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United States – Laws, Regulations and Methodology for Calculating Dumping Margins (Zeroing) – Recourse to Article 21.5 of the DSU by the European Communities – AB-2009-1 – Report of the Appellate Body – Corrigendum

World Trade
Organization WT/DS294/AB/RW/Corr.1
5 June 2009 (09-2699) Original: English

UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY
FOR CALCULATING DUMPING MARGINS (“ZEROING”)

Recourse to Article 21.5 of the DSU by the European Communities

Report of the Appellate Body

Corrigendum

On page 138, paragraph 341, the first sentence is deleted. In the second sentence, the words “Consequently, the” are deleted and replaced by “The”.

On page 139, paragraph 345, first and second lines, the phrase “no subsequent administrative review was requested by NSK after the 2000-2001 administrative review. Thus,” is deleted. The first sentence should read: “In Case 31, the cash deposit rates applied on imports from NSK after the end of the reasonable period of time were derived from the latest determination in which duties were assessed on the basis of collected cash deposits, and reflected the margin of dumping calculated with zeroing in the 2000-2001
2009/07/28WT/DS294/AB/RW/Corr.1詳細內容

World Trade
Organization WT/DS294/AB/RW
14 May 2009 (09-2362) Original: English

United States – Laws, Regulations and Methodology for Calculating Dumping Margins (“Zeroing”)

Recourse to Article 21.5 of the DSU bythe European Communities

AB-2009-1

Report of the Appellate Body

I. Introduction 1
II. Arguments of the Participants and the Third Participants 10
A. Claims of Error by the European Communities – Appellant 10
1. Panel Composition 10
2. The Panel’s Terms of Reference 12
3. The Scope of the United States’ Compliance Obligations 15
4. The Subsequent Sunset Reviews 20
5. The Non-Existence of Measures between 9 April and 23 April/31 August 2007 23
6. The Arithmetical Error in the Section 129 Determination in Case 11 23
7. The “All Others” Rates Calculated in the Section 129 Determinations in Cases 2, 4, and 5 26
8. The European Communities’ Request for a Suggestion 29
B. Arguments of
2009/06/09WT/DS294/AB/RW詳細內容

United States – Laws, Regulations and Methodology for Calculating Dumping Margins (“zeroing”) – Recourse to Article 21.5 of the DSU by the European Communities – Communication from the Appellate Body

World Trade
Organization WT/DS294/30
9 April 2009
(09-1735) Original: English

united states – laws, regulations and methodology
for calculating dumping margins (“zeroing”)

Recourse to Article 21.5 of the DSU by the European Communities

Communication from the Appellate Body

The following communication, dated 9 April 2009, from the Chairman of the Appellate Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

_______________

I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will circulate its Report no later than 60 days after the appellant has formally notified the Dispute Settlement Body of its decision to appeal. Article 17.5 states, furthermore, that when the App
2009/04/23WT/DS294/30詳細內容

United States – Laws, Regulations and Methodology for Calculating Dumping Margins (Zeroing) – Recourse to Article 21.5 of the DSU by the European Communities – Communication from the Chairman of the Panel

2008/06/16WT/DS294/27詳細內容

United States – Laws, Regulations and Methodology for Calculating Dumping Margins (”Zeroing”) – Recourse to Article 21.5 of the DSU by the European Communities – Request for Consultations

World Trade
Organization WT/DS294/22
12 July 2007
(07-2961) Original: English

united states – laws, regulations and methodology forcalculating dumping margins (“zeroing”)

Recourse to Article 21.5 of the DSU by the European Communities

Request for Consultations

The following communication, dated 9 July 2007, from the delegation of the European Communities to the delegation of the United States and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 21.5 of the DSU.

_______________

On 9 May 2006, the Dispute Settlement Body (the “DSB”) adopted the Appellate Body Report and the Panel Report, as modified by the Appellate Body, in the case WT/DS294 “United States – Laws, Regulations and Methodology for Calculating Dumping Margins (“Zeroing”)”. The resulting DSB rulings found that the United States’ administrative practice (the zeroing methodology in original investigations in which the weighted-average-to-
2007/07/30WT/DS294/22詳細內容

United States – Laws, Regulations and Methodology for Calculating Dumping Margins (zeroing) – Constitution of the Panel Established at the Request of the European Communities – Note by the Secretariat

World Trade
Organization WT/DS294/8
2 November 2004 (04-4655)

united states – laws, regulations and methodology
for calculating dumping margins (“zeroing”)

Constitution of the Panel Established at the Request of the European Communities

Note by the Secretariat

At its meeting on 19 March 2004, the Dispute Settlement Body established a Panel pursuant to the request by the European Communities in document WT/DS294/7/Rev.1, in accordance with Article 6 of the Dispute Settlement Understanding (DSU).
At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, the following:
“To examine, in the light of the relevant provisions of the covered agreements cited by the European Communities in document WT/DS294/7/Rev.1, the matter referred to the DSB by the European Communities in that document, and to make such findings as will assist the DSB in making the recommendatio
2004/12/06WT/DS294/8詳細內容

United States – Laws, Regulations and Methodology for Calculating Dumping Margins (Zeroing) – Request for Consultations by the European Communities – Addendum

2003/09/15G/ADP/D49/1/Add.1, G/L/630/Add.1, WT/DS294/1/Add.1詳細內容

United States – Laws, Regulations and Methodology for Calculating Dumping Margins (Zeroing) – Request for Consultations by the European Communities

2003/06/19G/ADP/D49/1, G/L/630, WT/DS294/1詳細內容