Peru fails again against Argentina in the application of a tariff fence on biodiesel

Peru fails again against Argentina in the application of a tariff fence on biodiesel

Confirmation in the second instance. In Argentina, biodiesel, one of the cornerstone components for diesel production, is subsidized. Since 2016, Peru has tried to limit its income – with prices well below market cost – to prevent it from undermining the local industry.

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The Court for the Defense of Competition and Intellectual Property of Indecopi confirmed Resolution No. 265-2021/CDB-INDECOPI, through which the validity of the compensatory duties imposed by Resolution No. 011-2016/CDB-INDECOPI was extended. on imports of biodiesel (B100) originating in Argentina, which go until 2026.

According to Resolution No. 0183-2023/SDC-INDECOPI, file 015-2020/CDB, the questioning against the application of a tariff fence against Argentine biodiesel entering Peru was raised by the Argentine Chamber of Biofuels (Carbio ), the company Heaven Petroleum Operators SA, Industrias del Pino SA, and the Government of the Republic of Argentina.

In January 2016, the Indecopi Commission on Dumping, Subsidies and Elimination of Non-Tariff Trade Barriers, under the provisions of the Agreement on Subsidies and Countervailing Measures (hereinafter the SCM Agreement), imposed definitive countervailing duties on imports of B100 biodiesel originating in the Argentine Republic for a period of 5 years. The measure was ratified on January 29, 2021.

The Court agrees that the subsidy implemented by the Argentine government – which motivated the application of the countervailing duties under examination – had its origin in Law 26,093 of April 19, 2006, which established the promotion regime for the production and use sustainable biofuels (among which is biodiesel). Said regime had an extension, in principle, of 15 years, counted from its approval33.

“During the analysis period (January 2014 – June 2020), biodiesel production in Argentina amounted to an average of 2 million 175.3 thousand tons. To meet its internal demand, an amount that represented an average of 44.9% of the entirety of the aforementioned production,” Indecopi specified. .

Likewise, it is noted that the free capacity available for the production of biodiesel in Argentina represented on average more than 8 times the Peruvian demand for biodiesel and more than 12 times the total volume of biodiesel imports made in Peru44.

ABOUT THE AUTHOR:

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Written and digital press journalist, graduated from the Federico Villarreal National University (UNFV). Currently, in La República, where he writes about economics, with emphasis on hydrocarbons, mining and social conflict.

Source: Larepublica

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