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US Compliance with WTO Rulings on Zeroing in Anti-Dumping

  • BERNARD HOEKMAN (a1) and JASPER WAUTERS
Abstract
Abstract

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.

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Corresponding author
*Email: Bhoekman@worldbank.org
**Email: jaspermartijnwauters325@gmail.com
References
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Blonigen, Bruce A. and Bown Chad P. (2003), ‘Antidumping and Retaliation Threats’, Journal of International Economics, 60(2): 249273.
Bown, Chad P. (2010), ‘Taking Stock of Antidumping, Safeguards, and Countervailing Duties, 1990–2009’, mimeo.
Bown, Chad P. and McCulloch Rachel (2010), ‘Developing Countries, Dispute Settlement, and the Advisory Centre on WTO Law’, World Bank Policy Research Working Paper No. 5168.
Bown Chad P. and Prusa Thomas J. (2010), ‘US Antidumping: Much Ado about Zeroing’, World Bank Policy Research Working Paper No. 5352.
Bown Chad P. and Sykes Alan O. (2008), ‘The Zeroing Issue: A Critical Analysis of Softwood V’, World Trade Review, 7(1): 121142.
Egger Peter and Nelson Douglas (2010), ‘How Bad is Antidumping?: Evidence from Panel Data’, The Review of Economics and Statistics, forthcoming.
Feinberg Robert M. and Reynolds Kara Marie (2006), ‘The Spread of Antidumping Regimes and the Role of Retaliation in Filings’, Southern Economic Journal, 72(4): 877890.
Finger J. Michael and Nogués Julio J. (eds.) (2006), Safeguards and Antidumping in Latin American Trade Liberalization: Fighting Fire with Fire, Washington, DC: World Bank.
Grossman Gene M. and Sykes Alan O. (2006), ‘European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India: Recourse to Article 21.5 of the DSU by India’, World Trade Review, 5(1): 133148.
Janow Merit E. and Staiger Robert W. (2003), ‘EC–Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India’, in Horn Henrik and Mavroidis Petros C. (eds.), The WTO Case Law of 2001, Cambridge: Cambridge University Press, pp. 115139.
Nye William W. (2009), ‘The Implications of “Zeroing” for Enforcement of US Antidumping Laws’, Journal of Economic Policy Reform, 12(4): 263271.
Prusa Thomas J. and Vermulst Edwin (2009), ‘A One–Two Punch on Zeroing: US–Zeroing (EC) and US–Zeroing (Japan)’, World Trade Review, 8(1): 187241.
Vandenbussche Hylke and Zanardi Maurizio (2010), ‘The Chilling Trade Effects of Antidumping Proliferation’, European Economic Review, 54(6): 760777.
Viner Jacob (1923), Dumping: A Problem in International Trade, Chicago: University of Chicago Press (reprinted in 1991 by Augustus M. Kelley, Fairfield, NJ).
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World Trade Review
  • ISSN: 1474-7456
  • EISSN: 1475-3138
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