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Die Another Day: Zeroing in on Targeted Dumping – Did the AB Hit the Mark in US–Washing Machines?

Published online by Cambridge University Press:  23 April 2018

PETROS C. MAVROIDIS  and
THOMAS J. PRUSA
PETROS C. MAVROIDIS*
Affiliation:
Columbia Law School and University of Neuchâtel
THOMAS J. PRUSA*
Affiliation:
Rutgers University and NBER
*
*Email: [email protected]
**Email: [email protected]
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Abstract

In US–Washing Machines, the WTO Appellate Body (AB) extended the prohibition of zeroing to the so-called exceptional (or W-T) methodology, where the dumping margin is established by comparing the weighted average normal value to export price of specific transactions. Given that the exceptional method was the only method under which the AB had not definitively rejected zeroing, this dispute may have hammered the last nail in the coffin of zeroing. Or, maybe not. The AB did not address a key issue, namely: What is the evidentiary standard that an investigating authority must meet in order to have legitimate recourse to W-T? In addition, the AB's suggested approach to aggregating dumping amounts across targeted and non-targeted groups may produce zeroing-like outcomes even if the authority does not resort to zeroing. It seems inevitable that future disputes will be required to address these issues, since history shows that at least some investigating authorities are gearing towards using this methodology ad nauseam. The AB has left zeroing to die another day.

Type
Review Article
Information
World Trade Review , Volume 17 , Issue 2 , April 2018 , pp. 239 - 264
Copyright
Copyright © Petros C. Mavroidis and Thomas J. Prusa 2018 

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Footnotes

We would like to thank Jennifer Hillman, Andrea Mastromatteo, Damien J. Neven, Terry Stewart, and Jasper Wauters for many helpful discussions on this issue. Chad P. Bown and Edwin Vermulst are our shadow co-authors. Remaining errors are our own.

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