Guidance

Biodiesel originating in the USA (Anti-Dumping Duty 2289)

Published 29 August 2018

Adding a new exporter to the list of US exporting producers, from which imports of biodiesel benefit from a lower rate of anti-dumping duty.

The Commission has published Regulation (EU) No 2018/1121 OJ ref. L204 which allows imports of biodiesel produced by new producer Organic Technologies to benefit from a lower rate of anti-dumping duty. The countervailing duty rate for ‘all other companies’ will also apply to this company.

This regulation took effect from 14 August 2018.

Company name City ADD rate Countervailing duty rate Taric additional code
Organic Technologies Coshocton 115.6 euros/tonne 237.00 euros/tonne C482

The lower duty rates are conditional upon presentation to customs of a valid commercial invoice containing a declaration in the following format:

‘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.’

The declaration must be signed by an official of the entity issuing the commercial invoice, showing the name and function of that official.

Without this invoice declaration the full anti-dumping rate of 172.2 Euros per tonne will apply.

The products are classified within the following commodity codes:

  • 1516 2098 21
  • 1516 2098 29
  • 1516 2098 30
  • 1518 0091 21
  • 1518 0091 29
  • 1518 0091 30
  • 1518 0099 21
  • 1518 0099 29
  • 1518 0099 30
  • 2710 1943 21
  • 2710 1943 29
  • 2710 1943 30
  • 2710 1946 21
  • 2710 1946 29
  • 2710 1946 30
  • 2710 1947 21
  • 2710 1947 29
  • 2710 1947 30
  • 2710 2011 21
  • 2710 2011 29
  • 2710 2011 30
  • 2710 2015 21
  • 2710 2015 29
  • 2710 2015 30
  • 2710 2017 21
  • 2710 2017 29
  • 2710 2017 30
  • 3824 9992 10
  • 3824 9992 12
  • 3824 9992 20
  • 3826 0010 20
  • 3826 0010 29
  • 3826 0010 30
  • 3826 0010 39
  • 3826 0010 40
  • 3826 0010 49
  • 3826 0010 89
  • 3826 0010 99
  • 3826 0090 11
  • 3826 0090 19
  • 3826 0090 30

CHIEF was updated on 21 August 2018. Post clearance action may be necessary.

The printed Tariff will be updated in the November amendments.

Read Your Charter to find out what you can expect from HMRC and what we expect from you.