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Biodiesel Legal US

Commerce postpones preliminary determination in biodiesel anti-dumping case

Today the Department of Commerce (DOC) approved The National Biodiesel Board Fair Trade Coalition’s 6 July request to postpone a decision on whether Argentina and Indonesian suppliers were guilty of dumping biodiesel in the US. In a post on the Federal Register, the DOC stated that due to the statutes listed and because there is no compelling reason to refuse, the deadline for the initial determination for the anti-dumping (AD) investigation into Argentina and Indonesia will be extended. Preliminary determinations will be due within a period no later than 190 days from the original initiation of the case, meaning this ruling will be issued 19 October 2017 at the latest. This will push back the final determinations of the investigation to a period of 75 days after the initial findings, unless further postponed.

This is the most recent update surrounding the highly publicized investigation into alleged dumping of biodiesel below production costs into the United States by Argentina and Indonesia, with many industry leaders anxiously awaiting the final DOC deliberations. Until today, the preliminary determinations were due no later than August 30 in accordance with Section 733B of the Tariff Act of 1930, which requires initial determinations to be issued within 140 days of the initiation of an investigation. However, federal regulations code 19 CFR 351.205 allows for a petition for postponement of preliminary determinations if the petitioner files a justified request.

MB 15/8/17

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