Notice

Trade remedies notice 2022/08: anti-dumping duty on biodiesel products originating in the United States of America (including biodiesel consigned from Canada)

Updated 10 November 2022

This public notice was published on 10 November 2022 takes effect from the day after the date of publication.

This public notice is published by the Secretary of State under regulation 101C(2)(a) of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (the “Regulations”).

The public notice:

• relates to biodiesel products originating in the United States of America (including biodiesel consigned from Canada, whether declared as originating in Canada or not) (the “goods” it relates to, are described under the heading “Goods description” below”)
• gives effect to the Trade Remedies Authority (“TRA”) recommendation to:
  • vary the anti-dumping duty on fatty-acid mono-alkyl esters (“FAME”) originating in the United States of America (including FAME consigned from Canada, whether declared as originating in Canada or not) so that it applies for 5 years from 30 January 2021 and maintains the duty rates as set out in taxation notice 2020/04: antidumping on biodiesel originating in the USA (including biodiesel consigned from Canada) (“Taxation Notice 2020/04”)
  • revoke the anti-dumping duty on hydrogenated vegetable oil (“HVO”) originating in the United States of America (including HVO consigned from Canada, whether declared as originating in Canada or not), from 30 January 2021
• supersedes taxation notice 2020/04

Variation of anti-dumping duty on FAME

The import duty (the anti-dumping duty) on FAME given effect to by taxation notice 2020/04 is varied in accordance with this public notice from 30 January 2021.

Amount of anti-dumping duty

The anti-dumping duty applicable to the net, free-at-the-frontier price, before other amounts of import duty, of FAME imported into the UK from the United States of America (including FAME consigned from Canada, whether declared as originating in Canada or not) is maintained at 144.109 GBP per tonne net, with the following rates and additional codes for category 1 and category 2 goods listed in tables 1, 2 and 3.

Table 1: duty amount and additional codes for category 1 goods

Foreign Country	Overseas exporter	Duty amount GBP (£) per tonne net	Additional codes
Canada	All overseas exporters (except those specified in table 3)	144.109	B999
United States	Archer Daniels Midland Company, Decatur Cargill Inc., Wayzata Green Earth Fuels of Houston LLC, Houston Imperium Renewables Inc., Seattle Peter Cremer North America LP, Cincinnati World Energy Alternatives LLC., Boston Overseas exporters specified in Annex 1 Overseas exporters specified in Annex 2 All other overseas exporters (residual amount)	57.409 Nil 59.083 64.021 165.700 69.209 96.742 144.109 144.109	A933 A934 A935 A936 A937 A939 As per Annex 1 As per Annex 2 A999

Table 2: duty amount and additional codes for category 2 goods

Foreign Country	Overseas exporter	Duty amount GBP (£) per tonne net	Additional codes
United States	Archer Daniels Midland Company, Decatur Cargill In., Wayzata Green Earth Fuels of Houston LLC, Houston Imperium Renewables Inc., Seattle Peter Cremer North America LP, Cincinnati World Energy Alternatives LLC., Boston Overseas exporters specified in Annex 1 Overseas exporters specified in Annex 2 All other overseas exporters (residual amounts)	57.409 Nil 59.083 64.021 165.700 69.209 96.742 144.109 144.109	A933 A934 A935 A936 A937 A939 As per Annex 1 As per Annex 2 A999

Exception to duty on category 1 goods

The duty specified in Table 1 does not apply to goods produced by an overseas exporter specified in Table 3.

Table 3: Exception to duty on category 1 goods for specified overseas exporters

Foreign Country	Overseas exporter	Duty amount GBP (£) per tonne net	Additional codes
Canada	BIOX Corporation, Oakville, Ontario	Nil	B107
Canada	Rothsay Biodiesel, Guelph, Ontario	Nil	B108
Canada	DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia	Nil	C114

Declaration required to qualify for duty amount

In order to qualify for the duty amount applicable to goods produced by an overseas exporter, a valid commercial invoice with an accompanying declaration must be presented to HMRC on importation of the goods using document code D008.

The following declaration must be completed, dated and signed by an official of the entity issuing the valid commercial invoice who is identifiable by name and function:

“I, the undersigned, certify that the [volume] of [goods] sold for export to the United Kingdom included in this invoice was produced by [company name and address] ([additional code]) in [country]. I declare that the information provided in this invoice is complete and correct.

Date:

Signature:

Name (printed):”

If an invoice is not presented, or the declaration is not made, the residual amount is the duty amount applicable to the goods.

Goods description

Goods subject to anti-dumping duty

The duty specified in Tables 1 to 3 applies to goods described, or imported under a commodity code specified, below.

Category 1 Goods (biodiesel, pure or blend, greater than 20% biodiesel content)

FAME and/or paraffinic gasoil obtained from synthesis of non-fossil origin, commonly known as ‘biodiesel’. In a pure form or in a blend containing by weight more than 20%, fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis of non-fossil origin, originating in the United States of America (including FAME biodiesel consigned from Canada).

AND

Category 2 Goods (biodiesel, blend, less than 20% biodiesel content)

FAME and/or paraffinic gasoil obtained from synthesis 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 of non-fossil origin, originating in the United States of America.”

The FAME products subject to anti-dumping duty are imported into the UK under the following UK Global Tariff (UKGT) commodity codes:

• 38 26 00 10 20
• 38 26 00 10 29
• 38 26 00 10 50
• 38 26 00 10 59
• 38 26 00 10 89
• 38 26 00 10 99

FAME products subject to anti-dumping duty are also imported into the UK under the following UK Global Tariff (UKGT) commodity codes, but will be separated from HVO products also imported under these codes by use of additional codes.

