Thursday, March 5, 2009

WTO Opens Hearing on Zeroing Dispute to Public

The World Trade Organization (WTO) has decided to open its March 23-24, 2009 oral hearing to Members of the WTO and the general public via simultaneous closed-circuit broadcast to a separate viewing room.  This decision was made at the request of the parties in the case of United States - Law, Regulations and Methodology in Calculating Dumping Margins ("Zeroing")-Recourse to Article 21.5 of the DSU by the European Communities.  The hearing will be held at the WTO headquarters in Geneva, Switzerland and seating is on a first come, first serve basis.

By way of background, the EC requested consulations with the United States in 2003 with respect to the EC's allegations that the United States' practice of zeroing when calculating dumping margins was not consistent with GATT 1994 and the Anti-Dumping Agreement.  The EC obtained a favorable decision from the WTO Appellate Body in April 2006, but does not believe the United States has taken adequate measures to implement that decision within a reasonable time period.  The purpose of the Article 21.5 hearing is to consider compliance issues.  The issue of zeroing has been raised in multiple trade disputes and several Members of the WTO have participated in the dispute as interested third parties.


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