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WT/DS473 - European Union - Anti-Dumping Measures on Biodiesel from Argentina

WTO dispute settlement case - Complaint against the EU

Country or region
Argentina
Trade topics
Dispute settlement
Dispute settlement
WTO - Complaint against the EU

Summary of the case

  • Complaint by: Argentina
  • Complaint against: EU
  • Third parties: Australia, China, Colombia, Indonesia, Malaysia, Mexico, Norway, Russian Federation, Saudi Arabia, Turkey, United States

On 19 December 2013, Argentina requested consultations with the European Union regarding (a) provisional and definitive anti-dumping measures imposed on biodiesel originating in, inter alia, Argentina, as well as the investigation underlying the measures; and, (b) a provision in Council Regulation (EC) 1225/2009 of November 2009, which refers to the adjustment or establishment of costs associated with the production and sale of products under investigation in the determination of dumping margins.

Argentina claims that the measures are inconsistent with:

  • Articles 1, 2.1, 2.2, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 6.2, 6.4, 6.5, 6.5.1, 9.3, 18 and 18.4 of the Anti Dumping Agreement;
  • Article VI of the GATT 1994; and
  • Article XVI:4 of the WTO Agreement.

On 9 January 2014, Russia requested to join the consultations. On 15 January 2014, Indonesia requested to join the consultations. Subsequently, the European Union informed the Dispute Settlement Body (DSB) that it had accepted the request of Indonesia to join the consultations. On 13 March 2014, Argentina requested the establishment of a panel. At its meeting on 25 April 2014, the DSB established a panel. On 23 June 2014, the Director-General of the WTO composed the panel.

The Panel report was circulated to WTO Members on 29 March 2016. On 20 May 2016, the European Union notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretation in the panel report. On 25 May 2016, Argentina notified the DSB of its decision to cross-appeal. On 6 October 2016, the Appellate Body issued its report. Link to the WTO website: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds473_e.htm

Relevant WTO provision:

  • Articles 1, 2.1, 2.2, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 6.2, 6.4, 6.5, 6.5.1, 9.3, 18 and 18.4 of the Anti‑Dumping Agreement; Article VI of the GATT 1994; and Article XVI:4 of the WTO Agreement.

Status

The Panel report was circulated to WTO Members on 29 March 2016. On 20 May 2016, the European Union notified the Dispute Settlement Body of its decision to appeal to the Appellate Body certain issues of law and legal interpretation in the panel report. On 25 May 2016, Argentina notified the DSB of its decision to cross-appeal. On 6 October 2016, the Appellate Body issued its report.

  • Consultations requested: 19 December 2013

Documents

EU submissions and other related documents

Full case details and WTO documents on the WTO website

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