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A Review of US Anti-dumping "Zeroing" under the WTO Frame

Author: LiJia
Tutor: LiShuangYuan
School: Hunan Normal University
Course: International Law
Keywords: US Anti-dumping Zeroing WTO Dispute Body Legality
CLC: DD912.29
Type: Master's thesis
Year: 2010
Downloads: 170
Quote: 4
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Abstract


US anti-dumping’zeroing’is a special method which is used by US Department of Commerce to calculate dumping margins in the investigation of anti-dumping. In practice, according to three different price comparisons,’zeroing’also created three different approaches, namely’model zeroing’,’simple zeroing (W-T)’,’simple zeroing (T-T)’.There is a long-standing dispute about US anti-dumping’zeroing’ The focus of dispute is whether the method runs counter to WTO rules. So far, WTO Dispute Settlement Body has accepted more than a dozen consultation and requests on US anti-dumping’zeroing’. In those cases, the panel and appellate body analyzed the legality of’zeroing’used in different process stages of US anti-dumping investigation. Although in some cases, the panel and appellate body have different opinions, the appellate body basically confirmed that US anti-dumping’zeroing’is in violation of the relevant provisions of WTO.The dissertation attempts to review the legality of US anti-dumping ’zeroing’based on a particular description of US anti-dumping ’zeroing’, and discusses the way to eliminate US anti-dumping ’zeroing’under the WTO frame.Structurally, the dissertation includes three chapters besides introduction and epilogue. In the first part, the concept, content and using process stage of US anti-dumping’zeroing’are introduced, and the operation of the method and its effect are showed by the charts.In the next part, the legality of’model zeroing’,’simple zeroing (W-T)’,’simple zeroing (T-T)’. in the stages of anti-dumping investigation and administrative is reviewed by combing and concluding points of related cases., and the conclusion that US anti-dumping ’zeroing’is not in conform with the relevant provisions of WTO is made.In the last part, the way to eliminate US anti-dumping’zeroing’ under the WTO frame is discussed.

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