On October 6, 2016, the World Trade Organization Appellate Body issued its report in European Union – Anti-dumping Measures on Biodiesel from Argentina. The dispute concerned the EU’s imposition of anti-dumping duties on biodiesel imported from Argentina. Argentina claimed that the European Commission erred in its method of calculating dumping rates in this investigation and that a provision of the EU’s anti-dumping legislation was inconsistent “as such” with the EU’s WTO obligations. The Appellate Body report upheld all of the panel’s findings, and its decision addresses a methodology used by the European Commission in its anti-dumping investigations on imports from countries in which market prices are distorted as a result of state intervention. This Legal Update discusses the Appellate Body’s findings and their relevance to anti-dumping in the European Union.
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