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Growth Energy and RFA Disappointed by European Commission’s Decision to Appeal Ruling Invalidating Ethanol Duties

August 26, 2016


WASHINGTON — The Renewable Fuels Association and Growth Energy are disappointed with today's decision by the European Commission (EC) to file an appeal with the EU General Court related to its June 2016 ruling invalidating certain ethanol duties. That ruling annulled the European Union's 9.5 percent antidumping duty on ethanol imported from the United States produced by entities that had been selected as part of a sample group in an antidumping investigation. During the appeal process, the duty will remain on ethanol generated by these producers and all other American ethanol entering the European Union. The duty has been in place since February 2013. On June 9, the EU General Court ruled that the five-year antidumping duty was invalid because the European Commission was required by EU law to give each sampled U.S. company its own antidumping rate. Instead, the EC applied a countrywide rate to all parties, even those for which it had more specific information. This action is in direct violation of both the European Commission's own rules and longstanding World Trade Organization (WTO) precedent. The EC had approximately two months from the June 9 court ruling to appeal. In May 2013, Growth Energy and RFA filed a joint complaint, outlining violations by the European Commission in its antidumping investigation. The antidumping duty had effectively shut out U.S. ethanol producers from accessing the European market, which before the penalty was imposed had represented a 300-million-gallon market for our industry. "While not surprising, we are disappointed with EC's decision," said Renewable Fuels Association President and CEO Bob Dinneen. "The antidumping duty should have never been assessed and is only hurting European consumers by shutting out the lowest-cost ethanol in the world. We will continue to fight to ensure the duty is removed." Emily Skor, CEO of Growth Energy added, "The ongoing resistance of the EC is frustrating. Their willingness to continue to pursue an unprecedented, protectionist agenda will only delay the inevitable outcome, absolving U.S. ethanol producers from any false claims of anti-dumping. We will continue to pursue all options to fight this unfounded complaint, and are confident we will be vindicated."