August 18, 2009

The WTO Appellate Body (compliance procedure) Report with respect to "zeroing" in the anti-dumping procedures of the United States

1． On August 18, 2009, the WTO Appellate Body released a report on the United States’ compliance with WTO recommendations and rulings regarding zeroing in the anti-dumping procedures of the United States, after examination initiated pursuant to a petition by Japan.

2． The Appellate Body Report supports the earlier Panel Report of April 2009 that approved all the claims of Japan. It has now been finally and conclusively determined that the United States has not eliminated the WTO-inconsistent zeroing, and has thus failed to implement WTO recommendations.

3． This is a groundbreaking ruling that brings to an end the longstanding dispute with respect to zeroing between Japan and the United States. Moreover, this Appellate Body ruling does not simply address an issue between two countries; it is good news for the entire world trade system in the context of the current trend toward increased protectionism.

4． Japan strongly requests that the United States accept the Appellate Body ruling, and immediately and completely abolish zeroing.

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