International Court of Justice judgment on sovereignty to islands and low-tide elevations: United States - Final Anti-dumping Measures on Stainless Steel from Mexico

摘要

Over the past several years, one of the most contentious issues in World Trade Organization dispute settlement has been the use of "zeroing" in the context of calculating antidumping duties in domestic trade remedy proceedings. The practice varies somewhat, but in general terms it refers to a dumping calculation that ignores import sales for which the export price exceeds the "normal value" (usually the value in the home market), instead taking into account only those sales where the export price is less than the normal value. In essence, the difference between the zeroing and nonzeroing approaches is the following: zeroing calculates dumping based only on the export sales that could themselves be classified, individually or as a subgroup, as "dumped," whereas nonzeroing calculates dumping based on all export sales. Critics of the practice argue that zeroing inflates the dumping margin unfairly; proponents contend that it offers an accurate calculation of the total amount of dumping. Almost all WTO members who have expressed a view on the issue oppose the practice in most situations. By contrast, the United States remains a staunch defender of "zeroing," and all of the recent complaints related to the practice have been brought against that country.