Commission Implementing Regulation (EU) 2021/1266 of 29 July 2021 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2021/1266 of 29 July 2021 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
Data as of 2026-11-02 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
1.
A definitive anti-dumping duty is 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, originating in the United States of America currently falling under CN codes ex 1516 20 98 (TARIC codes 1516 20 98 21 and 1516 20 98 29 ), ex 1518 00 91 (TARIC codes 1518 00 91 21 and 1518 00 91 29 ), ex 1518 00 95 (TARIC code 1518 00 95 21 ), ex 1518 00 99 (TARIC codes 1518 00 99 21 and 1518 00 99 29 ), ex 2710 19 11 (TARIC code 2710 19 11 10 ), ex 2710 19 15 (TARIC code 2710 19 15 10 ), ex 2710 19 21 (TARIC code 2710 19 21 10 ), ex 2710 19 25 (TARIC code 2710 19 25 10 ), ex 2710 19 29 (TARIC code 2710 19 29 10 ), ex 2710 19 42 (TARIC codes 2710 19 42 21 and 2710 19 42 29 ), ex 2710 19 44 (TARIC codes 2710 19 44 21 and 2710 19 44 29 ), ex 2710 19 46 (TARIC codes 2710 19 46 21 and 2710 19 46 29 ), ex 2710 19 47 (TARIC codes 2710 19 47 21 and 2710 19 47 29 ), 2710 20 11 , 2710 20 16 , ex 3824 99 92 (TARIC codes 3824 99 92 10 , 3824 99 92 14 and 3824 99 92 17 ), 3826 00 10 and ex 3826 00 90 (TARIC codes 3826 00 90 11 and 3826 00 90 19 ).
2.
The rates of the definitive anti-dumping duty applicable to the net free-at Union frontier price, before duty, of the product described in paragraph 1, and manufactured by the companies listed below, shall be a fixed amount as follows:
Company
AD duty rate EUR per tonne net
TARIC additional code
Archer Daniels Midland Company, Decatur
68,6
A933
Cargill Inc., Wayzata
0
A934
Green Earth Fuels of Houston LLC, Houston
70,6
A935
Imperium Renewables Inc., Seattle
76,5
A936
Peter Cremer North America LP, Cincinnati
198,0
A937
World Energy Alternatives LLC, Boston
82,7
A939
Companies listed in Annex I
115,6
See Annex I
All other companies
172,2
A999
The anti-dumping 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.
The application of the individual duty rate specified for the companies referred to in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
4.
Where any party from the United States of America provides sufficient evidence to the Commission that:
(a)
it did not export the goods described in Article 1(1) originating in the United States of America during the period of investigation (1 April 2007-31 March 2008);
(b)
it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
(c)
it has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation;
the Commission may amend Annex I in order to attribute to that party the duty applicable to cooperating producers not included in the sample, i.e. EUR 115,6 per tonne.
1.
The definitive anti-dumping duty applicable to ‘all other companies’ as set out in Article 1(2), is extended to 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, consigned from Canada, whether declared as originating in Canada or not, currently falling under CN codes ex 1516 20 98 (TARIC code 1516 20 98 21 ), ex 1518 00 91 (TARIC code 1518 00 91 21 ), ex 1518 00 99 (TARIC code 1518 00 99 21 ), ex 2710 19 42 (TARIC code 2710 19 42 21 ), ex 2710 19 44 (TARIC code 2710 19 44 21 ), ex 2710 19 46 (TARIC code 2710 19 46 21 ), ex 2710 19 47 (TARIC code 2710 19 47 21 ), ex 2710 20 11 (TARIC code 2710 20 11 21 ), ex 2710 20 16 (TARIC code 2710 20 16 21 ), ex 3824 99 92 (TARIC code 3824 99 92 10 ), ex 3826 00 10 (TARIC codes 3826 00 10 20 , 3826 00 10 50 , 3826 00 10 89 ) and ex 3826 00 90 (TARIC code 3826 00 90 11 ), with the exception of those produced by the companies listed below:
Country
Company
TARIC additional code
Canada
BIOX Corporation, Oakville, Ontario, Canada
B107
Canada
—
—
Canada
Rothsay Biodiesel, Guelph, Ontario, Canada
B108
Canada
Verbio Diesel Canada Corporation, Welland, Ontario, Canada
C600
The duty to be extended shall be the one established for ‘all other companies’ in Article 1(2), which is a definitive anti-dumping duty of EUR 172,2 per tonne net.
