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It’s baaaack— zeroing, the US Department of Commerce, and US — Shrimp II (Viet Nam)

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  • James C. Hartigan

Abstract

In its Final Modification for Reviews the U.S. DOC announced on February 14, 2012 that it would cease the use of zeroing in the calculation of anti-dumping (AD) margins in all reviews as of April 16, 2012. However, it did not pertain to targeted dumping. In its Final Rule of April 22, 2014, it codified substantial discretion in calculating AD duties, including the use of zeroing, in targeted dumping. Thus the panel in Shrimp II erred in not finding “as such” inconsistency by the U.S. with the AD Agreement, despite this not being a targeted dumping complaint. Given the record of the U.S. in complying with zeroing petitions, it should have incurred the burden of proof, which is not satisfied by these pronouncements. Market structure should be used by panels in “as applied” inconsistency determinations. Viet Nam should have included an Art. 3 violation in its complaint.

Suggested Citation

  • James C. Hartigan, 2015. "It’s baaaack— zeroing, the US Department of Commerce, and US — Shrimp II (Viet Nam)," RSCAS Working Papers 2015/67, European University Institute.
    • Handle: RePEc:rsc:rsceui:2015/67
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    References listed on IDEAS

    as
    1. James C. Hartigan, 1996. "Predatory Dumping," Canadian Journal of Economics, Canadian Economics Association, vol. 29(1), pages 228-239, February.
    2. Broude, Tomer & Moore, Michael, 2013. "US – Anti-Dumping Measures on Certain Shrimp from Viet Nam: A Stir-Fry of Seafood, Statistics, and Lacunae," World Trade Review, Cambridge University Press, vol. 12(2), pages 433-462, April.
    3. James C. Hartigan, 2015. "Did the Agreement on Safeguards Nullify their Use?," Global Economy Journal (GEJ), World Scientific Publishing Co. Pte. Ltd., vol. 15(1), pages 155-172, March.
    4. Sykes, Alan O., 2006. "The WTO Agreement on Safeguards: A Commentary," OUP Catalogue, Oxford University Press, number 9780199277407.
    5. James C. Hartigan, 2000. "Is the GATT/WTO Biased Against Agricultural Products in Unfair International Trade Investigations?," Review of International Economics, Wiley Blackwell, vol. 8(4), pages 634-646, November.
    6. Staiger, Robert W. & Wolak, Frank A., 1992. "The effect of domestic antidumping law in the presence of foreign monopoly," Journal of International Economics, Elsevier, vol. 32(3-4), pages 265-287, May.
    7. Bagwell, Kyle & Staiger, Robert W., 1989. "The role of export subsidies when product quality is unknown," Journal of International Economics, Elsevier, vol. 27(1-2), pages 69-89, August.
    8. Prusa, Thomas J. & Vermulst, Edwin, 2011. "United States – Continued Existence and Application of Zeroing Methodology: the end of Zeroing?," World Trade Review, Cambridge University Press, vol. 10(1), pages 45-61, January.
    9. Ahn, Dukgeun & Messerlin, Patrick, 2014. "United States – Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China: never ending zeroing in the WTO?," World Trade Review, Cambridge University Press, vol. 13(2), pages 267-279, April.
    10. Hartigan, James C, 2000. "Is the GATT/WTO Biased against Agricultural Products in Unfair International Trade Investigations?," Review of International Economics, Wiley Blackwell, vol. 8(4), pages 634-646, November.
    11. Saggi, Kamal & Wu, Mark, 2013. "Yet Another Nail in the Coffin of Zeroing: United States – Anti-Dumping Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice from Brazil," World Trade Review, Cambridge University Press, vol. 12(2), pages 377-408, April.
    12. James C. Hartigan & Hylke Vandenbussche, 2013. "Disfavored Nations: Anti-Dumping at the WTO," Review of Development Economics, Wiley Blackwell, vol. 17(1), pages 105-116, February.
    13. Prusa, Thomas J. & Rubini, Luca, 2013. "United States – Use of Zeroing in Anti-Dumping Measures Involving Products from Korea: It's déjà vu all over again," World Trade Review, Cambridge University Press, vol. 12(2), pages 409-425, April.
    14. Hartigan, James C., 1994. "Dumping and signaling," Journal of Economic Behavior & Organization, Elsevier, vol. 23(1), pages 69-81, January.
    15. Bown, Chad P. & Sykes, Alan O., 2008. "The Zeroing Issue: a critical analysis of Softwood V," World Trade Review, Cambridge University Press, vol. 7(1), pages 121-142, January.
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    Keywords

    Zeroing; Anti-Dumping; Targeted Dumping; Final Modification/ Final Rule; Non-Market Entity;
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