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WT/DS382 - US - Anti-Dumping Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice from Brazil

WTO dispute settlement case - EU as third party

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Dispute settlement
Dispute settlement
WTO - EU as third party

Summary of the case

  • Complaint by: Brazil
  • Complaint against: United States
  • Third parties: EU, Argentina, Korea, Republic Of, Mexico, Taiwan (Chinese Taipei), Thailand

Brazil challenged certain laws, regulations, administrative procedures, practices and methodologies which involve the use of zeroing. The challenge was brought as such against the laws and methodology, and as applied in a series of US anti-dumping duty measures on imports of certain orange juice from Brazil. Brazil considered that these measures were inconsistent with a number of Anti-Dumping Agreement and GATT obligations.The Panel ruled against the use of zeroing by the US in administrative reviews, in line with existing Appellate Body case law on this issue, which has consistently found that zeroing in reviews is WTO-inconsistent since the EC-Zeroing 1 case in 2006.

Relevant WTO provision: Anti-dumping Agreement: Art. 1, 2, 9.1, 9.3, 11.2, 2.1, 18.4, 2.4, 2.4.2 ; GATT 1994: Art. VI:2, II, II:1, VI:1; WTO Agreement: Art. XVI:4


At its meeting on 17 June 2011, the DSB adopted the panel report. On 17 June 2011, Brazil and the United States notified the DSB that they had agreed that the reasonable period of time for the United States to implement the DSB recommendations and rulings shall be 9 months. Accordingly, the reasonable period of time expires on 17 March 2012.

  • Consultations requested: 27 November 2008
  • Panel requested: 20 August 2009
  • Panel established: 25 September 2009
  • Panel report circulated: 25 March 2011
  • Panel/Appellate Body report adopted: 17 June 2011
  • Implementation deadline: 17 March 2012


EU submissions and other related documents

Full case details and WTO documents on the WTO website

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