Two biofuels industry groups Thursday filed a complaint with the General Court in Luxembourg challenging the European Union's February decision to impose a 9.6% antidumping duty on all ethanol imported from the United States.
The complaint, filed jointly by the Renewable Fuels Association and Growth Energy, requests the complete and total end of the duty.
According to the groups, the complaint outlines 10 violations of one established trade law committed by the European Commission in its investigation of anti-dumping claims, and the imposition of a country-wide anti-dumping penalty, against all U.S. ethanol.
The alleged violations include errors in the assessment of relevant facts in determining injury and dumping margins as well as violations of the EU's own rules regarding the implementation of anti-dumping penalties.
Growth Energy and RFA said that the EU refused to calculate individual dumping margins and assign individual dumping duties, calculated an alleged injury margin incorrectly, and overstated of the volume of imports from the U.S.
Both groups said the tariff violates World Trade Organization policy. Consequently, they are pursuing a challenge before the WTO.
In late April, 14 Senators signed a bipartisan letter to Acting Commerce Secretary Rebecca Blank and Acting US Trade Representative Demetrios Marantis demanding that the Administration evaluate the EU's ethanol duty and consider challenging the WTO requirements.
"We believe this duty violates well established international anti-dumping law, and we are going to pursue every challenge available to us. Whether it is a private challenge in Luxembourg or a challenge at the World Trade Organization, we are going to fight this illegal ruling to the end, and we are going to win," said Bob Dinneen, RFA President.
News source: RFA/Growth Energy