Inaccurate Facts and Omissions Contradict EC Duties on Biodiesel

NBB files formal comments on ruling.

Published on: Apr 2, 2009

The National Biodiesel Board has responded to the European Commission's decision to impose provisional antidumping and countervailing duties on U.S. biodiesel entering the European Union. The NBB's formal written comments illustrate the significant procedural and factual shortcomings in the EC's provisional ruling.

"The comments we have filed highlight that arbitrary procedural conclusions and inaccurate market assumptions were used by the EC as the basis for imposing provisional duties on U.S. biodiesel," stated Manning Feraci, NBB's Vice President for Federal Affairs. "The rationale used to impose AD and CVD duties - which clearly benefit the interests of European biodiesel producers - runs afoul of the EU's WTO commitments."

NBB says that U.S. competition hasn't hurt the European industry, a fundamental fact that must be proven before duties can be finalized later this year. EU producers that are alleging harm in the complaints have increased their market share by 5.8% and posted a 5.7% profit, which is quite healthy by industry standards. Going forward, Feraci says, the hope is that the EC acts in an impartial manner consistent with its WTO obligations and recognizes the irrefutable data that has been highlighted in the comments.