US to keep duties on Argentine, Indonesian biodiesel imports after 5-year review process

The U.S. International Trade Commission determined May 25 that revocation of the existing antidumping and countervailing duty orders on biodiesel from Argentina and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The antidumping and countervailing duties were implemented in 2017 after record volumes of biodiesel from Argentina and Indonesia entered the U.S. in 2016.

As a result of the commission’s affirmative determinations, the existing orders on imports of this product from Argentina and Indonesia will remain in place.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.

The commission’s public report Biodiesel from Argentina and Indonesia (Inv. Nos. 701-TA-571-572 and 731-TA-1347-1348 (Review), USITC Publication 5428, June 2023) will contain the views of the commission and information developed during the reviews.

The report will be available by June 30.

When available, it may be accessed on the USITC website here.

The action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (commerce department) and of material injury (USITC) within a reasonably foreseeable time.

The commission’s institution notice in five-year reviews requests that interested parties file responses with the commission concerning the likely effects of revoking the order under review as well as other information.

Generally within 95 days from institution, the commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.

If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.

Commissioners base their injury determination in expedited reviews on the facts available, including the commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning biodiesel from Argentina and Indonesia were instituted Dec. 1, 2022.

On March 6, the commission voted to conduct expedited reviews.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic interested party group response was adequate and the respondent interested party group responses were inadequate and voted for expedited reviews.