The European Court of Justice (ECJ) has annulled the European Union’s (EU) 9.5% anti-dumping duty on all ethanol imported from the USA, which has been in place since February 2013.
The decision affects imports by four US producers: Patriot Renewable Fuels, Plymouth Energy, Poet and Platinum Ethanol, according to Reuters.
The ECJ ruled on 9 June that the anti-dumping duty of US$83.03/tonne was invalid because the European Commission (EC) was required by EU law to give each sampled US company its own anti-dumping rate, Biofuels International said.
“It found that the EU should have imposed individual dumping duties for these producers instead of applying a general country-wide duty,” said ePure, the European renewable ethanol association.
In May 2013, the US Renewable Fuels Association (RFA) and Growth Energy filed a joint complaint against the duty, citing 10 violations of established trade law.
Biofuels International said that before the duty was imposed, the EU had represented a 300M gallon market for the US ethanol industry.
The EU now has approximately two months to file an appeal against the ruling.
The EU filed an appeal on 20 May against the World Trade Organization’s (WTO) March ruling in favour of Argentina over the EU’s anti-dumping duties on biodiesel imports from the country (see also Biofuels News, OFI May 2016).