US Compliance with WTO Rulings on Zeroing in Anti-dumping
This paper reviews the WTO Appellate Body Reports on United States-Zeroing (EC) (Article 21.5 DSU--EC) (WT/DS294/AB/RW, 14 May 2009) and United States-Zeroing (Japan) (Article 21.5 DSU--Japan) (WT/DS322/AB/RW, 18 August 2009). The Appellate Body found that the United States had not brought its anti-dumping measures into compliance with the WTO Anti-Dumping Agreement as it continued to use zeroing in annual reviews of anti-dumping orders. We argue that this conclusion--based on a complicated discussion of what constitutes a 'measure taken to comply'--could have been reached through a much simpler and direct argument. Continued noncompliance by the United States generates costs to traders targeting the United States and the trading system more generally. We argue that from a broader WTO compliance perspective consideration should be given to stronger multilateral surveillance of anti-dumping practice by all WTO members and to more analysis and effective communication by economists regarding the costs of zeroing and anti-dumping practices more generally.
| Main Authors: | , |
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| Format: | Journal Article biblioteca |
| Language: | EN |
| Published: |
2011
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| Subjects: | Trade Policy, International Trade Organizations F130, International Law K330, |
| Online Access: | http://hdl.handle.net/10986/5846 |
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