What is it about?
Whether or not the US is willing to abide by the consensus of the WTO membership that its calculation of anti-dumping duties in original investigations and subsequent reviews has not been consistent with its obligations under the anti-dumping agreement
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Why is it important?
Introduced market structure into the assessment of compliance by the US with the anti-dumping agreement of the WTO. Introduced consideration of alternative agreements under the auspices of the WTO under which the complaint may have been more appropriate. Discussed evidence that the US is not committed to disuse of zeroing in administrative reviews of anti-dumping duties, and will attempt to re-introduce them when possible
Perspectives
Although the format for the the WTO case law program is the combining of an economist and a legal scholar to analyze a trade dispute, circumstances resulted in my having to write both perspectives. This resulted in an unexpected opportunity to delve into legal analysis without any formal training, and provided an extraordinary learning opportunity.
Professor James C Hartigan
University of Oklahoma
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This page is a summary of: It's Baaaack: Zeroing, the US Department of Commerce, and US‒Shrimp II (Viet Nam), World Trade Review, January 2016, Cambridge University Press,
DOI: 10.1017/s1474745615000737.
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