United States — Continued Existence and Application of Zeroing Methodology, European Communities v United States, Appellate Body Report, WT/DS350/AB/R, Report No AB-2008-11, ITL 079 (WTO 2009), 4th February 2009, World Trade Organisation [WTO]; Appellate Body
Whether the Panel erred in finding that the continued application of 18 anti-dumping duties was not a ‘measure’ that could be challenged before World Trade Organization adjudicators.
Whether the Panel erred in finding that the United States (‘US’) acted inconsistently with Article 9(3) of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (‘Anti-dumping Agreement’) and Article VI(2) of the General Agreement on Tariffs and Trade 1994 by using simple zeroing in 29 periodic reviews.
Whether the Panel acted inconsistently with Article 11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes in requiring evidence authenticated as documents from the US Department of Commerce but failing to employ its power to seek information to request the relevant documents from the US.
Whether the Panel failed to give effect to Article 17(6)(ii) of the Anti-dumping Agreement through following the jurisprudence of the Appellate Body rather than its own assessment regarding the legality of the use of zeroing.