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ARTICLE · 09 JANUARY 2017

WTO Panel Issues Mixed Decision On Anti-Dumping Duties In EU Fatty Alcohols Dispute

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On December 16, 2016, a World Trade Organization (WTO) dispute settlement panel issued its report in European Union – Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia.

GlobalInternational Law
Margaret-Rose Sales
Margaret-Rose Sales
Edouard Gergondet
Edouard Gergondet
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On December 16, 2016, aWorld Trade Organization (WTO) dispute settlement panel issued its report in European Union – Anti- Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia.1 The dispute concerned the EU's imposition of anti-dumping duties in 2011 on certain fatty alcohols imported from Indonesia, in particular imports from PT Musim Mas (Musim Mas), an Indonesian producer of fatty alcohols.

Before the panel, Indonesia challenged downward adjustments made by the European Union to the export price of fatty alcohols sold in the European market for a price markup given to a trading company related to Musim Mas. According to Indonesia, as a result of the price adjustment, the EU did not make a fair comparison between the normal value of fatty alcohols sold in Indonesia and the export price contrary to the requirements of Article 2.4 of the WTO Anti-Dumping Agreement (ADA). Indonesia claimed that the European Union mischaracterized the costs as a trading

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