Title of article :
A One-Two Punch on Zeroing: US–Zeroing (EC) and US–Zeroing (Japan)
Author/Authors :
Thomas J. Prusa، نويسنده , , EDWIN VERMULST، نويسنده ,
Issue Information :
روزنامه با شماره پیاپی سال 2009
Pages :
55
From page :
187
To page :
241
Abstract :
This paper examines issues that came before the Appellate Body in two disputes, US-Zeroing (EC) and the US-Zeroing (Japan). The core issue in both the disputes involves the US Department of Commerceʹs practice of zeroing. The scope of the claims in both cases was considerably broader than in the previous WTO disputes involving zeroing. The two arguments in support of the practice were that (a) the practice of zeroing has been a standard administrative practice for many years and (b) the Antidumping Agreement does not clearly prohibit it and hence deference must be given to national authorities. While, the Appellate Body was arguably correct in prohibiting the use of zeroing under the main methods of Article 2.4.2 AD Agreement as well as in various reviews, we consider that it overreached in considering zeroing to be in violation of Article 2.4 AD Agreement and possibly as inconsistent with Article 2.4.2, exceptional method. Finally, while the AB found zeroing in reviews violated Article 2.4.2 AD Agreement, we believe it would have been preferable for the AB to have limited its findings of inconsistency to Article 9.3 AD Agreement.
Journal title :
World Trade Review
Serial Year :
2009
Journal title :
World Trade Review
Record number :
661909
Link To Document :
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