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United States – Continued Existence and Application of Zeroing Methodology: the end of Zeroing?

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  • PRUSA, THOMAS J.
  • VERMULST, EDWIN

Abstract

This is the eighth Appellate Body Report in which some aspect of zeroing was adjudicated. As in the prior cases, the AB again found the US practice inconsistent with several aspects of the Anti-Dumping Agreement. The novelty in this dispute was the EC attempt to broaden the concept of what constitutes an appealable measure. The EC challenged whether a WTO decision regarding zeroing could apply to subsequent proceedings that might modify duty levels and asked the AB to decide whether the United States' continued use of zeroing in the context of a given case was consistent with WTO obligations. The AB stated that in its attempt to bring an effective resolution to the zeroing issue, the EC is entitled to frame the subject of its challenge in such a way as to bring the ongoing use of the zeroing methodology in these cases, under the scrutiny of WTO dispute settlement. The AB then cautiously applied the new perspective to US zeroing practice.

Suggested Citation

  • 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.
    • Handle: RePEc:cup:wotrrv:v:10:y:2011:i:01:p:45-61_00
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    Citations

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    Cited by:

    1. Thomas J. Prusa, 2013. "The Use of Economics in WTO Appellate Body Decisions," EUI-RSCAS Working Papers 12, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    2. Kamal Saggi & Mark Wu, 2018. "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 Scientific Book Chapters, in: Kamal Saggi (ed.), Economic Analysis of the Rules and Regulations of the World Trade Organization, chapter 18, pages 401-432, World Scientific Publishing Co. Pte. Ltd..
    3. Huynh, Pham Duy Anh, 2022. "Non-Market Economy Status In Anti-Dumping Investigations And Proceedings: A Case Study Of Vietnam," OSF Preprints 2twmp, Center for Open Science.
    4. Tobias D. Ketterer, 2016. "EU Anti-dumping and Tariff Cuts: Trade Policy Substitution?," The World Economy, Wiley Blackwell, vol. 39(5), pages 576-596, May.
    5. McDaniel, Christine & Vermulst, Edwin, 2021. "United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China: Re-Litigating through the Backdoor?," World Trade Review, Cambridge University Press, vol. 20(4), pages 546-555, October.
    6. Huynh, Pham Duy Anh, 2023. "Non-market economy status in anti-dumping investigations and proceedings: A case study of Vietnam," OSF Preprints esw4b, Center for Open Science.
    7. Thomas J. Prusa & Edwin A. Vermulst, 2018. "United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China: Hitting Nails in the Coffin of Unfair Dumping Margin Calculation Methodologies," RSCAS Working Papers 2018/61, European University Institute.
    8. 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.
    9. Andrew D. Mitchell & Thomas J. Prusa, 2015. "China-Autos: Haven’t We Danced This Dance Before?," RSCAS Working Papers 2015/64, European University Institute.

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