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February 2, 2018

WTO Rules On EU AD Measures On Biodiesel From Indonesia

Lauren M. Graham, Ph.D.

By Lauren M. Graham, Ph.D.

On January 25, 2018, the World Trade Organization (WTO) issued a ruling on anti-dumping (AD) measures on biodiesel from Indonesia, following Indonesia’s request for consultations with the European Union (EU) in June 2014.  The ruling is the latest in a series of legal challenges to EU AD duties on biodiesel imports from Indonesia and Argentina that were established in 2013. Similar to the WTO ruling for Argentina, the panel ruled in favor of several challenges to the AD duties for Indonesia.  For instance, the panel determined that the EU should have used the prices recorded by the producers and failed to calculate correctly a normal profit margin.  While Indonesia argued that the measures should be withdrawn, the panel did not make specific recommendations on how the EU should adapt its measures.  The EU AD duties for Indonesia remain those set in 2013, specifically between 8.8 and 20.5 percent. Both parties have 60 days to submit an appeal.