6.6.09

US grounds zero

. . . is the topic of my latest Trade Tripper column in this Friday-Saturday issue of BusinessWorld. Excerpt:

"In any event, the AB in the present case found that in a number of instances 'the United States has failed to comply with recommendations and rulings of the DSB in the original proceedings.' The AB declared that 'the zeroing methodology, as applied by the United States in the administrative reviews at issue, was inconsistent with Anti-Dumping Agreement Art. 9.3 and GATT Art. VI:2, as it resulted in amounts of anti-dumping duties that exceeded the foreign producers’ or exporters’ margins of dumping.' It must be noted that under Article VI.2 of the GATT and Article 9.3 of the ADA, investigating authorities are required to ensure that the total amount of anti-dumping duties collected on the entries of a product from a given exporter shall not exceed the margin of dumping established for that exporter."