EC versus United States: Zeroing or No Zeroing - The Biggest Antidumping Issue
Dr. Sanjay Pandey
Government of India; Competition Commission of India ; Amity Law School; National Law University, Jodhpur
February 11, 2005
Anti dumping duty has become rule of the day and WTO members are using this mechanism as a protectionist measure. This is so because the methodology of calculating dumping margin is not uniform. The US practices zeroing mechanism, which appears to be not in consonance with the agreement on anti-dumping, however the WTO panels have not taken it as seriously as ought to have been and the time calls for an analysis of mechanisms used for calculating dumping margin, specifically zeroing. Zeroing arises in situations where an investigating authority makes multiple comparisons of export price and normal value, and then aggregates the results of individual comparisons to calculate a dumping margin for the product as a whole, which does not appear to be in agreement with the WTO anti-dumping agreement.
Number of Pages in PDF File: 10
Keywords: anti-dumping, protectionist measure, WTO, zeroing, anti-dumping agreement
Date posted: November 29, 2005