Fair price comparison in the WTO anti-dumping agreement: Recent WTO panel decisions against the "zeroing" method

Journal of World Trade

Volumn 36, Issue 1, 2002, Pages 39-56

  Kim, Jong Bum ^a  

^a DUKE UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

TRADE AGREEMENT; WORLD TRADE ORGANIZATION;

EID: 23044533522     PISSN: 10116702     EISSN: None     Source Type: Journal    
DOI: 10.1023/A:1014599331206     Document Type: Review

References (94)

1. Jacob Viner used the terni "spurious dumping" as a fictitious appearance of dumping resulting from, e.g. the foreign buyer giving larger orders than domestic buyers did. See Jacob Viner, Dumping: A Problem in International Trade, Reprints of Economic Classics (A.M. Kelley, New York, 1966), p. 9.
2. The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade ("Tokyo Round Anti-dumping Code"), 170 GATT BISD, 26 Supplement (1980). This code results from the Tokyo Round of Multilateral Negotiations.
3. The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("WTO Anti-dumping Agreement"), Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations.
4. The Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations was signed in Marrakesh, Morocco, on 15 April 1994 after seven and one-half years of negotiations.
5. WTO Document, WT/DS141/R.
6. WTO Document, WT/DS179/R, 22 December 2000. Two separate investigations were under dispute: the investigations on imports of stainless steel plate in coils ("Plate") and on imports of stainless steel sheet and strip in coils ("Sheet").
7. As note 3, above.
8. As note 3, above, Article 2.1.
9. As note 2, above.
10. See N. David Palmeter, "The Antidumping Law: A Legal and Administrative Nontariff Barrier", in Richard Botluck and Robert E. Litan (eds), Down in the Dumps: Administration of the Unfair Trade Laws (Brookings Institution, Washington, D.C., 1991), p. 85.
11. Korea was the first country to press for the inclusion of anti-dumping rules in the Uruguay Round as Korean products had been increasingly subjected to antidumping cases brought by EC and the US. See Gary N. Horlick and Eleanor C. Shea, The World Trade Organization Antidumping Agreement, 29 J.W.T. 1, February 1995, at p. 7.
12. Submission by the Nordic Countries, MTN.GNG/NG8/W/64, 22 December 1989, at p. 5.
13. Submission by the Nordic Countries, 1989, at p. 5. Id.
14. Drafting Proposals of the Nordic Countries Regarding Amendments of the Anti-dumping Code, MTN.GNG/NG8/ W/76, 11 April 1990, at p. 3.
15. Drafting Proposals of the Nordic Countries Regarding Amendments of the Anti-dumping Code, 1990, p. 3. Id.
16. Submission of Japan on the Amendments to the Anti-dumping Code, MTN.GNG/NG8/W/48, 3 August 1989, at p. 5.
17. Communication from Japan Concerning the Anti-dumping Code, MTN.GNG/NG8/W/81, 9 July 1990, at p. 2.
18. Report of the Acting Chairman of the Informal Group on Anti-dumping, MTN.GNG/NG8/W/83/Add5, 23 July 1990, at p. 90.
19. Principles and Purposes of Anti-dumping Provisions - Communication from the Delegation of Hong Kong, MTN.GNG/NG8/W/46, 3 July 1989, at p. 7.
20. Principles and Purposes of Anti-dumping Provisions - Communication from the Delegation of Hong Kong, 1989, p. 7. Id.
21. Amendments to the Anti-dumping Code - Communication from the Delegation of Hong Kong, MTN.GNG/NG8/W/51/Add.1, 22 December 1989, at p. 3.
22. Amendments to the Anti-dumping Code - Communication from the Delegation of Hong Kong-Addendum, MTN.GNG/NG8/W/51/Add.2, at p. 2.
23. Horlick and Shea, supra, footnote 11, at p. 12.
