United States Use Of Zeroing Violates WTO Obligations

Law360, New York (October 17, 2006, 12:00 AM EDT) -- A series of defeats in the WTO dispute settlement arena are causing the United States to revise the methodology it uses to determine whether a foreign exporter is dumping.

The WTO Appellate Body has issued three separate decisions where it found that the use of zeroing to calculate dumping margins violates the United States’ obligations under the WTO Agreement.

In previous rulings, the WTO has found the Department of Commerce’s (DOC) use of zeroing when comparing weighted averages to weighted averages in an investigation, and when...
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