Codes beginning with 15:

• 15 16 20 98 21
• 15 16 20 98 29
• 15 16 20 98 30
• 15 18 00 91 21
• 15 18 00 91 29
• 15 18 00 91 30
• 15 18 00 99 21
• 15 18 00 99 29
• 15 18 00 99 30

Codes beginning with 27:

• 27 10 20 11 21
• 27 10 20 11 29
• 27 10 20 11 30
• 27 10 20 16 21
• 27 10 20 16 29
• 27 10 20 16 30

Codes beginning with 38:

• 38 24 99 92 10
• 38 24 99 92 12
• 38 24 99 92 20
• 38 26 00 90 11
• 38 26 00 90 19
• 38 26 00 90 30

In order to separate HVO products from FAME products, you will need to add the following code to your declaration form when importing HVO products under the above commodity codes:

Additional Code	Name	Country
8C00	AD CVD HVO	USA and Canada

This code must be added in addition to any other additional codes used in the declaration.

Expiry of anti-dumping duty

The anti-dumping duty on FAME biodiesel, given effect by this public notice ceases to apply on 30 January 2026.

The TRA will notify interested parties of the expiry of the anti-dumping duty in sufficient time to allow an interested party to make an application for an expiry review.

Revocation of anti-dumping duty on HVO

The anti-dumping duty on HVO is revoked from 30 January 2021.

The description of the goods to which revocation of the measure applies is “paraffinic gasoil obtained from hydro-treatment, of non-fossil origin”. This product is classified under the following UK general tariff commodity codes:

• 27 10 19 43 21
• 27 10 19 43 29
• 27 10 19 43 30
• 27 10 19 46 21
• 27 10 19 46 29
• 27 10 19 46 30
• 27 10 19 47 21
• 27 10 19 47 29
• 27 10 19 47 30

Transition review TD0004: Biodiesel from United States and Canada

On 11 August 2020, the Secretary of State for International Trade initiated a transition review of the anti-dumping duty on biodiesel from the United States of America (including biodiesel consigned from Canada) (notice of initiation TD0004).

Summary of the transition review

The TRA conducted the transition review in accordance regulation 100 of the Regulations.

In accordance with regulation 99A(1) of the Regulations, the TRA considered whether the application of the anti-dumping duty was necessary or sufficient to offset the importation of dumped and subsidised goods, and whether dumping would be likely to continue or recur if the measure were no longer applied (the “likelihood of dumping assessment”). The TRA also considered whether injury to UK producers of biodiesel was likely to occur if the anti-dumping duty was no longer applied (the “likelihood of injury assessment”).

Two domestic producers of biodiesel, one domestic trade body, one trade union, one overseas exporter, and 2 domestic importers registered an interest in the transition review.

The TRA based its consideration of whether the anti-dumping duty was necessary or sufficient on a range of data provided by the domestic producers and exporters. The TRA also considered information from other interested parties.

The TRA assessed the scope of the transition review under regulations 99A(2)(a)(iii) and 74 of the Regulations. This assessment included a comparison of FAME and HVO across a range of factors as part of an assessment of how alike these goods are. They concluded that FAME and HVO were sufficiently similar to remain in scope for the purposes of the transition review. On this basis, the scope of the transition review was not amended.

Following the likelihood of injury assessments, the TRA concluded that the anti-dumping duty on the goods should be narrowed.

Further information on the investigation can be found on the TRA’s public file: TD0004.

Recommendation of the TRA

The TRA recommended that, from 30 January 2021, the anti-dumping duty on the goods given effect to by taxation notice 2020/04 should be maintained in part and revoked in part.

The TRA recommended that the anti-dumping duty:

• be maintained on FAME originating in the United States of America including FAME biodiesel consigned through Canada (whether declared as originating in Canada or not)
• be revoked on HVO originating in the United States of America, including HVO biodiesel consigned from Canada (whether declared as originating in Canada or not)

The TRA made the recommendation in accordance with regulations 100, 100A and 100B of the Regulations.

Annex 1: overseas exporters subject to £96.742 per tonne duty amount

Overseas exporter	Location	Additional codes
AC&S Inc.	Nitro	A941
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
BioPur Inc.	Bethlehem	A941
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
Freedom Fuels LLC	Mason City	A941
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
Integrity Biofuels	Morristown	A941
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	Wilton	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
Natural Biodiesel Plant LLC	Hayti	A941
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 Technologies	Coshocton	C482
Organic Fuels, Ltd	Houston	A940
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
Piedmont Biofuels Industrial LLC	Pittsboro	A941
Pinnacle Biofuels, Inc.	Crossett	A940
PK Biodiesel	Woodstock	A940
Pleasant Valley Biofuels, LLC	American Falls	A940
Prairie Pride	Deerfield	A941
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
Southeast BioDiesel LLC	Charlotte	A941
Soy Solutions	Milford	A940
SoyMor Biodiesel, LLC	Albert Lea	A940
Stepan Company	Northfield	A941
Sunshine BioFuels, LLC	Camilla	A940
TPA Inc.	Warren	A940
Trafigura AG	Stamford	A940
U.S. Biofuels, Inc.	Rome	A940
United Oil Company	Pittsbourgh	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
Yokaya Biofuels Inc.	Ukiah	A941

Annex 2: Overseas exporters subject to £144.109 per tonne duty amount

Overseas exporter	Location	Additional codes
AC & S Inc.	Nitro	A941
BioPur Inc.	Bethlehem	A941
Freedom Fuels LLC	Mason City	A941
Integrity Biofuels	Morristown	A941
Natural Biodiesel Plant LLC	Hayti	A941
Piedmont Biofuels Industrial LLC	Pittsboro	A941
Prairie Pride	Deerfield	A941
Southeast BioDiesel LLC	Charlotte	A941
Stepan Company	Northfield	A941
Yokaya Biofuels Inc.	Ukiah	A941