CIT Orders Commerce To Rethink Indonesian Biodiesel Duties

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Law360 (August 12, 2020, 7:53 PM EDT) — The U.S. Court of International Trade has ordered the U.S. Department of Commerce to reconsider its countervailing duties on Indonesian biodiesel, questioning whether a 1994 Indonesian export tariff scheme gave an unfair advantage to the country’s producers.

CIT Judge Richard K. Eaton said Tuesday that while the Indonesian biodiesel producers were illegally subsidized by a Biodiesel Subsidy Fund and 2015 export levy on crude palm oil, the U.S. Department of Commerce wrongly determined that the 1994 tariff subsidized Indonesian biodiesel producers and exporters by increasing the supply and lowering prices of crude palm oil in Indonesia.

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