I hope everyone enjoyed a nice break from zeroing cases. But you didn't think they were gone forever, did you? There's a whole category left to deal with! This is from the DS464 consultations request, dealing with AD measures on washers:
II. THE UNITED STATES' METHODOLOGY OF "ZEROING" AS SUCH WHEN USING THE WEIGHTED AVERAGE-TO-TRANSACTION COMPARISON METHODOLOGY IN ANTIDUMPING INVESTIGATIONS, ADMINISTRATIVE REVIEWS AND OTHER SEGMENTS OF ANTI-DUMPING PROCEEDINGS
Korea wishes to consult with the United States with regard to the methodology by which, upon determining that, consistent with the second sentence of Article 2.4.2 of the Anti-Dumping Agreement, the W-T comparison methodology is appropriate, the USDOC treats some or all transactions with negative dumping margins as having margins equal to zero (i.e., applies the methodology of "zeroing") when determining weighted average dumping margins in anti-dumping investigations, administrative reviews and other segments of anti-dumping proceedings, including but not limited to the aforementioned anti-dumping proceedings pertaining to Large Residential Washers from Korea. Korea considers that, pursuant to, inter alia, the measures set forth below, application of the "zeroing" methodology to the intermediate results of comparing a weighted average normal value to the price of an individual export transaction in anti-dumping investigations, administrative reviews and other segments of anti-dumping proceedings is required in U.S. calculation of dumping margins in proceedings and segments of proceedings where the second sentence of Article 2.4.2 is applied. ...
How will all the previous WTO jurisprudence apply here? Keep in mind that we are dealing with a new provision (the second sentence of Article 2.4.2).
