Peru’s Indecopi Files Investigation on Possible Corn Subsidies

Publicado el 28 ene 2020

In July 2018, Indecopi’s commission for antidumping, subsidies and elimination of non-tariff trade barriers, started on its own initiative an investigation to impose countervailing duties on imports of hard yellow corn from the United States. According to said commission, the existence of subsidies substantially damaged Peru’s yellow corn production.

 

In this case, Indecopi decided to extend the period covered by the investigation to determine whether or not national production had been damaged and the subsidies granted. As a result, the case became more complex and covered both the legal and economic aspects of the investigation, as well as procedural matters, within the framework of the international trade fields managed by the WTO.

 

This case was particularly important because of the impact that potential countervailing measures could have on the import of hard yellow corn, the main raw material used in Peru’s poultry and pork industries, and said measures could have a significant impact on the final price of meat and, therefore, affect demand by Peruvian households.

 

Estudio Muñiz served as counsel to the U.S. grains council, the most important yellow corn association in the United States, and all the companies that this council in turn represents, including Cargill. Estudio Muñiz also represented Archer Daniels Midland Company, a global leader in food and animal nutrition.

 

The firm’s legal strategy was led by senior partner Pierino Stucchi, partner José Antonio Bezada, assisted by associate Raúl Alosilla and lawyer Fernando Ballon, who participated in all stages of the procedure, including oral presentations at public hearings.