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WT/DS350 - United States - Continued Existence and Application of zeroing methodology

WTO dispute settlement case - Launched by the EU

Country or region
  • United States
Trade topics
  • Dispute settlement
  • WTO - Case launched by the EU

Summary of the case

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

Use of zeroing methodologies when establishing the overall dumping margin in 4 original investigations, 33 annual reviews of the anti-dumping duty (so called administrative reviews) and 1 sunset review. The request also covers the US implementing regulation, methodology, practice, administrative procedures and measures by which the Department of Commerce applies zeroing when calculating the overall dumping margin in reviews of the anti-dumping duty.

On 2 June 2009, the US and the EU informed the DSB that they had agreed that the reasonable period of time for the US to implement the DSB recommendations and rulings would be ten months. Accordingly, the reasonable period of time expired on 19 December 2009. On 4 January 2010, the European Union and the United States notified the DSB of Agreed Procedures under Articles 21 and 22 of the DSU.

Relevant WTO provision: Anti-Dumping Agreement: 1, 2.1, 2.4, 3, 5.8, 9.1, 9.3, 9.5, 11, 18.3, 18.4; GATT 1994: VI:1, VI:2; WTO: XVI:4 DSU Arts.6.2. and 11


The US removed with effect for the future the WTO-inconsistent zeroing methodology from the calculation of the anti-dumping duty (cash deposit) rates of all known affected EU exporters as set out in a Roadmap of 6 February 2012.

  • Consultations requested: 02 October 2006
  • Panel requested: 11 May 2007
  • Panel established: 04 June 2007
  • Panel report circulated: 01 October 2008
  • Appeal requested: 06 November 2008
  • Appeal report circulated: 04 February 2009
  • Panel/Appellate Body report adopted: 19 February 2009
  • Implementation deadline: 19 December 2009


EU submissions and other related documents

Full case details and WTO documents on the WTO website

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