24. Horlick and Shea, supra, Ibid., at p. 13.
25. Supra, footnote 18.
26. Supra, Ibid., at p. 8.
27. As note 23, above, at p. 14.
28. Draft Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, GATT Document MTN. TNC/W/FA, 20 December 1991.
29. Ibid., at Article 2.4.2.
30. Report of the Panel adopted by the Committee on Anti-Dumping Practices on 27 April 1994, GATT Document ADP87, 30 November 1992, at para. 474.
31. Ibid., at para 475.
32. Ibid.
33. Ibid., at para. 476.
34. Ibid.
35. Ibid., at para. 481.
36. Ibid.
37. Ibid., at para. 482.
38. Ibid., at para. 484.
39. EC - Anti-dumping Duties on Audio Tapes in Cassettes Originating in Japan, GATT Document (unadopted), ADP/136/Corr.1, 8 June 1995, at para. 115.
40. Ibid., at paras 125, 126.
41. Ibid., at para. 118.
42. Ibid.
43. Ibid.
44. Ibid., at para. 119.
45. Ibid., at para. 128.
46. Ibid., at para. 350.
47. Ibid.
48. Ibid., at para. 352.
49. Ibid., at para. 354.
50. Ibid.
51. Ibid.
52. Ibid., at para. 355.
53. Ibid.
54. Ibid.
55. Ibid., at para. 358.
56. Ibid.
57. Ibid.
58. Ibid., at para. 336.
59. Horlick and Clarke argue that the burden of proof laid on the complainant cannot be met as the defendant had all the facts. See Gary N. Horlick and Peggy A. Clarke, "Standard for Panels Reviewing Anti-dumping Determinations under the GATT and WTO", in Ernst-Ulrich Petersmann (ed.), International Trade Law and the GATT/WTO Dispute Settlement System (Kluwer Law International, London, 1997), at pp. 321-322.
60. Ibid., at para. 360.
61. Ibid.
62. Ibid.
63. GATT Document (adopted on 30 October 1995) ADP/137, 4 July 1995, at para. 486.
64. Brazil described that during the first three months of 1989, the Brazilian currency was frozen at 1 Cr$ to 1 US$. The freeze had been lifted in March 1989 and the Cr$ had depreciated. As note 63, above, at para. 485.
65. As note 63, above, at para. 485.
66. Ibid., at para. 501.
67. WTO Document, WT/DS141/R, 30 October 2000.
68. Ibid., at para. 6.102.
69. Ibid., at para. 6.104.
70. Ibid., Article 2.4.2.
71. As note 67, above, Article 6.115.
72. Ibid., Article 6.105.
73. Ibid., above, Article 6.115.
74. Ibid.
75. As note 39, above, at para. 360.
76. As note 3, above.
77. As note 6, above.
78. Ibid., at para. 6.105.
79. United States - Anti-dumping Measures on Stainless Stainless Plate in Coils and Stainless Steel Sheet and Strip from Korea, Request for the Establishment of it Panel by Korea, WT/DS179/2, 15 October 1999.
80. As note 6, above, at para. 6.105.
81. As note 79, above.
82. As note 6, above, at para. 6.108.
83. Ibid., at para. 6.112.
84. Ibid., at para. 6.115.
85. Ibid., at para. 6.120.
86. Ibid., at para. 6.123.
87. Ibid., above, at para. 6.113.
88. As note 68, above, at para. 6.117.
89. Ibid., above, at para. 6.104.
90. If a weighted average of a sample is used to estimate an unknown population parameter, the confidence interval of the unknown parameter shrinks as the sample size becomes bigger. In other words, the probability that the parameter is within the estimate becomes greater. See Donald L. Harnett, Introduction to Statistical Methods, Second Edition (Addisori-Wesley, Reading, MA, 1975), at p. 247.
91. See text to note 76, above.
92. As note 6, above, at footnote 127 of para. 6.123.
93. See text to note 86, above.
94. In the absence of zeroing, the recombination based on a numerical average with weights corresponding to the volume of sales in each period would lead to the final dumping margin that would be approximately identical to the margin calculated without splitting the period of investigation.