EU Appeals WTO Ruling on EU's CVD on Indonesian Biodiesel
The EU will appeal a World Trade Organization panel report in Indonesia's case against the EU's countervailing duties on Indonesian biodiesel to the defunct Appellate Body, the EU reported at the Sept. 26 meeting of the Dispute Settlement Body. The appeal effectively ends the dispute, since there's no Appellate Body division that will be able to hear the case due to vacancies on the Appellate Body.
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At the DSB meeting, Indonesia "expressed regret that the EU decided to appeal the panel's findings before a non-functioning Appellate Body," while the EU noted it invited Indonesia to avoid the multiparty interim appeal arrangement, which is seen as an alternative to the Appellate Body.
The dispute panel issued its findings in the case last month, holding that the European Commission violated its WTO commitments in finding that the Indonesian government provides a countervailable subsidy to biodiesel producers via the provision of crude palm oil and in concluding that Indonesian biodiesel imports "cause a threat of material injury to EU biodiesel producers" (see 2508250024).