Sunday, April 26, 2009
The World Trade Organization (WTO) issued a ruling on Friday in the ongoing dispute between the U.S. and other countries relating to the United States' practice of "zeroing" when calculating antidumping margins in investigations and reviews. This latest decision relates to the United States' compliance with a 2007 decision of the WTO Dispute Settlement Body (DSB) in a dispute brought by Japan. In United States-Measures relating to Zeroing and Sunset Reviews, the WTO compliance panel issued a mixed decision under Article 21.5 of the Dispute Settlement Understanding, finding that the United States had complied with the DSB's original decision in certain reviews, but had failed to comply in others, resulting in a finding of continued noncompliance by the U.S. with articles 2.4 and 9.3 of the Antidumping Agreement and article VI:2 of the General Agreement on Tariffs and Trade (GATT) 1994. The WTO panel recommended that the DSB request that the United States bring itself into compliance once again. More information, including the latest decision on compliance, can be found here.