United States – continued existence and application of zeroing methodology: The end of zeroing?

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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.

Original languageEnglish (US)
Title of host publicationThe WTO Case Law of 2009
Subtitle of host publicationLegal and Economic Analysis
PublisherCambridge University Press
Pages45-62
Number of pages18
ISBN (Electronic)9781139034432
ISBN (Print)9781107681781
DOIs
StatePublished - Jan 1 2011

All Science Journal Classification (ASJC) codes

  • Social Sciences(all)

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    Prusa, T. J. (2011). United States – continued existence and application of zeroing methodology: The end of zeroing? In The WTO Case Law of 2009: Legal and Economic Analysis (pp. 45-62). Cambridge University Press. https://doi.org/10.1017/CBO9781139034432.004