RFA, Growth Energy file complaint in EU court to end ethanol duty

By Renewable Fuels Association, Growth Energy | May 16, 2013

The Renewable Fuels Association and Growth Energy have filed a complaint with the General Court in Luxembourg challenging the European Union’s (EU) decision to impose a 9.6 percent antidumping duty on all ethanol imported from the United States.

The complaint outlines 10 specific violations of one established trade law committed by the European Commission in its investigation of anti-dumping claims, and the imposition of a country-wide anti-dumping penalty, against all U.S. ethanol. These include errors in the assessment of relevant facts in determining injury and dumping margins as well as violations of the EU’s own rules regarding the implementation of anti-dumping penalties, such as their refusal to calculate individual dumping margins and assign individual dumping duties, their incomplete and inaccurate calculation of an alleged injury margin, and their overstatement of the volume of imports from the U.S. The complaint from RFA and Growth Energy requests the complete and total end of the duty.

“We believe the implementation of an EU duty on imported ethanol violates EU law and we are proactively taking our case to the General Court in Luxembourg,” said Tom Buis, CEO of Growth Energy.

The RFA and Growth Energy are trying to remedy the situation through other avenues as well. EU’s determination to impose the duty violates various requirements put in place by the World Trade Organization. Consequently, RFA and Growth Energy are working with appropriate officials in the United States to pursue a challenge before the WTO.

Earlier this month, 14 Senators signed a bipartisan letter to Acting Commerce Secretary Rebecca Blank and Acting U.S .Trade Representative Demetrios Marantis demanding that the Administration carefully evaluate the EU’s decision to impose a duty on imported ethanol and consider challenging the WTO requirements.

“We believe this duty violates well established international anti-dumping law, and we are going to pursue every challenge available to us. Whether it is a private challenge in Luxembourg or a challenge at the World Trade Organization, we are going to fight this illegal ruling to the end, and we are going to win,” said Bob Dinneen, president and CEO of the Renewable Fuels Association.