Antidumping and Countervailing Duty Rates Unchanged for Argentina

Judge Claire Kelly of the US Court of International Trade ruled to uphold both the antidumping and countervailing duties imposed on Argentina.  In November of 2020 the court asked the US Department of Commerce to explain why antidumping charges were needed, given that Commerce had also imposed countervailing duties to address Argentina’s particular market situation (PMS) to address subsidies the government provided biodiesel producers.

Commerce conducted a “pass-through” analysis of prices for US sales of subject Argentine biodiesel to demonstrate that the countervailed export tax regime did not affect the difference between the constructed value of the merchandise and the US prices in this instance. The court accepted Commerce’s analysis, leaving both the antidumping and countervailing duties in place. Argentina will have until late May to decide if it wants to pursue the case…