The July 1, 1994 Question and Answer Document discusses the antidumping provisions that impact California gasoline -- a non-RFG California gasoline before 3/1/96 must meet all antidumping requirements (i.e., volumes and properties.) After 3/1/96, California gasoline is exempt from certain enforcement requirements of the antidumping rules. Does this mean that both the fuel parameters and fuel volumes associated with California gasoline are exempt from the antidumping rules, or are the volumes still included when comparing against the 1990 baseline volumes?
Section 80.81(d) provides that, subsequent to March 1, 1996, refiners, importers and oxygenate blenders of California gasoline shall demonstrate compliance with the RFG and antidumping standards specified in §§ 80.41 and 80.90 by excluding the volume and properties of its California gasoline from all of the gasoline (RFG or conventional) it produces that is not California gasoline.
This section also provides that this does not exempt any refinery from demonstrating compliance with the standards for all gasoline that it produces or imports. While refiners are generally exempt from recordkeeping, reporting and various other provisions for California gasoline, they are not exempt from the RFG and anti-dumping standards themselves. (11/28/94)
This question and answer was posted at List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (pdf)