EU appeals WTO panel report in dispute over Argentine biodiesel

By Ron Kotrba | May 24, 2016

The European Union filed a notice of appeal May 20 with the World Trade Organization in the dispute with Argentina over antidumping measures on biodiesel, according to a WTO announcement.

In 2013, Argentina initiated proceedings at WTO against the EU, asking for the annulment of the antidumping duties.

Two months ago, a WTO panel report was published, in which, among other findings, the panel determined that the method behind the EU’s economic antidumping measures, established to correct price distortions caused by Argentina’s differential export tax system, was in violation of WTO law.

When the panel report was issued in late March, the European Biodiesel Board’s Secretary General Raffaello Garofalo said, “The European biodiesel industry will stand strong to defend its market from the harmful effects of the differential export tax mechanism, which has enabled the Argentinean biodiesel industry to export biodiesel to the EU at unfairly low prices and at times lower than the cost of biodiesel raw materials—a clear proof of dumping and unfair practice. The WTO panel’s report is not an outright victory for the Argentinean industry, as many of its claims—together with the request to withdraw the EU antidumping duties—have been rejected by the WTO panel. The EBB considers this WTO decision only as a first episode in a long, strenuous legal battle over the legitimacy of the EU defense measures. This issue has implications that go well beyond the case of biodiesel as shown by the number of countries that have supported as third parties in this proceeding. It is thus essential that the European Commission appeal the questionable parts of the report before the appellate body.”


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