WT/DS473/10  
 
26 May 2016  
(16-2853)  Page: 1/2  
    
 
  EUROPEAN UNION – ANTI-DUMPING MEASURES ON BIODIESEL FROM ARGENTINA 
NOTIFICATION OF AN APPEAL BY THE EUROPEAN UNION 
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES 
AND PROCEDURES GOVERNING THE SE TTLEMENT OF DISPUTES (DSU),  
AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW 
The following communication, dated 20 May 2016, from  the Delegation of the European Union, is 
being circulated to Members. 
 
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Pursuant to Article 16.4 of the DSU the European Union hereby notifies to the Dispute Settlement 
Body its decision to appeal to the Appellate Body certain issues of law covered in the Panel Report 
and certain legal interpretations developed by the Panel in the dispute European Union – 
Anti-Dumping Measures on Biodiesel from Argentina  (WT/DS473). Pursuant to Rule 20(1) of the 
Working Procedures for Appellate Review, the European Union simultaneously files this Notice of 
Appeal with the Appellate Body Secretariat. 
 For the reasons to be further elaborated in its submissions to the Appellate Body, the European Union appeals, and requests the Appellate Body to reverse the findings, conclusions and 
recommendations of the Panel, with respect to th e following errors contained in the Panel Report:
1 
 
a. the Panel erred when finding that the European Union acted inconsistently with 
Article 2.2.1.1 of the Anti-Dumping Agreemen t by "failing to calculate the cost of 
production of the product under investigation on the basis of the records kept by the producers". As a result, the European Union requests the Appellate Body to reverse  the 
Panel's findings in paragraphs 7.247, 7.248, 7.249 and 8.1(c)(i) of its Report, which are 
based on its legally erroneous reasoning in paragraphs 7.220-7.246;
2 
b. the Panel erred when finding that the European Union violated Article 2.2 of the 
Anti-Dumping Agreement and Article VI:1(b)(ii)  of the GATT 1994 by "using a "cost" that 
was not the cost prevailing "in the country of origin", namely, Argentina, in the 
construction of the normal value". As a result, the European Union requests the Appellate Body to reverse  the Panel's findings in paragraphs 7.260 and 8.1(c)(ii)  of its 
Report, which are based on its legally erroneous reasoning in paragraphs 7.255-7.259; 
                                               
1 Pursuant to Rule 20(2)(d)(iii) of the Working Proc edures for Appellate Review this Notice of Appeal 
includes an indicative list of the paragraphs of the Pa nel Report containing the alle ged errors, without prejudice 
to the ability of the European Union to refer to other paragraphs of the Panel Report in the context of its 
appeal. 
2 Only for the avoidance of doubt, we clarify that we  include in the scope of our appeal the statement in 
the second sentence of paragraph 7.296 of the Panel Report, to the effect that, supposedly, nothing in Article 2.4 provides guidance when it comes to considering how normal value and export price should be determined, including the question of whether or not a standard of reasonableness informs not just the term 
reflect but also the determination of the costs associated with production and sale. We provide this clarification 
without prejudice to our right to refer to and disagr ee with other aspects of th e Panel's reasoning in our 
submissions. 
 WT/DS473/10 
 
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  c. the Panel erred when finding that the European Union acted inconsistently with 
Article 9.3 of the Anti-Dumping Agreemen t and Article VI:2 of the GATT 1994 by 
"imposing anti-dumping duties in excess of the margin of dumping that should have been established under Article 2 of the An ti-Dumping Agreement". In view of those 
errors, the European Union requests the Appellate Body to reverse  the Panel's findings in 
paragraphs 7.367 and 8.1(c)(vii) of its Report, which are based on its legally erroneous reasoning in paragraphs 7.357- 7.366. 
 
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