INHALT

Commission Implementing Regulation (EU) 2019/1344 of 12 August 2019 imposing a provisional countervailing duty on imports of biodiesel originating in Indonesia

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1344
of 12 August 2019
imposing a provisional countervailing duty on imports of biodiesel originating in Indonesia
1.
PROCEDURE
1.1.
Initiation
1.2.
Investigation period and period considered
1.3.
Interested parties
1.4.
Sampling
1.4.1.
Sampling of Union producers
1.4.2.
Sampling of importers
1.4.3.
Sampling of exporting producers in Indonesia
1.4.4.
Questionnaire replies and verification visits
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product concerned
2.2.
Like product
3.
SUBSIDISATION
3.1.
Subsidies and subsidy programmes within the scope of the current investigation
3.2.
Government support to the biodiesel industry through direct transfer of funds via the ‘Biodiesel Subsidy Fund’
3.2.1.
The complaint and the subsidy scheme
3.2.2.
Analysis
3.2.2.1. Financial contribution
3.2.2.2. Benefit
3.2.2.3. Specificity
3.2.3.
Conclusion
3.2.4.
Calculation of the subsidy amount
3.3.
Government support to the biodiesel industry including through the provision of palm oil (CPO) for less than adequate remuneration
3.3.1.
The complaint and the subsidy scheme
3.3.2.
The application of the provisions of Article 28(1) of the basic Regulation
3.3.3.
Analysis
3.3.3.1. Financial contribution
3.3.3.2. Entrustment or direction of CPO producers by the GOI
3.3.3.3. Entrustment or direction of private bodies within the meaning of Article 3(1)(a)(iv) of the basic Regulation
3.3.3.4. Provision of CPO for less than adequate remuneration
3.3.3.5. The function which would normally be vested in the government and the practice, which, in no real sense, differs from practices normally followed by governments
3.3.3.6. Conclusion
3.3.3.7. Price or income support
(a)
The GOI's intention to support the domestic biodiesel industry as a public policy objective
(b)
Government actions for the development of the biodiesel industry
(c)
The set of measures adopted by the GOI qualifies as ‘any form of income/price support’ in the sense of Article XVI of the GATT 1994
3.3.3.8. Benefit
3.3.3.9. Specificity
3.3.4.
Conclusion
3.3.5.
Calculation of the subsidy amount
3.4.
Government Support via revenue forgone: the Bonded Zone scheme
3.4.1.
The subsidy scheme
3.4.1.1. Eligibility
3.4.1.2. Advantages conferred by being in Bonded Zones
3.4.1.3. The application of the provisions of Article 28(1) of the basic Regulation
3.4.2.
Analysis
3.4.2.1. Financial contribution
3.4.2.2. Benefit
3.4.2.3. Specificity
3.4.3.
Conclusion
3.4.4.
Calculation of the subsidy amount
3.5.
Other schemes
3.5.1.
Income tax benefits for listed investments
3.5.2.
Industrial estate subsidy
3.5.3.
Pioneer Industry Tax Benefit
3.5.4.
The provision of export financing and guarantees on preferential terms by the Indonesian Eximbank
3.6.
Conclusion on subsidisation
4.
INJURY
4.1.
Definition of the Union industry and Union production
4.2.
Union consumption
4.3.
Imports from the country concerned
4.3.1.
Volume and market share of the imports from the country concerned
4.3.2.
Prices of imports from the country concerned and price undercutting
4.4.
Economic situation of the Union industry
4.4.1.
General remarks
4.4.2.
Macroeconomic indicators
4.4.2.1. Production capacity and capacity utilisation
4.4.2.2. Sales volume and market share
4.4.2.3. Growth
4.4.2.4. Employment and productivity
4.4.2.5. Magnitude of the amount of the countervailable subsidies and recovery from past subsidisation or dumping
4.4.3.
Microeconomic indicators
4.4.3.1. Prices and factors affecting prices
4.4.3.2. Labour costs
4.4.3.3. Stocks
4.4.3.4. Profitability, cash flow, investments, return on investments and ability to raise capital
4.4.4.
Conclusion on injury
5.
THREAT OF INJURY
5.1.
Introduction
5.2.
The nature of the subsidy or subsidies in question and the trade effects likely to arise therefrom
5.3.
Significant rate of increase of subsidised imports into the Union market indicating the likelihood of substantially increased imports
5.4.
Sufficient freely disposable capacity and absorption capacity of third countries
5.5.
Price level of subsidised imports
5.6.
Level of inventories
5.7.
Conclusion
6.
CAUSATION
6.1.
Effects of the subsidised imports
6.2.
Other known factors
6.2.1.
Imports from third countries
6.2.2.
Export performance of the Union industry
6.3.
Conclusion
7.
UNION INTEREST
7.1.
Interest of the Union industry
7.2.
Interest of unrelated importers
7.3.
Interest of users/consumers
7.4.
Trade-distorting effects of subsidies/restoring effective competition
7.5.
Conclusion on Union interest
8.
REGISTRATION
9.
PROVISIONAL COUNTERVAILING MEASURES
9.1.
Provisional measures
10.
INFORMATION AT PROVISIONAL STAGE
11.
FINAL PROVISIONS
Article 1
Article 2
Article 3