USTR Seeks Comments on WTO Dispute Regarding "Zeroing", Etc. in AD Orders on Stainless Steel Sheet and Strip in Coils from Mexico
The Office of the U.S. Trade Representative (USTR) has issued a notice announcing that Mexico has requested the establishment of a World Trade Organization (WTO) dispute settlement panel (DSP) concerning certain U.S. antidumping (AD) orders against stainless steel sheet and strip in coils from Mexico.
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The USTR states that it invites written comments from the public concerning the issues raised in this dispute. To be assured of timely consideration, comments should be submitted on or before February 28, 2007.
Mexico Challenges Use of "Zeroing" in AD Investigations and Reviews, Etc.
According to the USTR, in its request for a DSP, Mexico challenges the ITA's use of "zeroing" in investigations and administrative reviews.
Mexico also challenges: (1) Sections 736, 751, 771(35)(A) and (B), and section 777A(c) and (d) of the Tariff Act of 1930, as amended; (2) the Statement of Administrative Action that accompanied the Uruguay Round Agreements Act, H.R. Doc. No. 103-316, vol. I; (3) USDOC regulations codified at Title 19 of the U.S. Code of Federal Regulations, sections 351.212(b), 351.414(c), (d) and (e); and (4) the Import Administration Antidumping Manual (1997 edition), including the computer program(s) to which it refers.
In addition, Mexico challenges the methodologies used to calculate dumping margins in original investigations and periodic reviews.
(On December 27, 2006, the International Trade Administration (ITA) announced that it will no longer use "zeroing'' when making average-to-average comparisons in an AD investigations effective January 16, 2007. See ITT's Online Archives or 01/08/07 news, 07010825, for BP summary.)
- written comments should be submitted on or before February 28, 2007
USTR Contact - Elizabeth Baltzan (202) 395-3582
USTR Notice (D/N WTO/DS344, FR Pub 12/27/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-22186.pdf
WTO U.S. Stainless Steel (Mexico) Dispute Settlement History (DS344, updated as of 01/05/07) available at http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds344_e.htm