ITA Again Delays Effective Date for End of "Zeroing" in Certain AD Duty Investigations (Now Effective February 22, 2007)
The International Trade Administration (ITA) has issued a notice announcing that it is again delaying the effective date for which it will no longer make average-to-average comparisons in investigations without providing offsets for non-dumped comparisons ("zeroing") in its calculation of the weighted-average dumping margin in antidumping (AD) investigations to February 22, 2007 (from January 23, 2007).
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The ITA states that it is delaying the effective date after further consultations with Congress and in order to afford adequate time for review.
(The ITA previously explained that in October 2005, a World Trade Organization (WTO) dispute settlement panel found, among other things, that the ITA's denial of offsets when using the average-to-average comparison methodology in certain AD investigations challenged by the European Communities was inconsistent with Article 2.4.2 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Antidumping Agreement). The ITA noted that the U.S. did not appeal this aspect of the panel's report.)
ITA to Eliminate "Zeroing" in Current, Future, and Pending Average-to-Average AD Investigations as of February 22, 2007
The ITA states that it will eliminate "zeroing" in its calculation of weighted-average dumping margins in all current and future average-to-average AD investigations as of February 22, 2007, as well as to all AD investigations pending before the ITA as of February 22, 2007.
(See ITT's Online Archives or 01/18/07 news, 07011825, for the ITA's earlier extension of the effective date. See ITT's Online Archives or 01/08/07 news, 07010825, for BP summary of the ITA's original announcement of the end of the use of "zeroing.")
ITA Contact - Mark Barnett (202) 482-2866
ITA notice (FR Pub 01/26/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-1276.pdf