The anti-dumping 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).
2.
The application of the exemptions granted to companies referred to in paragraph 1 or authorised by the Commission in accordance with Article 4(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate as imposed by paragraph 1 shall apply.
1.
The definitive anti-dumping duty as set out in Article 1(2), is hereby extended to 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 a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America, and currently falling under CN codes ex 1516 20 98 (TARIC code 1516 20 98 33 ), ex 1518 00 91 (TARIC code 1518 00 91 33 ), ex 1518 00 99 (TARIC code 1518 00 99 33 ), ex 2710 19 44 (TARIC code 2710 19 44 33 ), ex 2710 19 46 (TARIC code 2710 19 46 33 ), ex 2710 19 47 (TARIC code 2710 19 47 33 ), ex 2710 20 11 (TARIC code 2710 20 11 33 ), ex 2710 20 16 (TARIC code 2710 20 16 33 ), ex 3824 99 92 (TARIC code 3824 99 92 17 ) and ex 3826 00 90 (TARIC code 3826 00 90 33 ).
The anti-dumping 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).
2.
The application of the individual duty rate specified for the companies referred to in Article 1, paragraph 2, shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex III. If no such invoice is presented, the duty rate applicable under Article 1(2) to ‘all other companies’ shall apply.
1.
Requests for exemption from the duty extended by Article 2(1) and Article 3(1) shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:
European Commission
Directorate-General for Trade
Directorate G
Rue de la Loi 170, CHAR 04/034
1049 Brussels
BELGIUM
Email: TRADE-TDI-INFORMATION@ec.europa.eu
2.
In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Article 1, from the duty extended by Article 2(1) and Article 3(1).
In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Commission Implementing Regulation (EU) 2015/2447 (
1
), the amount of anti-dumping duty laid down in Articles 1, 2 and 3 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
ANNEX I
Company Name
City
TARIC additional code
AG Processing Inc.
Omaha
A942
Alabama Clean Fuels Coalition Inc.
Birmingham
A940
American Made Fuels, Inc.
Canton
A940
Arkansas SoyEnergy Group
DeWitt
A940
Arlington Energy, LLC
Mansfield
A940
Athens Biodiesel, LLC
Athens
A940
Beacon Energy
Cleburne
A940
Biodiesel of Texas, Inc.
Denton
A940
BioDiesel One Ltd
Southington
A940
Buffalo Biodiesel, Inc
Tonawanda
A940
BullDog BioDiesel
Ellenwood
A940
Carbon Neutral Solutions, LLC
Mauldin
A940
Central Iowa Energy LLC
Newton
A940
Chesapeake Custom Chemical Corp.
Ridgeway
A940
Community Fuels
Stockton
A940
Delta BioFuels Inc.
Natchez
A940
Diamond Biofuels
Mazon
A940
Direct Fuels
Euless
A940
Eagle Creek Fuel Services, LLC
Baltimore
A940
Earl Fisher Bio Fuels
Chester
A940
East Fork Biodiesel LLC
Algona
A940
ECO Solutions, LLC
Chatsworth
A940
Ecogy Biofuels LLC
Tulsa
A940
ED&F Man Biofuels Inc.
New Orleans
A940
Freedom Biofuels Inc.
Madison
A940
Fuel & Lube, LLC
Richmond
A940
Fuel Bio
Elizabeth
A940
FUMPA Bio Fuels
Redwood Falls
A940
Galveston Bay Biodiesel LP (BioSelect Fuels)
Houston
A940
Geo Green Fuels LLC
Houston
A940
Georgia Biofuels Corp.
