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WT/DS383 - US - Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand

WTO dispute settlement case - EU as third party

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

Summary of the case

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

This dispute concerns the alleged use of "zeroing" of negative dumping margins in the United States' determination of certain margins in its anti-dumping investigation of polyethylene retail carrier bags from Thailand. The specific measures at issue are the anti-dumping duty Order and the Final Determination, as amended, leading to that Order. Thailand claimed that in the Final Determination, the U.S. Department of Commerce used the "zeroing" methodology to determine the final dumping margins for certain individually investigated Thai exporters, in violation of AD Agreement Article 2.4.2, first sentence. The US did not contest this claim.

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

Status

At the DSB meeting on 31 August 2010, the United States informed the DSB that it had implemented the DSB's recommendations and rulings. Thailand said it would continue to monitor the implementation to ensure that traders benefit fully from the recommendations and rulings.

  • Consultations requested: 26 November 2008
  • Panel requested: 09 March 2009
  • Panel established: 20 March 2009
  • Panel report circulated: 22 January 2010
  • Panel/Appellate Body report adopted: 18 February 2010
  • Implementation deadline: 18 August 2010

Documents

EU submissions and other related documents

Full case details and WTO documents on the WTO website

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