WTO HEARINGS ON ZEROING DISPUTE OPENED TO THE PUBLIC
At the request of the parties in the dispute “United States — Continued Existence and Application of Zeroing Methodology” (DS350), the Panel has agreed to start its meeting with the parties on 29 January 2008 with a session open to public viewing at the WTO Headquarters in Geneva. This public session is expected to start at 10.00 am on Tuesday, 29 January 2008 and the public viewing will take place via a real time closed-circuit television broadcast. The public session of the Panel meeting with the parties may continue at 3.00 pm on Wednesday, 30 January 2008, if the Panel so decides.
With respect to the third parties session which will be held on 30 January 2008 at 10.00 am, the Panel will start this session by opening a portion of it to public viewing. At this portion of the third parties session, third parties wishing to make their oral statements in a public session shall do so. Public viewing will also take place via a real time closed-circuit television broadcast.
The number of places in the viewing room reserved for the public will be allocated on a first-come first-served basis upon registration with either of the parties to the dispute i.e. the United States and the European Communities. To register via either party, please click on the links below to be directed to the websites of the United States or the European Communities. The general public to whom seats have been allocated will need to present valid identification (passport) on-site to access the meeting room. Members of the public allocated a seat are requested to arrive in good time as security checks may delay access to the viewing room.
lease note that any form of recording or filming is prohibited. As a courtesy to other participants, cell phones should be switched off during the public viewings.
The WTO cannot offer any support, including financial, for accommodation, flight arrangements and visas.
SUMMARY OF THE DISPUTE
United States — Continued Existence and Application of Zeroing Methodology
KEY FACTS OF THE DISPUTE
Short title US — Continued Zeroing
Complainant European Communities
Respondent United States
Third Parties Brazil; China; Egypt; India; Japan; Korea; Mexico; Norway; Chinese Taipei; Thailand
Request For Consultations Received 2 October 2006
Complaint by the European Communities.
On 2 October 2006, the European Communities requested consultations with the United States concerning its continued application of the “zeroing” methodology. In particular, the request for consultations concerns (i) the implementing regulation (19 CFR Section 351) of the US Department of Commerce, especially section 351.414(c)(2); and (ii) the Import Administration Antidumping Manual (1997 edition), including the computer program(s) to which it refers. The European Communities claims that, based on these regulations, the US Department of Commerce continued to apply the “zeroing” methodology in the determinations of the margin of dumping in the final results of the anti-dumping administrative reviews concerning various EC goods, and any assessment instructions issued pursuant to those final results. The European Communities considers that the relevant US regulations, zeroing methodology, practice, administrative procedures and measures for determining the dumping margin in reviews are inconsistent with:
Articles 1, 2.1, 2.4, 2.4.2, 9.1, 9.3, 9.5, 11, including Articles 11.2 and 11.3, and 18.4 of the Anti-Dumping Agreement;
Articles VI:1 and VI:2 of the GATT 1994; and Article XVI:4 of the WTO Agreement.
On 9 October 2006, the European Communities, in a further request for consultations, identified additional administrative reviews in which the US Department of Commerce applied the “zeroing” methodology in calculating the margin of dumping, and requested that those cases be added to the list.
On 10 October 2006, Japan requested to join the consultations. On 12 October 2006, Thailand requested to join the consultations. On 13 October 2006, Brazil and India requested to join the consultations. On 10 May 2007, the European Communities requested the establishment of a panel. At its meeting on 22 May 2007, the DSB deferred the establishment of a panel. At its meeting on 4 June 2007, the DSB established a panel. Chinese Taipei, India, Japan and the United States reserved their third-party rights. Subsequently, Brazil, China, Egypt, Korea, Norway and Thailand reserved their third-party rights. On 29 June 2007, the European Communities requested the Director-General to compose the Panel. On 6 July 2007, the Director-General composed the Panel.
Panels established by DSB/reports not yet circulated.
This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.
WTO: TECHNICAL ASSISTANCE
FINLAND OFFERS ‘EUR375, 000’ TO THE WTO TRAINING PROGRAMME FOR THE BENEFIT OF DEVELOPING COUNTRIES
Finland has donated CHF620,000 (EUR375,000) to the Doha Development Agenda Global Trust Fund (DDAGTF). Since 2000, Finland’s contributions have reached CHF4.9 million.
This donation will finance technical assistance programmes and training activities for least developed countries. The aim is to better adapt their practices and laws to WTO rules and disciplines, improve the implementation of their obligations and enhance the exercise of their membership rights.
WTO Director General Pascal Lamy declared “I welcome this donation which illustrates Finland’s commitment to help least developed countries integrate in the global economy and take better advantage of the multilateral trading system.”
Finland’s Ambassador, Vesa Himanen, stated “Finland has continuously contributed to efforts in assisting least developed countries to improve their trading and economic activities. This contribution is a concrete expression of Finland’s work for poverty reduction.”