Skip to main content
Trade

WT/DS322 - Measures Relating to Zeroing and Sunset Reviews

WTO dispute settlement case - EU as third party

Country or region
JapanUnited States
Trade topics
Dispute settlement
Dispute settlement
WTO - EU as third party

Summary of the case

  • Complaint by: Japan
  • Complaint against: United States
  • Third parties: EU, China, Hong Kong, India, Korea, Republic Of, Mexico, Norway, Taiwan (Chinese Taipei), Thailand

Zeroing is a calculation methodology of the dumping margin that was condemned in the dispute EC - Bedlinen. It results in inflating the dumping margins or even in finding dumping where non would have been found absent zeroing. The US uses the zeroing methodology to calculate the dumping margins in all investigations.

Relevant WTO provision: GATT(VI:I, VI:2), Anti-dumping Agreement (1, 2.1, 2.4.2, 3, 5.8, 6.1, 6.2, 9, 11, 18.3, 18.4); Marrakesh Agreement (XVI:4)

Status

On 23 April 2010, Japan requested the resumption of the arbitration proceedings pursuant to Article 22.6 of the DSU. On 26 April 2010, the EU requested to participate in these proceedings as a third party. On 10 December 2010 the Japan and the US made a joint request to the Art 22.6 DSU arbitration panel in this dispute to suspend the arbitration proceedings, which was accepted by the arbitrator on 13 December 2010.

  • Consultations requested: 24 November 2004
  • Panel requested: 04 February 2005
  • Panel established: 15 April 2005
  • Panel report circulated: 20 September 2006
  • Appeal requested: 11 October 2006
  • Appeal report circulated: 09 January 2007
  • Panel/Appellate Body report adopted: 23 January 2007
  • Implementation deadline: 24 December 2007
  • Recourse to Articles:
    • 18 January 2008 - Recourse to Art. 22. Recourse to Art. 22 - US
    • 10 January 2008 - Recourse to Art. 22. Recourse to Art. 22 - Japan
    • 07 April 2007 - Recourse to Art. 21.5.

Documents

EU submissions and other related documents

Full case details and WTO documents on the WTO website

Latest news

  • News article

WTO rules on renewable energy dispute

In a ruling published on 5 March 2024, the World Trade Organization (WTO) upheld the EU’s ability to take environmental and climate-based action under the Renewable Energy Directive (‘RED II’).

  • Press release

EU wins WTO compliance action against US in ripe olives dispute

The World Trade Organization (WTO) has today confirmed that the EU was right to challenge the US for not complying with a ruling relating to ripe olives from Spain. Today's WTO panel report presents again a clear and full win for the EU.

Latest events