DS: United States — Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand
This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.
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(as cited in request for consultations)
|Request for Consultations received:|
|Panel Report circulated:||22 January 2010|
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Summary of the dispute to date
The summary below was up-to-date at
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.
Panel and Appellate Body proceedings
On 9 March 2009, Thailand requested the establishment of a panel. At its meeting on 20 March 2009, the DSB established a panel. Argentina, the European Communities, Japan and Chinese Taipei reserved their third-party rights. Subsequently, Korea reserved its third-party rights. On 20 August 2009, the panel was composed.
On 22 January 2010, the panel report was circulated to Members. The Panel found that the United States acted inconsistently with Article 2.4.2, first sentence, of the Anti-Dumping Agreement by using “zeroing” in the Final Determination, as amended, and the Order to determine the dumping margins for individually investigated Thai exporters whose margins of dumping were not based on total facts available.
The panel recommended that the DSB request the United States to bring its measures into conformity with its obligations under the Anti-Dumping Agreement.
On 18 February 2010, the DSB adopted the panel report.
Implementation of adopted reports
At its meeting on 19 March 2010, the United States informed the DSB that it intended to implement the DSB recommendations and rulings in this case and that it would need a reasonable period of time to do so. On 31 March 2010, Thailand and the United States informed the DSB that they had agreed that the reasonable period of time shall be six months, expiring on 18 August 2010. 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.
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