United States - Use of Zeroing in Anti-Dumping Measures Involving Products from Korea

Abstract

On 24 November 2009, Korea requested consultations with the United States regarding their use of zeroing in three anti–dumping cases involving certain products from Korea, namely, stainless steel plate in coils, stainless steel sheet and strip in coils, and diamond sawblades and parts thereof. Korea claimed that the effect of the use of zeroing by the US Department of Commerce (USDOC) in these three cases has been either to artificially create margins of dumping where none would otherwise have been found, or to inflate margins of dumping. In its consultation request, Korea alleged that the USDOC's use of zeroing in its final determinations, amended final determinations, and anti-dumping duty orders in the three cases in question was inconsistent with the United States' obligations under Article VI of GATT 1994 and Articles 1, 2.1, 2.4, 2.4.2, and 5.8 of the Anti-Dumping Agreement. On 3 December 2009, Japan requested to join the consultations.