Two US trade groups, the Renewable Fuels Association (RFA) and Growth Energy, have filed a complaint with the General Court in Luxembourg challenging the European Union’s decision to impose a 9.6 percent antidumping duty on all ethanol imported from the United States.
The complaint alleges the European Commission repeatedly violated international trade law while investigating anti-dumping claims, and wrongly imposed an anti-dumping penalty against all US ethanol.
Alleged acts include the commission's refusal to calculate individual dumping margins and assign individual dumping duties, its incomplete and inaccurate calculation of an alleged injury margin, and its overstatement of the volume of imports from the U.S.
“We believe the implementation of an EU duty on imported ethanol violates EU law and we are proactively taking our case to the General Court in Luxembourg,” said Tom Buis, CEO of Growth Energy.
At the same time, the groups are working with officials in the US to pursue a separate challenge before the WTO.
Earlier this month, 14 US Senators signed a bipartisan letter to Acting Commerce Secretary Rebecca Blank and Acting U.S. Trade Representative Demetrios Marantis demanding that the Administration carefully evaluate the EU’s decision to impose a duty on imported ethanol 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,” said Bob Dinneen, President and CEO of the Renewable Fuels Association. "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."