2nd UPDATE: EU Imposes Duties On Biodiesel Imported From US
13 March 2009 - 3:28AM
Dow Jones News
The European Union Thursday announced steep duties on biodiesel
imported from the U.S., saying a subsidy the U.S. government gives
to its biodiesel companies is bringing financial ruin to producers
in the E.U.
Starting Friday, the 27-member bloc will impose two types of
duties, one to counter the government subsidy and one for dumping
the product at unfairly low prices onto the E.U. market, according
to announcements in the Official Journal of the E.U.
The duties will last four months while the European Commission,
the E.U.'s executive arm, determines if multiyear duties are
necessary, the Commission said.
"Anti-dumping and anti-subsidy measures aren't about
protectionism, they are about fighting unfair trade," E.U. trade
spokesman Lutz Guellner said in a statement. "This decision was
taken on the basis of clear evidence that unfair subsidization and
dumping of U.S. biodiesel has taken place."
The U.S. Congress and the administration of former president
George W. Bush in 2004 passed the controversial subsidy, which is a
tax credit of $1 for each gallon of biodiesel produced. Since then,
biodiesel shipments from the U.S. to the E.U. soared from 2,634
metric tons in 2004 to 1.14 million metric tons in the year between
April 2007 to March 2008.
Many biodiesel producers in the E.U. have shut down over the
past two years or have cut production, as biodiesel prices have
fallen too much for them to operate profitably. The industry blames
the surge of government-subsidized biodiesel from the U.S. for
depressing prices.
"I'm being outcompeted not by U.S. plants but by the deep
pockets of the U.S. government," said Richard Nickels, chief
executive Biofuels Corp., a large U.K. biodiesel producer that has
been running far below full capacity. "If these duties give us that
level playing field, then I expect to be back up to capacity."
But U.S. biodiesel producers said their product isn't the cause
of the European biodiesel industry's financial problems.
"It is factors unrelated to U.S. competition - bad business
models; high feedstock costs; and detrimental E.U. member state
policy - that are to blame," said Manning Feraci of the National
Biodiesel Board, which represents U.S. producers.
The anti-dumping duties range from EUR23.6 to EUR208 a metric
ton, and the anti-subsidy duties range from EUR211 to EUR237/ton,
depending on the company that produces the biodiesel. Companies
importing biodiesel from the U.S. will have to pay both of these
duties.
Archer Daniels Midland Co. (ADM), the giant U.S. agriculture
company, will have to pay combined duties of EUR261/ton. ADM rival
Cargill will have to pay EUR275/ton.
Imperium Renewables will have to pay EUR293/ton, Green Earth
Fuels EUR284/ton, and World Energy Alternatives EUR294/ton,
according to the proposal.
Fifty-three companies that cooperated with the E.U.'s
investigation will have to pay EUR342/ton, including Louis Dreyfus
Agricultural Industries, Vitol Inc., and U.S. Biofuels Inc.
Peter Cremer North America LP and all other companies will have
to pay EUR419/ton.
The surge of U.S. biodiesel imports into the E.U. caused the
financial condition of the E.U. biodiesel industry to deteriorate
drastically between 2005 and early 2008, according to the
Commission's investigation. Profit margins dropped from 18% to
below 6%.
Return on investments in the E.U. industry fell by 80%, as the
industry's margins were squeezed between higher costs and low
biodiesel prices, the commission said.
The duties were set based on the premise that E.U. biodiesel
producers deserve profit margins of at least 15%, according to the
announcement in the Journal. The commission will decide in mid-July
whether to impose long-term duties.
-By Matthew Dalton, Dow Jones Newswires; +32 2 741 1487;
matthew.dalton@dowjones.com