In a submission from June 1, the U.S. made its case in the Negotiating Group on Rules for amending WTO rules to allow "zeroing":
... the Appellate Body reports are contrary to what many have long understood to be consistent with the text of the AD Agreement. The fact that three panels, composed of experienced anti-dumping practitioners, administrators, and negotiators, came to conclusions different from those reached by the Appellate Body demonstrates that this issue has not been resolved in any genuine sense and underscores the reality that there remain fundamental differences among Members as to the proper interpretation and operation of the AD Agreement and the underlying concept of dumping.
...
The Negotiating Group on Rules needs to evaluate openly the panel and Appellate Body reports and understand as clearly as possible the reasoning adopted, whether we agree with it or not, and what that reasoning means for different aspects of the AD Agreement as well as for the different systems recognized by the AD Agreement as legitimately operating within its rules. As negotiators responsible for clarifying and improving the provisions of the AD Agreement, it behoves us to evaluate the panel and Appellate Body reasoning and its implications and, to the extent that there is a lack of clarity with respect to the proper interpretation of the text and the proper operation of anti-dumping systems, to resolve these issues with clear, precise text. To this end, it is the view of the United States that the proper resolution of this issue requires clear text providing that margins of dumping may be determined without offsets for non-dumped transactions, consistent with the long-held concept of dumping. ...
Getting more specific, the U.S. just today proposed some specific language amending the AD Agreement in this regard (the language to be added to the existing text is underlined):
Proposed Text – Antidumping Agreement
2.4 A fair comparison shall be made between the export price and the normal value as follows. This comparison shall be made at the same level of trade, normally at the ex factory level, and in respect of sales made at as nearly as possible the same time. Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affect price comparability. In the cases referred to in paragraph 3, allowances for costs, including duties and taxes, incurred between importation and resale, and for profits accruing, should also be made. If in these cases price comparability has been affected, the authorities shall establish the normal value at a level of trade equivalent to the level of trade of the constructed export price, or shall make due allowance as warranted under this paragraph. The authorities shall indicate to the parties in question what information is necessary to ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties.
*****
2.4.3 When aggregating the results of comparisons of normal value and export price to determine any margin of dumping, whether in an investigation pursuant to paragraph 4.2 or for any other purpose (including determinations pursuant to Articles 9 or 11), authorities are not required to offset the results of any comparison in which the export price is greater than the normal value against the results of any comparison in which the normal value is greater than the export price.
*****
9.3 The amount of the anti dumping duty shall not exceed the margin of dumping as established under Article 2. For purposes of this provision, in determining whether the amount of the anti-dumping duty exceeds the margin of dumping, the authorities may calculate the margin of dumping on the basis of an individual export transaction or multiple export transactions. The authorities are not required to offset the results of a comparison for any transaction for which the export price is greater than the normal value against the results of a comparison for any transaction for which the export price is less than the normal value.
