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 Lynn L. Bergeson

On April 3, 2018, the United States International Trade Commission (USITC) announced that companies from Argentina and Indonesia will face new anti-dumping duties after findings by the U.S. Department of Commerce (Commerce) that imports of biodiesel at less than fair value materially injured the U.S. biodiesel industry. Commerce determined that the Argentinian and Indonesian imports were sold in the U.S. at dumping margins of up to 86.41 percent and 276.65 percent, respectively. A full report containing the views of USITC and information developed during the investigations will be available by May 7, 2018, and will be accessible via the USITC website.


 

By Lynn L. Bergeson

According to documents from the European Union (EU), the European Court of Justice (ECJ) ruled that the EU must remove anti-dumping (AD) duties on biodiesel imports from 13 Argentine and Indonesian producers.  Importers will be able to claim back duties that were paid in the past.  While the companies that challenged the measures are no longer subject to AD duties, the duties still apply to companies not covered under the legal challenge.  The EU initially appealed the September 2016 ECJ ruling to annul the duties but later dropped the appeal.  In addition to ECJ, the World Trade Organization has ruled against the EU AD duties, which were established in 2013.  Indonesia intends to challenge the biodiesel duties established in the U.S. and to continue expanding biodiesel subsidies to cover palm oil blended fuels for use by the mining and power sector.


 

By Lauren M. Graham, Ph.D.

On February 20, 2018, the European Commission (EC) issued a notice of initiation of an expiry review of antidumping (AD) measures applicable to imports of U.S. bioethanol.  The AD duty that has been in place since 2013 was set to expire on February 23, 2018.  The European Renewable Ethanol Association (e-PURE) petitioned the EC on behalf of producers representing more than 25 percent of the total European Union (EU) bioethanol production to review the AD measures due to the likely recurrence of injury to the EU industry.  E-Pure alleged that the removal of injury was the result of the existence of the AD measures and that an increase of imports at dumped prices from the U.S. would likely lead to a recurrence of injury to the EU industry should the measures be allowed to lapse.  Following its determination that sufficient evidence exists to justify an expiry review, the EC will investigate whether the removal of the AD measures will likely lead to a continuation or recurrence of dumping of U.S. bioethanol.  The investigation will conclude within 15 months.


 

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 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 Lauren M. Graham, Ph.D.

On August 28, 2017, the U.S. Department of Commerce (DOC) announced in the Federal Register that a preliminary determination had been issued in the antidumping (AD) and countervailing duty (CVD) investigations on biodiesel from Argentina and Indonesia.  DOC preliminarily determined that countervailable subsidies are being provided to producers and exporters of biodiesel from Argentina and Indonesia. The period of investigation for both countries is January 1, 2016, through December 31, 2016. 
 
Pursuant to Section 703(e)(1) of the Tariff Act of 1930, DOC preliminarily determined that critical circumstances exist with respect to imports of biodiesel from Indonesia for Musim Mas and Wilmar Trading.  Similarly, DOC preliminary determined that critical circumstances exist with respect to imports of biodiesel from Argentina for LDC Argentina and Vicentin, but do not exist with respect to all other exporters or producers not individually examined.  DOC will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of biodiesel from Argentina and Indonesia entered, or withdrawn from warehouse, for consumption, and to require a cash deposit equal to the subsidy rates indicated in the respective Federal Register notice.  For Indonesian companies not individually examined, DOC applied an “all-others” subsidy rate, which was calculated by weight averaging the calculated subsidy rates of the two individually examined company respondents. 
 
More information on the methodology and results of DOC’s analysis is available in the Preliminary Decision Memorandum, which is a public document on file in the Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).  DOC invites comments on the preliminary determinations from interested stakeholders.  Following DOC’s final determination, the International Trade Commission (ITC) will make its final determination within 45 days.


 

By Kathleen M. Roberts

On June 5, 2017, the U.S. Department of Commerce’s (DOC) International Trade Administration (ITA) announced in the Federal Register that the preliminary determination in the antidumping (AD) and countervailing duty (CVD) investigations on biodiesel from Argentina and Indonesia will be postponed.  The preliminary determination will be due by August 21, 2017, and the final determination will be due within 75 days of the issuance of the preliminary determination.  Pursuant to Section 703(b)(1) of the Tariff Act of 1930, a preliminary determination is due within 65 days of the initiation of a CVD investigation unless DOC receives a request to postpone the determination from a petitioner, which DOC received on May 22, 2017.  The notice states that the petition was granted since there was no compelling reason to deny the request.


 

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 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 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.”


 
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