Global Trade Alert

On July 3, 2009, the Peruvian National Institute of Antitrust and Intellectual Property Protection (Indecopi) decided to initiate an anti-dumping investigation on imports of pure biodiesel (B100) and mixtures containing more than 50% biodiesel (B50) from the United States of America (Resolution No. 113-2009/CFD-INDECOPI, 03.07.2009).
The products subject to investigation are classified under the following HS code subheading: 3824.90.99.99. The complaint was lodged on March 26, 2009 by Industrias del Espino S.A. The investigation started on the day of the publication of the resolution in the Official Journal El Peruano, i.e. on July 12, 2009.

On November 10, 2009, the Peruvian authorities decided to impose a provisional anti-dumping duty on imports of biodiesel from the United States of America (Resolution No. 184-2009/CFD-INDECOPI, 10.11.2009).
The amount of this provisional duty is USD 212 per metric ton. This provisional anti-dumping duty entered into force on the day following the publication of the resolution in the Official Journal El Peruano, i.e. on November 16, 2009, and is applicable for a period of four months.

On June 22, 2010, the Peruvian authorities decided to impose a definitive anti-dumping duty on imports of pure biodiesel (B100) and mixtures containing more than 50% biodiesel (B50) from the United States of America (Resolution No. 116-2010/CFD-INDECOPI, 22.06.2010).
The amount of the definitive duty is USD 212 per metric ton. This definitive anti-dumping duty entered into force on the day following the publication of the resolution in the Official Journal El Peruano, i.e. on June 26, 2010.

On June 17th, 2015, the Peruvian authorities decided to initiate a sunset review of the above-mentioned anti-dumping measure imposed on imports of biodiesel from the United States of America (Resolution No. 083-2015/CFD-INDECOPI, 17.06.2015). This follows the request lodged on October 2nd, 2014 by Industrias del Espino S.A. The review started on the day of the publication of the resolution in the Official Journal El Peruano, i.e. on June 22nd, 2015. The existing anti-dumping duty remains in force during the review.

On 19 December 2016, the Peruvian authorities extended the definitive duty imposed on imports of pure biodiesel from the United States following the conclusion of the sunset review. The rate of duty is USD 212 per metric ton. The duty is in force for a period of five years.