The Biobased and Renewable Products Advocacy Group (BRAG) helps members develop and bring to market their innovative biobased and renewable chemical products through insightful policy and regulatory advocacy. BRAG is managed by B&C® Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C.

By Kathleen M. Roberts

On March 29, 2017, the U.S. International Trade Commission (ITC) published a notice in the Federal Register announcing the commencement of the preliminary phase of a biodiesel antidumping and countervailing duty investigation into Argentina and Indonesia.  ITC must make a preliminary determination within 45 days regarding whether there is a reasonable indication that the U.S. biodiesel industry is materially injured or threatened with material injury by imports of biodiesel from Argentina and Indonesia.  ITC has scheduled a conference on the investigation for April 13, 2017.  Stakeholders that wish to appear at the conference must e-mail .(JavaScript must be enabled to view this email address) and .(JavaScript must be enabled to view this email address) on or before April 11, 2017.   Written submissions containing information and arguments regarding the investigation will be accepted on or before April 18, 2017.  The investigation is in response to a petition filed by the National Biodiesel Board (NBB) Fair Trade Coalition on March 23, 2017.  More information on NBB’s petition is available in the BRAG blog post “National Biodiesel Board Fair Trade Coalition Files Antidumping, Countervailing Duty Petition.”


 

On March 23, 2017, the National Biodiesel Board (NBB) announced that an antidumping and countervailing duty petition had been filed with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) claiming that Argentine and Indonesian companies are violating trade laws by saturating the U.S. market with dumped and subsidized biodiesel.  The petition was filed on behalf of the National Biodiesel Board Fair Trade Coalition, which represents the NBB and U.S. biodiesel producers.  According to NBB, Argentine and Indonesian producers are selling their biodiesel in the U.S. at prices that are substantially lower than their costs of production, and government programs in both countries are providing illegal subsidies to their domestic biodiesel industries.  Between 2014 and 2016, biodiesel imports from Argentina and Indonesia increased by 464 percent, which resulted in an 18 percent loss in market share for U.S. manufacturers.  Both countries have previously been charged with violating international trade laws.  Following NBB’s announcement, Senator Maria Cantwell (D-WA) released a statement urging DOC and ITC to give the suit every appropriate consideration and pledging to continue to work across the aisle to reform the biodiesel tax credit, so that it incentivizes the domestic production of clean, renewable biodiesel.