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NBB Welcomes Court Decision to Maintain Duties on Argentine Biodiesel

September 21, 2021

U.S. Court of International Trade upholds Commerce final determination in changed circumstances review


The National Biodiesel Board (NBB) today welcomed the U.S. Court of International Trade’s decision to uphold the U.S. Department of Commerce’s final determination in its changed circumstances review (CCR) of duties on imports of Argentine biodiesel. Following a lengthy review process, Commerce in May 2020 determined that there were no “changed circumstances” in Argentina’s subsidies for its biodiesel producers that would warrant changes in U.S. duty rates first imposed in early 2018. Today, the Court found Commerce’s determination was reasonably determined and supported by substantial evidence.

Kurt Kovarik, NBB’s VP of Federal Affairs, said, “NBB’s Fair Trade Coalition and members are grateful that the Department of Commerce stood by U.S. biodiesel producers and made the right decisions to maintain fair trade conditions. NBB participated throughout the review to ensure the evidentiary record was current and complete. We are pleased that the court’s review supports the outcome of that process.”

In January 2018, following a lengthy investigation that found U.S. biodiesel producers were harmed by unfair trade practices, Commerce finalized antidumping (AD) and countervailing duty (CVD) rates on Argentine biodiesel imports. In November 2018, Commerce granted Argentina’s request for a “changed circumstances” review, based on that government’s ongoing changes in its export tax regime. In July 2019, Commerce issued a preliminary decision that would have maintained the AD rates but virtually eliminated CVD rates for Argentina’s biodiesel producers. In May 2020, however, Commerce issued a final determination that maintained both the original CVD and AD rates.

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