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Zeroing

29 posts

Speaking of Trade Remedies and NAFTA ...

... as I was in the last post, a number of prior NAFTA Chapter 19 panels have addressed the permissibility of zeroing under U.S. law. In yesterday's panel report in LWR Pipe and Tube, the panel addressed a different question: Is the Department of Commerce allowed to stop

Zeroing in "Targeted Dumping" Situations: The Next Battleground?

Trade lawyers Bob LaFrankie and Alicia Winston write (registration required) about a recent DOC decision related to zeroing in the "targeted dumping" context: Foreign exporters and U.S. importers should take note of a recent antidumping decision that represents a significant change in the U.S. Government'

NAFTA Chapter 19 Zeroing Decision

As mentioned a little while ago, a NAFTA Chapter 19 panel recently found that zeroing violates U.S. law. Here's a brief rundown of the majority opinion, and a little bit about the dissent. The issue addressed by the panel majority was: "Whether Commerce’s Application of

Does Zeroing Violate U.S. Law?

A NAFTA Chapter 19 panel (well, the majority, anyway) says yes. An excerpt: A plain reading of the statute requires that all sales be analyzed in the dumping analysis as dumping refers to an aggregate concept. In directing the DOC to analyze aggregate amounts and compare average sales, the statute

The Shortest WTO Dispute Written Submission Ever

It's the U.S. first written submission in the U.S. - AD Measures on Carrier Bags (DS383) case, related to zeroing. It's five paragraphs long. Here's the fifth and final paragraph: 5. The United States acknowledges the accuracy of Thailand’s description of

The Unenviable Position of Rules Chair

A bracketed note in the latest Rules negotiating texts: [ZEROING: Delegations remain profoundly divided on this issue. Positions range from insistence on a total prohibition of zeroing irrespective of the comparison methodology used and in respect of all proceedings to a demand that zeroing be specifically authorized in all contexts.

Update on the Zeroing Negotiations

The Chair of the Negotiating Group on Rules has issued a new working document: http://www.wto.org/english/tratop_e/rulesneg_e/rules_may08_annexa_e.doc Of course, I skipped right to the zeroing part. Here's what the Chairman's Text (TN/RL/W/213)

Panels versus the Appellate Body: The DS344 Appeal

Some of you may recall the recent panel ruling in U.S. - Stainless Steel (Mexico) (DS344), where a panel decided not to follow the Appellate Body's "zeroing" jurisprudence, saying the following in this regard: 7.115 We respectfully disagree with the Appellate Body's

The Zeroing (DS344) Appeal

Recalling Sungjoon's much commented on post here on the panel report in U.S. - Stainless Steel (Mexico), this is from the U.S. oral statement in the appeal of that report: 5. The zeroing reports represent a long-running dispute between the Appellate Body and panels – composed primarily

ZEROING POLL

This poll is highly unscientific, but nevertheless I'm curious to see what people think! I'm going to keep it at the top for a few days to give people a chance to vote. ADDED: I realize now that I should have made more clear that I