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European Union - Anti-Dumping Measures on Biodiesel from Argentina, Argentina v European Union, Appellate Body report, WT/DS473/AB/R, Report No AB-2016-4, ITL 154 (WTO 2016), 6th October 2016, Appellate Body

European Union - Anti-Dumping Measures on Biodiesel from Argentina, Argentina v European Union, Appellate Body report, WT/DS473/AB/R, Report No AB-2016-4, ITL 154 (WTO 2016), 6th October 2016, Appellate Body

Whether Article 2.2.1.1 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (‘Anti-Dumping Agreement’) allowed a World Trade Organization (WTO) member to determine that an investigated producer’s records did not ‘reasonably reflect the costs associated with the production and sale of the product under consideration’ on the basis that the price of an input was distorted by an export tax.

Whether Article 2.2 of the Anti-Dumping Agreement allowed a WTO member to replace, for the purposes of constructing normal value, the costs of inputs, which it had found to be distorted by government action in the exporting country, with undistorted costs prevailing on international markets or in a third country.

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