Loganville
A940
Green River Biodiesel, Inc.
Moundville
A940
Griffin Industries Inc.
Cold Spring
A940
High Plains Bioenergy
Guymon
A940
Huish Detergents Inc.
Salt Lake City
A940
Incobrasa Industries Ltd.
Gilman
A940
Independence Renewable Energy Corp.
Perdue Hill
A940
Indiana Flex Fuels
LaPorte
A940
Innovation Fuels Inc.
Newark
A940
Iowa Renewable Energy LLC
Washington
A940
Johann Haltermann Ltd.
Houston
A940
Lake Erie Biofuels LLC
Erie
A940
Leland Organic Corporation
Leland
A940
Louis Dreyfus Agricultural Industries LLC
Claypool
A940
Louis Dreyfus Claypool Holdings LLC
Claypool
A940
Memphis Biofuels, LLC
Memphis
A942
Middle Georgia Biofuels
East Dublin
A940
Middletown Biofuels LLC
Blairsville
A940
Musket Corporation
Oklahoma City
A940
New Fuel Company
Dallas
A940
North Mississippi Biodiesel
New Albany
A940
Northern Biodiesel, Inc.
Ontario
A940
Northwest Missouri Biofuels, LLC
St. Joseph
A940
Nova Biofuels Clinton County LLC
Clinton
A940
Nova Biosource
Senaca
A940
Organic Fuels Ltd.
Houston
A940
Organic Technologies
Coshocton
C482
Owensboro Grain Company LLC
Owensboro
A940
Paseo Cargill Energy, LLC
Kansas City
A940
Peach State Labs Inc.
Rome
A940
Perihelion Global, Inc.
Opp
A940
Philadelphia Fry-O-Diesel Inc.
Philadelphia
A940
Pinnacle Biofuels, Inc.
Crossett
A940
PK Biodiesel
Woodstock
A940
Pleasant Valley Biofuels, LLC
American Falls
A940
RBF Port Neches LLC
Houston
A940
Red Birch Energy, Inc.
Bassett
A940
Red River Biodiesel Ltd.
New Boston
A940
REG Ralston LLC
Ralston
A940
Renewable Energy Products, LLC
Santa Fe Springs
A940
Riksch BioFuels LLC
Crawfordsville
A940
Safe Renewable Corp.
Conroe
A940
Sanimax Energy Inc.
DeForest
A940
Scott Petroleum
Itta Bena
A942
Seminole Biodiesel
Bainbridge
A940
Soy Solutions
Milford
A940
SoyMor Biodiesel LLC
Albert Lea
A940
Sunshine BioFuels, LLC
Camilla
A940
TPA Inc.
Warren
A940
Trafigura AG
Stamford
A940
U.S. Biofuels Inc.
Rome
A940
United Oil Company
Pittsburgh
A940
Valco Bioenergy
Harlingen
A940
Vanguard Synfuels, LLC
Pollock
A940
Vinmar Overseas, Ltd
Houston
A938
Vitol Inc.
Houston
A940
Walsh Bio Diesel, LLC
Mauston
A940
Western Dubque Biodiesel LLC
Farley
A940
Western Iowa Energy LLC
Wall Lake
A940
Western Petroleum Company
Eden Prairie
A940
ANNEX II
A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3) and Article 2(2):
—
the name and function of the official of the entity issuing the commercial invoice,
—
the following declaration:
‘I, the undersigned, certify that the (volume) 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 sold for export to the European Union covered by this invoice was manufactured by [company name and address] [TARIC additional code] in [countr[y]ies concerned]. I declare that the information provided in this invoice is complete and correct.’
ANNEX III
A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 3(2):
—
the name and function of the official of the entity issuing the commercial invoice,
—
the following declaration:
‘I, the undersigned, certify that the (volume) 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 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin sold for export to the European Union covered by this invoice was manufactured by [company name and address] [TARIC additional code] in the United States of America. I declare that the information provided in this invoice is complete and correct.’
