Petition Filed for New AD/CV Duties on Biodiesel From Argentina and Indonesia
The National Biodiesel Board Fair Trade Coalition recently filed a petition with the Commerce Department and International Trade Commission requesting new antidumping and countervailing duties on biodiesel from Argentina and Indonesia. Commerce will now decide whether to begin AD/CVD investigations on biodiesel at the request of the coalition, which is made up of the National Biodiesel Board and 15 unnamed U.S. producers of biodiesel.
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Though the AD/CV duties have never been requested on biodiesel in the U.S., the European Union currently imposes AD duties on biodiesel from Argentina and Indonesia, the petition said. The AD rates set by the EU range from 41.9% to 49.2% for Argentina and 8.8% to 23.3% for Indonesia.
Proposed Scope
The petition proposes the following scope for the investigations:
The product covered by these petitions is biodiesel, which is a fuel comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats, including waste oils or greases, and other biologically based oil or fat sources. The petitions cover biodiesel in pure form (“B100”) as well as fuel mixtures containing at least 99 percent biodiesel by volume (“B99”). For fuel mixtures containing less than 99 percent biodiesel by volume, only the biodiesel component of the mixture is covered by the scope of the petitions.
Biodiesel is generally produced to American Society for Testing and Materials International (“ASTM”) D6751 specifications, but it can also be made to other specifications. Biodiesel commonly has one of the following Chemical Abstracts Service (“CAS”) numbers, generally depending upon the feedstock used: 67784-80-9 (soybean oil methyl esters); 91051-34-2 (palm oil methyl esters); 91051-32-0 (palm kernel oil methyl esters); 73891-99-3 (rapeseed oil methyl esters); 61788-61-2 (tallow methyl esters); 68990-52-3 (vegetable oil methyl esters); 129828-16-6 (canola oil methyl esters); 67762-26-9 (unsaturated alkylcarboxylic acid methyl ester); or 68937-84-8 (fatty acids, C12-C18, methyl ester).
The B100 product subject to the petitions is currently classifiable under subheading 3826.00.1000 of the Harmonized Tariff System of the United States (“HTSUS”), while the B99 product is currently classifiable under HTSUS subheading 3826.00.3000.13 Although the HTSUS subheadings, ASTM specifications and CAS numbers are provided for convenience and customs purposes, the written description of the scope is dispositive.
Commerce Accepting Comments on Petition Support
The Commerce Department is accepting comments on domestic industry support for the petition to determine whether the petition meets the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate antidumping and countervailing duty investigations. Comments are due April 12.
Email ITTNews@warren-news.com for a copy of the petition.