Exporters Dumped Biodiesel in U.S.: Commerce Department

Exporters from Argentina and Indonesia have sold biodiesel in the United States at less than fair value, the U.S. Department of Commerce said.

Secretary of Commerce Wilbur Ross announced “affirmative final determinations” in antidumping duty (AD) investigations of imports of biodiesel from Argentina and Indonesia.

The decision allows U.S. producers of biodiesel to receive relief from the “market-distorting effects of foreign producers dumping into the domestic market,” Ross said in a Feb. 21 statement. “While the United States values its relationship with Argentina and Indonesia, even our closest friends must play by the rules.”

The Commerce Department determined that exporters from Argentina and Indonesia have sold biodiesel in the United States at 60.44%-86.41% and 92.52%-276.65% less than fair value, respectively.

Pending the completion of additional steps, the Commerce Department will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of biodiesel from Argentina and Indonesia based on these final rates, according to the statement.

The steps that remain are to be completed by the U.S. International Trade Commission (ITC). The ITC is scheduled to issue its final determinations on April 6. If the ITC makes affirmative final injury determinations, Commerce will issue AD orders. If the ITC makes negative final determinations of injury, the investigations will be terminated and no orders will be issued.

In 2016, imports of biodiesel from Argentina and Indonesia were valued at an estimated $1.2 billion and $268 million, respectively.

The petitioner is the National Biodiesel Fair Trade Coalition, an ad hoc association composed of the National Biodiesel Board and 15 domestic producers of biodiesel.

The AD law provides U.S. businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. Commerce currently maintains 418 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for enforcing U.S. trade laws.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to AD duties.