Date: 2015
Type: Working Paper
It's baaaack ─ zeroing, the US Department of Commerce, and 'US-Shrimp II (Viet Nam)'
Working Paper, EUI RSCAS, 2015/67, Global Governance Programme-189, Global Economics
HARTIGAN, James C., It's baaaack ─ zeroing, the US Department of Commerce, and 'US-Shrimp II (Viet Nam)', EUI RSCAS, 2015/67, Global Governance Programme-189, Global Economics - https://hdl.handle.net/1814/37195
Retrieved from Cadmus, EUI Research Repository
In its Final Modification for Reviews the U.S. DOC announced on February 14, 2012 that it would cease the use of zeroing in the calculation of anti-dumping (AD) margins in all reviews as of April 16, 2012. However, it did not pertain to targeted dumping. In its Final Rule of April 22, 2014, it codified substantial discretion in calculating AD duties, including the use of zeroing, in targeted dumping. Thus the panel in Shrimp II erred in not finding "as such" inconsistency by the U.S. with the AD Agreement, despite this not being a targeted dumping complaint. Given the record of the U.S. in complying with zeroing petitions, it should have incurred the burden of proof, which is not satisfied by these pronouncements. Market structure should be used by panels in "as applied" inconsistency determinations. Viet Nam should have included an Art. 3 violation in its complaint.
Cadmus permanent link: https://hdl.handle.net/1814/37195
ISSN: 1028-3625
Series/Number: EUI RSCAS; 2015/67; Global Governance Programme-189; Global Economics
Other topic(s): Economic development