By Resolution No. 047-2026\/CDB-INDECOPI, INDECOPI\u2019s Commission on Dumping, Subsidies and the Elimination of Non-Tariff Trade Barriers ordered the initiation of an expiry review (\u201csunset review\u201d) of the anti-dumping duties currently in force on imports of biodiesel (B100) originating in the Argentine Republic.<\/p>\n
The measure was adopted at the request of Heaven Petroleum Operators S.A. and Axxion Green Energy S.A., which sought the review so that the anti-dumping duties\u2014imposed in 2016 and extended in 2021\u2014remain in force, given the risk that dumping and injury to domestic production could continue or recur.<\/p>\n
In the initial review stage, the Commission verified that the request meets the requirements set forth in the applicable regulations, including the WTO Anti-Dumping Agreement and the Anti-Dumping Regulations, as well as the standing of the requesting companies to act on behalf of the domestic industry.<\/p>\n
The forward-looking analysis, covering the period from January 2021 to June 2025, identified reasonable indications that, if the anti-dumping duties were removed, imports of Argentine biodiesel could resume under dumping conditions. Key elements considered include Argentina\u2019s high export capacity and its position as one of the world\u2019s leading producers, which far exceeds the size of the Peruvian market.<\/p>\n
It was also observed that Argentine exporters apply price differentiation strategies across different markets, which could facilitate the entry of biodiesel into Peru at lower prices. In addition, authorities in other countries, such as the United States, have maintained anti-dumping measures on this product, indicating that Argentine exporting companies of the product subject to the request have engaged in dumping practices in their biodiesel exports to that market.<\/p>\n
As regards injury, it was determined that domestic producers are in a vulnerable position, with mixed economic and financial indicators and negative profitability margins for much of the period analyzed. In addition, it was estimated that, if the measures currently in force were removed, Argentine biodiesel could enter the Peruvian market at prices lower than both the domestic selling price and domestic production cost, thereby undermining the competitiveness of the local industry.<\/p>\n
In this context, the Commission concluded that there are reasonable indications that dumping and injury could continue or recur if the measures currently in force are removed; therefore, the expiry review proceeding should be initiated. It was also ordered that the anti-dumping duties remain in force during the course of the proceeding.<\/p>\n
Accordingly, this Resolution orders the initiation of the expiry review (sunset review) proceeding to determine whether to maintain or revoke the anti-dumping duties currently in force on imports of biodiesel (B100) originating in the Argentine Republic.<\/p>\n