USTR Seeks Comments on WTO Dispute Over Use of "Zeroing" in AD Duty Determination for Certain Softwood Lumber Products from Canada
The Office of the U.S. Trade Representative (USTR) has issued a notice stating that a World Trade Organization (WTO) dispute settlement panel (DSP) has been established at the request of Canada to examine whether the U.S. has implemented the recommendations and rulings of the WTO's Dispute Settlement Body (DSB) in a dispute involving the International Trade Administration's (ITA's) antidumping (AD) duty determination for certain softwood lumber products from Canada.
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The USTR is requesting written comments by July 22, 2005 for this dispute.
(The USTR notes that China, the European Communities (EC), India, Japan, and New Zealand have indicated their interest to participate in this dispute as third parties.)
Canada Alleges ITA Failed to Implement Recommendations By Using "Zeroing"
According to the USTR, Canada alleges that the ITA failed to implement the DSB's recommendations and rulings by using the "zeroing" methodology in aggregating levels of dumping determined on a transaction-to-transaction basis.
Specifically, Canada alleges that the ITA's May 2, 2005 Section 129 determination and May 22, 2002 amended final affirmative AD duty determination are inconsistent with the U.S.' obligations under certain WTO agreements.
(See ITT's Online Archives or 05/03/05 news, 05050315, for BP summary of the ITA's Section 129 determination. See ITT's Online Archives or 05/22/02 news, 02052217, for BP summary of the ITA's amended final affirmative AD duty determination and issuance of the AD duty order, etc.
See ITT's Online Archives or 06/10/05 and 01/14/05 news, 05061030 and 05011430, for BP summaries of the most recent WTO disputes on the U.S.' use of "zeroing," which are with Japan and Thailand, respectively.)
USTR contact - Theodore Posner (202) 395-3150
USTR notice (D/N WTO/DS-264, FR Pub 06/24/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-12483.pdf