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ARTICLE · 05 APRIL 2016

WTO Panel Issues Mixed Decision On Antidumping Duties In EU Biodiesel Dispute

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The most significant of these claims are described below.

GlobalInternational Law

On March 29, 2016, a World Trade Organization (WTO) dispute settlement panel issued a mixed ruling in Argentina's challenge to the EU's antidumping regulation and imposition of antidumping duties to biodiesel imported from Argentina.1 Antidumping duties, which are permitted under the WTO agreements under set guidelines, are tariffs placed on goods that enter a market at a price that is deemed to be "below normal value," or less than the actual cost of production and sale in the exporter's home market. In 2013, the EU applied antidumping duties ranging from 22 to 25.7 percent on biodiesel imported from Argentina.

Although Argentina did not prevail in its challenge of the EU's underlying legal framework for applying antidumping duties to imports, the WTO panel agreed that the EU applied antidumping duties to Argentinean biodiesel products in a manner that is inconsistent with its WTO obligations.

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