Bergeson & Campbell, P.C. (B&C®) is a Washington, D.C., law firm providing biobased and renewable chemical product stakeholders unparalleled experience, judgment, and excellence in bringing innovative products to market.

By Lynn L. Bergeson and Carla N. Hutton
 
According to a January 24, 2023, item published by the U.S. International Trade Administration (ITA), the demand for new bioplastic materials and innovative processing technologies is high, contributing to the European and Italian plastics circular economy policy. According to ITA, European demand for bioplastics (compostable, bio-attributed, and bio-based) grew more than 23 percent annually from 2019 to 2021, increasing from 210,000 to 320,000 tons. ITA states that significant investments for biorefineries and to achieve stakeholders’ other development objectives should lead to production of another 100 kilotons of totally and/or partially renewable polymers by 2030 in Europe. In Italy, in 2021, the biodegradable and compostable plastics industry was made up of 275 companies (five chemical producers, 20 granule producers and distributors, and 250 processors) with 2,895 employees and €1 billion in revenue. ITA states that the volume of bioplastics produced in 2020 increased 13.2 percent, compared to the previous year.
 
According to ITA, large investments and U.S. export opportunities for companies are expected in Europe, “as the trend in consumption indicates a demand that is far greater than the production capacity installed in Europe.” The demand for new materials and innovative processing technologies is high, contributing to the European and Italian plastics circular economy policy. ITA states that U.S. companies interested in connecting with Italian distributors, seeking representation and information on how the U.S. Commercial Service can assist U.S. companies, should reach out to Commercial Specialist .(JavaScript must be enabled to view this email address).


 

By Kathleen M. Roberts

On January 26, 2018, the International Trade Administration (ITA) published in the Federal Register a notice of an open meeting of the Renewable Energy and Energy Efficiency Advisory Committee (REEEAC).  The meeting will take place from 8:30 a.m. to 5:00 p.m. on May 10, 2018, in Washington, D.C and will be the seventh and final in-person meeting of the current charter.  The meeting will include REEEAC subcommittee working sessions, a discussion on next steps for each subcommittee, consideration of recommendations for approval, and an update from the Department of Commerce (DOC) and other agencies on major issues affecting the competitiveness of the U.S. renewable energy and energy efficiency industries.  An agenda will be available upon request by May 4, 2018.  Stakeholders interested in participating in the meeting must register with Victoria Gunderson (.(JavaScript must be enabled to view this email address)by 5:00 p.m. (EST) on May 4, 2018.

Tags: ITA, REEEAC

 

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 Lauren M. Graham, Ph.D.

On August 15, 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.  A request to postpone the determinations was submitted by a petitioner on July 6, 2017, and, pursuant to Section 733(c)(1)(A) of the Tariff Act of 1930, ITA determined that there was no compelling reason to deny the request.  The preliminary determination will now be due by October 19, 2017, and the final determination will be due within 75 days of the issuance of the preliminary determination. 
 
ITCA previously postponed the determinations following a May 22, 2017, request from a petitioner, as reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post DOC Postpones Preliminary Determinations for Biodiesel AD/CVD Investigation.


 

By Lauren M. Graham, Ph.D.

On July 26, 2017, AkzoNobel, a member of BRAG, announced that its Specialty Chemicals business issued in final the first in a series of application agreements for biobased polymers from its collaboration with Itaconix, a specialty chemicals company and U.S. subsidiary of Revolymer.  AkzoNobel develops Itaconix’s proprietary polymers from itaconic acid for commercial use in the coatings and construction industries.  Peter Nieuwenhuizen, Research, Development and Innovation Director for AkzoNobel’s Specialty Chemicals business, stated that the collaboration fits closely with AkzoNobel’s Planet Possible sustainability agenda of doing more with less and its approach to embracing open innovation for more sustainable solutions.
 
AkzoNobel signed a framework joint development agreement with Itaconix to explore opportunities for biobased polymer production on January 27, 2017, as previously reported in the BRAG blog post AkzoNobel to Produce Biobased Polymers with Itaconix.


 

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.


 

On January 27, 2017, AkzoNobel, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), signed a framework joint development agreement with Itaconix, a specialty chemicals company and U.S. subsidiary of Revolymer, to explore opportunities for biobased polymer production.  According to the agreement, Itaconix will provide proprietary polymerization technology to turn itaconic acid from fermented sugars into polymers and AkzoNobel will carry out the development and commercialization of the biobased polymers.  The deal aligns closely with AkzoNobel’s sustainability agenda and will generate biobased polymers with unique properties for use in everyday applications while furthering the development of biobased chemistry on a large scale.


 

On May 25, 2016, DOE published a Notice For Solicitation of Nominations in the Federal Register to fill vacancies on the Biomass Research and Development Technical Advisory Committee (Committee). The Committee advises DOE and the U.S. Department of Agriculture (USDA) on technical and direction issues related to the Biomass Research and Development Initiative. The Committee meets quarterly, typically for two days at a time, in Washington, D.C. and other locations. This round of applications is focused on individuals with a commodity trade association affiliation, an expertise in agricultural economics, or expertise in process engineering related to biorefineries or biobased coproducts that enable fuel production. Nominations are due June 30, 2016, via e-mail to Elliott Levine at .(JavaScript must be enabled to view this email address), or overnight delivery service to:

Elliott Levine
Designated Federal Officer for the Committee
U.S. Department of Energy
Office of Energy Efficiency and Renewable Energy
Mail Stop EE-3B
1000 Independence Avenue. S.W.
Washington, D.C. 20585

 

On December 12, 2014, the Senate passed a House amendment to the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (NDAA FY15). The final version of the NDAA FY15 places restrictions on how the military is able to acquire biofuels by prohibiting funding from being used for bulk purchase of drop-in biofuels where the fully burdened cost of the biofuels is not cost competitive with the fully burdened cost of available traditional fuels. The bill defines a fully burdened cost as "the commodity price of the fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use."

In addition, the NDAA FY15 requires the Secretary of Defense, or the Secretary of the relevant military department, to submit a business case analysis to the Congressional defense committees at least 30 days before entering contracts for the "planning, design, refurbishment, or construction of a biofuels refinery, or of any other facility or infrastructure used to refine biofuels." The Congressional Budget Office has completed a review of the effect that the bill would have on direct spending and revenue and has determined that NDAA FY15 would result in a decrease in direct spending by $1.9 billion from 2015 to 2024.

 

 

Beta Renewables, a joint venture between chemical company Gruppo Mossi & Ghisolfi and investment company TPG, announced that it had begun commercial production at its cellulosic ethanol plant in Crescentino, Italy, at a price competitive with corn ethanol and gasoline. Novozymes, the leading producer of enzymes used for biofuels production, has invested in Beta Renewables. Beta Renewables expects to export the technology to develop about 20 new plants by 2017.