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    • Countervailing Duties on Imports of Biodiesel from Indonesia


    Status: Pending

    Subject: Agreement on Subsidies and Countervailing Measures, DSU, GATT 1994,

    Respondent: European Union

    Complainant(s): Indonesia,

    Third Parties: Argentina, Brazil, Canada, United States, China, Norway, Russian Federation, Turkey, United Kingdom, Japan, Australia, Singapore, Thailand,

    Dispute Number: DS618

    Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds618_e.htm



    On August 11, 2023, Indonesia requested consultations with the European Union with respect to the definitive countervailing duties on imports of biodiesel from Indonesia, as well as the underlying investigation that led to the imposition of these duties. 

    Indonesia claimed that the definitive countervailing duties on imports of biodiesel from Indonesia and the investigation leading to their imposition appear to be inconsistent with:

     • Articles 1.1(a)(1)(i), 1.1(a)(1)(ii), 1.1(a)(1)(iv), 1.1(a)(2), 1.1(b), 1.2, 2.1, 2.4, 12.1, 12.3, 12.4, 12.4.1, 12.7, 12.11, 14, 14(d), 15.1, 15.2, 15.4, 15.5, 15.7, 15.8, 18.3, 19.1, 19.3, 19.4, 21.1, 22.3, 22.4, 22.5 and 32.1 of the SCM Agreement; and 

    • Articles I:1, VI, VI:3 and XVI:1 of the GATT 1994.

     On October 13, 2023, Indonesia requested the establishment of a panel. At its meeting on October 26, 2023, the DSB deferred the establishment of a panel. 

    At its meeting on November 27, 2023, the DSB established a panel. Argentina, Australia, Brazil, Canada, China, Japan, Norway, the Russian Federation, Singapore, Thailand, Türkiye, the United Kingdom, and the United States reserved their third-party rights. 

    Following the agreement of the parties, the panel was composed on March 14, 2024.
     

    Panel Proceedings
    Brief Date Brief Description
    11/04/2024 U.S. Third-Party Executive Summary
    10/28/2024 U.S. Third-Party Answers to Panel Questions
    10/09/2024 U.S. Third-Party Oral Statement
    07/29/2024 U.S. Third-Party Submission