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Cases involving the EU

WT/DS350 - Continued Existence and Application of zeroing methodology

Last update: 30/08/2012

  • Complaint by: EU
  • Complaint against: United States
  • Third parties:
    Brazil - China - Egypt - India - Japan - Korea, Republic Of - Mexico - Norway - Taiwan (Chinese Taipei) - Thailand
Summary of case:

Use of zeroing methodologies when establishing the overall dumping margin in 4 original investigations, 33 annual reviews of the anti-dumping duty (so called administrative reviews) and 1 sunset review. The request also covers the US implementing regulation, methodology, practice, administrative procedures and measures by which the Department of Commerce applies zeroing when calculating the overall dumping margin in reviews of the anti-dumping duty. . On 2 June 2009, the US and the EU informed the DSB that they had agreed that the reasonable period of time for the US to implement the DSB recommendations and rulings would be ten months. Accordingly, the reasonable period of time expired on 19 December 2009. On 4 January 2010, the European Union and the United States notified the DSB of Agreed Procedures under Articles 21 and 22 of the DSU.

Relevant WTO provision:

Anti-Dumping Agreement: 1, 2.1, 2.4, 3, 5.8, 9.1, 9.3, 9.5, 11, 18.3, 18.4
GATT 1994: VI:1, VI:2
WTO: XVI:4 DSU Arts.6.2. and 11

Current situation:

The US removed with effect for the future the WTO-inconsistent zeroing methodology from the calculation of the anti-dumping duty (cash deposit) rates of all known affected EU exporters as set out in a Roadmap of 6 February 2012.

Consultation:

Date of request: 02/10/2006

Panel:

Date of request: 11/05/2007
Date of establishment: 04/06/2007
Date of circulation of report: 01/10/2008

Appeal:

Date of request: 06/11/2008
Date of circulation of report: 04/02/2009

Date of adoption - panel/AB report:

19/02/2009

Implementation deadline:

19/12/2009

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