice, unliquidated entries of biodiesel from Argentina and Indonesia, entered or withdrawn from a warehouse for consumption on or after August 28, 2017, are subject to the assessment of CVD.  DOC will direct U.S. Customs and Border Protection (CBP) to assess the CVD for the subject merchandise equal to the net countervailable subsidy rates established in the notice.


 

By Kathleen M. Roberts

On December 28, 2017, the U.S. International Trade Commission (ITC) issued in the Federal Register a notice regarding its final determination on the antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  Pursuant to the Tariff Act of 1930, ITC determined that an industry in the United States is materially injured by reason of imports of biodiesel from Argentina and Indonesia, which have been found by the Department of Commerce (DOC) to be subsidized by the governments of Argentina and Indonesia.  ITC completed and filed its determinations on December 21, 2017, after holding a hearing on November 9, 2017, in which all interested parties were permitted to appear.  The views of ITC will be published in USITC Publication 4748 (December 2017), entitled Biodiesel from Argentina and Indonesia: Investigation Nos. 701-TA-571-572, which will be available on the ITC website shortly.

Tags: ITC

 

By Lauren M. Graham, Ph.D.

On December 8, 2017, the U.S. Department of Commerce (DOC) issued in the Federal Register a notice on the postponement of final determinations of sales in less than fair value (LTFV) investigations into biodiesel from Argentina and Indonesia and the extension of provisional measures.  As reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post “DOC Initiates Biodiesel Antidumping, Countervailing Investigation,” DOC initiated LTFV investigations of imports of biodiesel from Argentina and Indonesia on April 12, 2017.  DOC is postponing the deadline for issuing the final determinations until February 15, 2018, and extending the provisional measures from a four-month period to a period of no more than six months.  According to the notice, a postponement is permitted given that each preliminary determination was affirmative; the requests in each investigation were made by the exporters and producers who account for a significant proportion of exports of the subject merchandise from the country at issue; and no compelling reasons for denials exist.


 

By Lauren M. Graham, Ph.D.

On November 29, 2017, the Ontario Ministry of the Environment and Climate Change (Ministry) issued proposed amendments to the Ethanol in Gasoline regulation (O. Reg. 535/05) and the Greener Diesel -- Renewable Fuel Content Requirements for Petroleum Diesel Fuel (O. Reg. 97/14) under the Environmental Protection Act, R.S.O. 1990, c.E.19.  Among the proposed changes is an increase from a 5 percent ethanol blending mandate to 10 percent starting in 2020; a requirement that ethanol sold for compliance to be 35 percent lower in greenhouse gases (GHG) than gasoline; and the application of existing incentives to a wider range of advanced biofuels.  According to the Ministry, the proposed amendments are intended to work with the expected federal Clean Fuels Standard (CFS), ensuring GHG reductions take place in Ontario and Ontario’s Climate Change Action Plan goals are supported.  The Ministry stated that it is exploring options to support biofuel production and innovation through a Blenders Support Program (BSP) as well.


 

By Lauren M. Graham, Ph.D.

On December 1, 2017, Neste, a member of BRAG, announced that its Ham Trick (Kinkkutemppu in Finnish) campaign was awarded two prestigious marketing and communications competitions.  The Ham Trick, which is a campaign in which Neste collects and recycles ham waste fat from 100,000 households throughout Finland for manufacturing renewable diesel, won gold at the 2017 European Excellence Awards (EEA) and bronze in the PR category at the Eurobest awards. According to Kaisa Lipponen, Director of Corporate Communications at Neste, ”[t]he prizes are an excellent form of recognition and proof that the campaigns really interest people.”  All proceeds from the campaign are donated to charity.


 

By Lauren M. Graham, Ph.D.

On November 9, 2017, the U.S. Department of Commerce (DOC) issued affirmative final determinations in the countervailing duty (CVD) investigations of imports of biodiesel from Argentina and Indonesia.  Following a nine month investigation, DOC determined that Argentina and Indonesia are providing unfair subsidies to its producers of biodiesel at rates from 71.45 to 72.28 percent and 34.45 to 64.73 percent, respectively.  As a result, U.S. Customs and Border Protection (CBP) will collect cash deposits from importers of biodiesel from Argentina and Indonesia based on the final rates.
 
Following DOC’s final determination, the International Trade Commission (ITC) will make its final determination within 45 days.  According to Argentine President Mauricio Macri, the Argentine government would appeal to the World Trade Organization (WTO) if the DOC follows through on the duties on Argentine biodiesel.


 

By Kathleen M. Roberts

On September 20, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register a notice of the scheduling of the final phase of antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  ITC will hold a hearing in connection with the final phase of the investigations at 9:30 a.m. (EST) on November 9, 2017, in Washington, D.C.  Requests to appear at the hearing are due by November 2, 2017.  Stakeholders interested in participating as parties in the final phase of the investigations must file an entry of appearance with the Secretary to the Commission no later than 21 days prior to the hearing date.  The pre-hearing staff report will be filed in the nonpublic record on October 27, 2017, and a public record will be issued thereafter.


 

By Kathleen M. Roberts

On August 29, 2017, the government of the province of Ontario, Canada announced $25.8 million has been allocated to the Low Carbon Innovation Fund (LCIF) as a part of the province’s Climate Change Action Plan.  The funding will be used to support emerging, innovative technologies in areas such as alternative energy generation and conservation, new biofuels or bioproducts, next-generation transportation or novel carbon capture and usage technologies. 
 
Funding is available either from:

  • The Technology Demonstration stream, which aims to support the development and commercialization of innovative low carbon technologies through testing in real-world settings; or
  • The Technology Validation stream, which aims to fund proof-of-concept or prototype projects from eligible Ontario companies or academic organizations to help them get to market faster.
To be eligible for LCIF, projects must be conducted in Ontario and must show significant potential to reduce greenhouse gas emissions in Ontario.  Ontario’s Climate Change Action Plan is key to its achievement of its goal of cutting greenhouse gas pollution to 15 percent below 1990 levels by 2020, 37 percent below by 2030, and 80 percent below by 2050.

 
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