May 13, 2021

The US Justice rules that Trump’s tariffs on Spanish black olives are illegal



The International Court of American Commerce concludes that the criterion applied is not legal

The US International Court of Commerce has contradicted the decision of the Department of Commerce of this country to impose 35% tariffs on imports of black table olives from Spain, in effect since August 2018, according to a judicial document published on its website. This court, based in New York, recalled in a document issued last Friday that the Association of Exporters and Industrialists of Table Olives; Guadalquivir olives; Agro Sevilla Olives and Angel Camacho Food filed a lawsuit against the US Government for introducing those charges. The judicial document explains that the case deals with the claims of the US domestic olive industry that the governments of the European Union (EU) and Spain “have unfairly subsidized” the Spanish sector, which exported its products to US territory “in detriment of the US industrialist ”However, the court considers that the criteria applied by the US Department of Commerce it is “an arbitrary deviation from past practices and therefore does not agree with the law ”and gives a period of 90 days to provide documents. In 2018, the US Department of Commerce imposed tariffs on Spanish black olives of 34.75%, of which 20% corresponded to the “anti-dumping” procedure and the remaining 14.75% to subsidies.

The Spanish Association of Exporters and Industrialists of Table Olives (Asemesa) has expressed on Monday in a statement its satisfaction with the ruling that says it is “a message of hope for the sector.” “This decision of the North American Justice could lower the tariffs of 35 to 20%”, according to the Secretary General of Asemesa, Antonio de Mora, who points out that it is a “very important support for the process opened by the EU before the WTO”. Now we are waiting for the decision of the Trade Organization (WTO) on the legality or not of the US decision. The Dispute Settlement Body of the WTO agreed last June, at the request of the EU, the establishment of a panel to investigate countervailing and anti-dumping measures imposed in 2018 by the US on black olives from Spain

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