US court decision maintains duties on Argentine biodiesel

The National Biodiesel Board 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, in May 2020 the commerce department 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 that the May 2020 decision was reasonably determined and supported by substantial evidence.

“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,” said Kurt Kovarik, NBB’s vice president of federal affairs. “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, the commerce department finalized antidumping (AD) and countervailing duty (CVD) rates on Argentine biodiesel imports. In November 2018, the department granted Argentina’s request for a “changed circumstances” review, based on that government’s ongoing changes in its export tax regime. In July 2019, the commerce department 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, it issued a final determination that maintained both the original CVD and AD rates.