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-...

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Main Authors:	Hoekman, Bernard, Wauters, Jasper
Format:	Journal Article
Language:	EN
Published:	2012
Subjects:	Trade Policy International Trade Organizations F130 International Law K330
Online Access:	http://hdl.handle.net/10986/5846

id	okr-10986-5846
recordtype	oai_dc
spelling	okr-10986-58462021-04-23T14:02:23Z US Compliance with WTO Rulings on Zeroing in Anti-dumping Hoekman, Bernard Wauters, Jasper Trade Policy International Trade Organizations F130 International Law K330 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. 2012-03-30T07:34:49Z 2012-03-30T07:34:49Z 2011 Journal Article World Trade Review 14747456 http://hdl.handle.net/10986/5846 EN http://creativecommons.org/licenses/by-nc-nd/3.0/igo World Bank Journal Article
repository_type	Digital Repository
institution_category	Foreign Institution
institution	Digital Repositories
building	World Bank Open Knowledge Repository
collection	World Bank
language	EN
topic	Trade Policy International Trade Organizations F130 International Law K330
spellingShingle	Trade Policy International Trade Organizations F130 International Law K330 Hoekman, Bernard Wauters, Jasper US Compliance with WTO Rulings on Zeroing in Anti-dumping
relation	http://creativecommons.org/licenses/by-nc-nd/3.0/igo
description	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.
format	Journal Article
author	Hoekman, Bernard Wauters, Jasper
author_facet	Hoekman, Bernard Wauters, Jasper
author_sort	Hoekman, Bernard
title	US Compliance with WTO Rulings on Zeroing in Anti-dumping
title_short	US Compliance with WTO Rulings on Zeroing in Anti-dumping
title_full	US Compliance with WTO Rulings on Zeroing in Anti-dumping
title_fullStr	US Compliance with WTO Rulings on Zeroing in Anti-dumping
title_full_unstemmed	US Compliance with WTO Rulings on Zeroing in Anti-dumping
title_sort	us compliance with wto rulings on zeroing in anti-dumping
publishDate	2012
url	http://hdl.handle.net/10986/5846
_version_	1764396521035399168

US Compliance with WTO Rulings on Zeroing in Anti-dumping

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