In a report circulated to WTO members, the panel said it upheld China’s claim concerning the use of zeroing by the United States in the calculation of dumping margins for individually-examined exporters/producers.
The “zeroing” methodology in calculating the margins of dumping used by the United States in the investigations at issue was inconsistent with the Anti-Dumping Agreement, according to the ruling.
The panel concluded that the United States had acted inconsistently with its obligations under this provision.
On February 28, 2011, China requested consultations with the United States regarding the latter’s anti-dumping measures on certain frozen warmwater shrimp from China, complaining against the US Department of Commerce’s (USDOC) use of zeroing in the original investigation and several administrative reviews to calculate dumping margins for the subject imports.
On July 22, 2011, China requested complementary consultations with regard to the zeroing practice on diamond sawblades.
China on October 13 requested the establishment of panel, which was then established on October 25.