The European Commission (EC) filed an appeal on 26 August against a European Court of Justice (ECJ) ruling which annulled anti-dumping duties on US ethanol.

The ECJ ruled on 9 June that the EU’s 9.5% anti-dumping duty on US ethanol produced by companies that had been selected as part of a sample group in a probe was invalid because the EC was required by EU law to give each sampled US company its own anti-dumping rate (see Biofuel News, OFI June 2016).

The decision affected imports from four US producers – Patriot Renewable Fuels, Plymouth Energy, Poet and Platinum Ethanol.

During the appeal process, the duty will remain on all US ethanol.

The 9.5% duty was imposed in February 2013 following an EC investigation launched in November 2011. The EC identified more than 60 US producers who had exported ethanol to the EU between 1 October 201 and 30 September 2011, when the US blenders credit was still in place, the Progressive Farmer said.

The duty was imposed in response to claims that US ethanol producers were undercutting EU producers.

The US Renewable Fuel Association said it would continue to fight to ensure the duty was removed.

The EU had been a 300M gallons/year market for the USA before the anti-dumping duty was imposed, the Progressive Farmer said.