Is a company considered an importer under the RFG regulations if it has a refinery located in the Virgin Islands or Guam and transports gasoline produced at this refinery to a State?

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Section 80.2(r) defines "importer" as "a person who imports gasoline or gasoline blending stocks or components from a foreign country into the United States...." Under § 302(d), Puerto Rico, Guam, American Samoa, the Virgin Islands and the Northern Mariana Islands are included in the definition of "State" for purposes of compliance with the RFG and anti-dumping regulations.

A company that produces gasoline at a refinery located in Puerto Rico, Guam, American Samoa, the Virgin Islands or the Northern Mariana Islands, therefore, is a refiner, rather than an importer, of that gasoline. In addition, gasoline transported into Puerto Rico, Guam, American Samoa, the Virgin Islands or the Northern Mariana Islands from outside any "State" would be imported gasoline that must be included in the importer's RFG or anti-dumping compliance calculations.(1/9/95)

This question and answer was posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (PDF)(333 pp, 18.17 MB, EPA420-R-03-009, July 2003, About PDF)