This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 July 2009.

For the Council

The President

A. BORG

( 1 ) OJ L 288, 21.10.1997, p. 1 .

( 2 ) OJ L 67, 12.3.2009, p. 50 .

( 3 ) OJ L 67, 12.3.2009, p. 22 .

( 4 ) Article 28(1) of the basic Regulation states: ‘ In cases in which any interested party refuses access to, or otherwise does not provide, necessary information within the time limits provided in this Regulation, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of the facts available. […] ’.

( 5 ) Unlike those companies which received a sampling form but did not return it.

( 6 ) Heading number 3826 00 to cover ‘biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals’.

( 7 ) ‘Mixtures composite goods consisting of different materials or made of different components and goods put in sets for retail sales, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character in so far as this criterion is applicable.’

( 8 ) HTS codes 38 24 90 40 00 and 38 24 90 40 20.

( 9 ) Case T-348/05: JSC Kirovo-Chepetsky Khimichesky Kombinat v Council, 10 September 2008, paras 61-63.

( 10 ) Case T-348/05: JSC Kirovo-Chepetsky Khimichesky Kombinat v Council, 10 September 2008, paras 61-63.

( 11 ) European Commission, Directorate-General for Trade, Directorate H, Office N105 04/092, 1049 Brussels, Belgium.

COUNCIL REGULATION (EC) No 598/2009 of 7 July 2009 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America ANNEX