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DISPUTE SETTLEMENT: DISPUTE DS383

United States — Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand

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Summary up-to-date at

Consultations requested — no panel established nor settlement notified

Complaint by Thailand. 

On 26 November 2008, Thailand requested consultations with the United States with respect to the application by the United States of the practice known as “zeroing” of negative dumping margins in the United States' determination of the margins of dumping in its anti-dumping investigation of Polyethylene Retail Carrier Bags from Thailand.

Specifically, Thailand requests consultations concerning the USDOC's use in the Final Determination and Amended Final Determination of the practice of “zeroing” negative anti-dumping margins in calculating overall weighted-average margins of dumping in this investigation. Thailand alleges that the effect of this practice was to create artificially margins of dumping where none would otherwise have been found or, at a minimum, to inflate margins of dumping. Thailand considers the USDOC's use of this practice of “zeroing” in the Final Determination, the Amended Final Determination, and the Order to be inconsistent with the obligations of the United States under Article VI of the GATT 1994, and, in particular, under Article 2.4.2 of the Anti-Dumping Agreement.

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