Tuesday, April 28, 2009

Zeroing Not Dead Yet.

The Court of International Trade upheld a Department of Commerce dumping penalty using the zeroing method. This despite the ruling by the WTO that the use of zeroing was contrary to our international treaty obligations and the February 2007 statement by the U.S. Mission to the WTO declaring that the U.S. intended to meet its treaty obligations.

The Court was bound by the ruling of the Federal Court of Appeals finding that zeroing was a permissive interpretation of the Federal Anti-Dumping statute. Absence of any change in statute they could not over rule the higher court.

Would an appeal finally kill zeroing in the US? Maybe its time to break out the Charming Betsy Doctrine.

The court Also ruled 15 day was to short of a time period to liquidate anti-dumping entries after issuing Final result.