Panel Reports

On 2 October 2006, the European Communities requested consultations with the United States concerning its continued application of the “zeroing” methodology. In particular, the request for consultations concerns (i) the implementing regulation (19 CFR Section 351) of the US Department of Commerce, especially section 351.414(c)(2); and (ii) the Import Administration Antidumping Manual (1997 edition), including the computer program(s) to which it refers. The European Communities claims that, based on these regulations, the US Department of Commerce continued to apply the “zeroing” methodology in the determinations of the margin of dumping in the final results of the anti-dumping administrative reviews concerning various EC goods, and any assessment instructions issued pursuant to those final results.

On 24 April 2006, Thailand requested consultations with the United States concerning anti-dumping measures on imports of frozen warmwater shrimp. Thailand requests consultations on the United States’ application in the Preliminary, Final and Amended Final Determinations of the practice known as “zeroing” negative dumping margins, the effect of which was to artificially create margins of dumping, and the consequent imposition of definitive anti-dumping measures on imports of certain frozen warmwater shrimp from Thailand.

On 8 November 2004, the European Communities filed a request for consultations with the United States asserting that the United States should have removed its retaliatory measures since the EC has removed the measures found to be WTO-inconsistent in the EC — Hormones case.

On 26 May 2006, Mexico requested consultations with the United States concerning a series of final anti-dumping determinations by the US Department of Commerce concerning imports of stainless steel sheet and strip in coils from Mexico for the period between January 1999 and June 2004. It also addresses: (i) certain sections of the US Tariff Act of 1930, as amended; (ii) the Statement of Administrative Action that accompanied the Uruguay Round Agreements; (iii) specific sections of the US Department of Commerce’s regulations codified at Title 19 of the US Code of Federal Regulations; (iv) the 1997 edition of the Import Administration Antidumping Manual; and (v) the methodology employed by the US Department of Commerce to determine the overall margin of dumping for the product subject to the original investigation and administrative reviews, whereby the Department disregarded (“zeroed”) negative dumping margins.

On 14 March 2006, Korea requested consultations with Japan concerning countervailing duties imposed by Japan on certain Dynamic Random Access Memories (DRAMs) from Korea. According to Korea, notice of the imposition of such duties was provided by Japan in Cabinet Order No. 13 and Finance Notice 35, published respectively in Issue No. 4264 and Special Issue No. 17 of the Official Gazette dated 27 January 2006. The request for consultations also concerns certain aspects of the investigation and the determination that led to the imposition of such duties.

On 2 November 2005, the United States requested consultations with Turkey concerning the latter’s import restrictions on rice from the United States. According to the request, Turkey requires an import license to import rice but fails to grant such licenses to import rice at Turkey’s bound rate of duty. According to the request, Turkey also operates a tariff-rate quota for rice imports requiring that, in order to import specified quantities of rice at reduced tariff levels, importers must purchase specified quantities of domestic rice, including from the Turkish Grain Board (TMO), Turkish producers, or producer associations (“the domestic purchase requirement”). The request lists more than ten measures through which Turkey has allegedly maintained the foregoing restrictions on rice imports, including Decree No. 96/7794 related to the General Assessment of the Regime Regarding Technical Regulations and Standardization for Foreign Trade (Official Gazette, No. 22541, 1 February 1996, Repeated).

On 17 June 2005, Guatemala requested consultations with Mexico concerning the definitive anti-dumping duties imposed by Mexico against imports of steel pipes and tubes from Guatemala and the investigation leading thereto. According to Guatemala, the anti-dumping duties concerned and the investigation leading thereto are inconsistent with Mexico’s obligations

On 21 March 2003, Antigua and Barbuda requested consultations with the US regarding measures applied by central, regional and local authorities in the US which affect the cross-border supply of gambling and betting services. Antigua and Barbuda considered that the cumulative impact of the US measures is to prevent the supply of gambling and betting services from another WTO Member to the United States on a cross-border basis. According to Antigua and Barbuda, the measures at issue may be inconsistent with the US obligations under the GATS, and in particular Articles II, VI, VIII, XI, XVI and XVII thereof, and the US Schedule of Specific Commitments annexed to the GATS.

On 24 November 2004, Japan requested consultations with the United States concerning (1) the USDOC’s “zeroing” practice in anti-dumping investigations, administrative reviews, sunset reviews, and also in assessing the final anti-dumping duty liability on entries upon liquidation; (2) the USDOC’s “irrefutable presumption” in sunset reviews; and (3) the waiver provisions of US law, which, in sunset reviews, oblige the USDOC, in certain situations, to find a likelihood of continuation or recurrence of dumping without performing a substantive review.