It's Baaaack: Zeroing, the US Department of Commerce, andUS‒Shrimp II (Viet Nam)
| Autor: | James C. Hartigan |
|---|---|
| Rok vydání: | 2016 |
| Předmět: |
050502 law
Economics and Econometrics business.industry media_common.quotation_subject 05 social sciences Viet nam Burden of proof International trade Discretion Market structure 0502 economics and business Political Science and International Relations Dumping Complaint 050207 economics business Law 0505 law media_common |
| Zdroj: | World Trade Review. 15:287-302 |
| ISSN: | 1475-3138 1474-7456 |
| DOI: | 10.1017/s1474745615000737 |
| Popis: | In itsFinal Modification for Reviewsthe US DOC announced on 14 February 2012 that it would cease the use of zeroing in the calculation of anti-dumping (AD) margins in all reviews as of 16 April 2012. However, it did not pertain to targeted dumping. In itsFinal Ruleof 22 April 2014, it codified substantial discretion in calculating AD duties, including the use of zeroing, in targeted dumping. Thus the panel inUS‒Shrimp II (Viet Nam)erred in not finding ‘as such’ inconsistency by the US with the AD Agreement, despite this not being a targeted dumping complaint. Given the record of the US in complying with zeroing petitions, it should have incurred the burden of proof, which is not satisfied by these pronouncements. Market structure should be used by panels in ‘as applied’ inconsistency determinations. Viet Nam should have included an Article 3 violation in its complaint. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
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