Biodiesel
USITC Makes Determinations in Five-Year (Sunset) Review Concerning Biodiesel from Argentina and Indonesia
The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping and countervailing duty orders on biodiesel from Argentina and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from Argentina and Indonesia will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Biodiesel from Argentina and Indonesia (Inv. Nos. 701-TA-571-572 and 731-TA-1347-1348 (Review), USITC Publication 5428, June 2023) will contain the views of the Commission and information developed during the reviews.
The report will be available by June 30, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Biodiesel from Argentina and Indonesia (Review) were instituted on December 1, 2022.
On March 6, 2023, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic interested party group response was adequate and the respondent interested party group responses were inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
Dumped Biodiesel from Argentina and Indonesia Injures U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of biodiesel from Argentina and Indonesia that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the affirmative. Commissioner Jason E. Kearns did not participate in these investigations.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Argentina and Indonesia.
The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from Argentina. As a result, imports of biodiesel from Argentina will not be subject to retroactive antidumping duties.
The Commission’s public report Biodiesel from Argentina and Indonesia, (Inv. Nos. 731-TA-1347-1348 (Final), USITC Publication 4775, April 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by May 7, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Biodiesel from Argentina and Indonesia
Investigation Nos. 731-TA-1347-1348 (Final)
Product Description: Biodiesel is a fuel made from many types of vegetable oils, such as soybean oil, palm oil, and canola oil; animal fats; and used cooking oils. It is used most frequently as a substitute for petroleum-based diesel (diesel) in the transportation sector, usually in blends of 2 to 20 percent biodiesel. Biodiesel is also used as a heating fuel (fuel oil), primarily in the northeastern United States.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty investigations.
2. Petitioners: National Biodiesel Board Fair Trade Coalition, Washington, DC, and its individual members.
3. USITC institution: March 23, 2017.
4. USITC hearing: November 9, 2017.
5. USITC vote (antidumping duty): April 3, 2018.
6. USITC notification to Commerce (antidumping duty): April 16, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: 25
2. Location of producers’ plants: Alabama, Arkansas, California, Connecticut, Georgia, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, and Texas.
3. Production and related workers: 1,215.
4. U.S. producers’ U.S. shipments: $3.6 billion.
5. Apparent U.S. consumption: $5.7 billion.
6. Ratio of subject imports to apparent U.S. consumption: 28.4 percent.
U.S. Imports in 2016:
1. Subject imports: $1.6 billion.
2. Nonsubject imports: $496.3 million.
3. Leading import sources: Argentina, Canada, and Indonesia.
Biodiesel from Argentina and Indonesia Injures U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of biodiesel from Argentina and Indonesia that the U.S. Department of Commerce (Commerce) has determined are subsidized.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the affirmative.
As a result of the USITC’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from Argentina and Indonesia.
The Commission’s public report Biodiesel from Argentina and Indonesia (Investigation Nos. 701-TA-571-572 (Final), USITC Publication 4748, December 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 11, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
FACTUAL HIGHLIGHTS
Product Description: Biodiesel is a fuel made from many types of vegetable oils, such as soybean oil, palm oil, and canola oil; animal fats; and used cooking oils. It is used most frequently as a substitute for petroleum-based diesel (diesel) in the transportation sector, usually in blends of 2 to 20 percent biodiesel. Biodiesel is also used as a heating fuel (fuel oil), primarily in the northeastern United States.
Status of Proceedings:
1. Type of investigation: Final phase countervailing duty investigations.
2. Petitioners: National Biodiesel Board Fair Trade Coalition, Washington, DC, and its individual members.
3. USITC institution: March 23, 2017.
4. USITC hearing: November 9, 2017.
5. USITC vote (countervailing duty): December 5, 2017.
6. USITC notification to Commerce (countervailing duty): December 21, 2017.
U.S. Industry in 2016:
1. Number of U.S. producers: 25
2. Location of producers’ plants: Alabama, Arkansas, California, Connecticut, Georgia, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, and Texas.
3. Production and related workers: 1,215.
4. U.S. producers’ U.S. shipments: $3.6 billion.
5. Apparent U.S. consumption: $5.7 billion.
6. Ratio of subject imports to apparent U.S. consumption: 28.4 percent.
U.S. Imports in 2016:
1. Subject imports: $1.6 billion.
2. Nonsubject imports: $496.3 million.
3. Leading import sources: Argentina, Canada, and Indonesia.
USITC Votes to Continue Investigations on Biodiesel from Argentina and Indonesia
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of biodiesel from Argentina and Indonesia that are allegedly subsidized and sold in the United States at less than fair value.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its antidumping and countervailing duty investigations on imports of this product from Argentina and Indonesia, with its preliminary countervailing duty determinations due on or about June 16, 2017, and its preliminary antidumping duty determinations due on or about August 30, 2017.
The Commission’s public report Biodiesel from Argentina and Indonesia, Inv. Nos. 701-TA-571-572 and 731-TA-1347-1348 (Preliminary), USITC Publication 4690, May 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available after June 5, 2017. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Biodiesel from Argentina and Indonesia
Investigation Nos. 701-TA-571-572 and 731-TA-1347-1348 (Preliminary)
Product Description: Biodiesel is a fuel made from many types of vegetable oils, such as soybean oil, palm oil, and canola oil; animal fats; and used cooking oils. It is used most frequently as a substitute for petroleum-based diesel (diesel) in the transportation sector, usually in blends of 2 to 20 percent biodiesel. Biodiesel is also used as a heating fuel (fuel oil), primarily in the northeastern United States, and for stationary electricity generation in diesel generators.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: National Biodiesel Board Fair Trade Coalition, Washington, DC, and its individual members.
3. Preliminary investigations instituted by the USITC: March 23, 2017.
4. Commission’s conference: April 13, 2017.
5. USITC vote: May 5, 2017.
6. USITC determinations to the U.S. Department of Commerce: May 8, 2017.
7. USITC views to the U.S. Department of Commerce: May 15, 2017.
U.S. Industry:
1. Number of producers in 2016: 25.
2. Location of producers’ plants: Alabama, Arkansas, California, Connecticut, Georgia, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, and Texas.
3. Employment of production and related workers in 2016: 1,336
4. Apparent U.S. consumption in 2016: $5.8 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2016: 36.6 percent.
U.S. Imports:
1. From the subject countries during 2016: $1.6 billion.
2. From other countries during 2016: $499 million.
3. Leading sources during 2016: Argentina, Canada, and Indonesia (in terms of total value).