U.S. to Comply in Thailand Retail Carrier Bag "Zeroing" Dispute
At the March 19, 2010 meeting of the World Trade Organization's Dispute Settlement Body, the U.S. formally announced its intent to implement the rulings and recommendations of the panel in the dispute, "U.S. - Anti-dumping measures on polyethylene retail carrier bags from Thailand (DS383) on U.S. "zeroing."
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The U.S. and Thailand also discussed their January 2010 agreement on procedures to resolve the dispute.
(See ITT's Online Archives or 01/26/10 news, 10012699 4, for BP summary of the panel ruling against the U.S.' use of "zeroing" in the Final Determination, etc.)
U.S. Given Six Months to Comply
Under their January agreement, the U.S. was given six months from the date of adoption of the panel report (or six months from February 18, 2010) to comply in the dispute.
Will Recalculate Dumping Margins, Issue New Determination
The U.S. agreed to recalculate its margins of dumping in the case and to issue a new determination in order to render the antidumping measures on plastic carrier bags from Thailand consistent with the recommendations and rulings of the panel.
If any such recalculation results in a change in a cash deposit rate or revocation, in part or in whole, for the anti-dumping measures on plastic bags from Thailand, the new cash deposit rate or revocation will have prospective effect only, taking effect with respect to entries made no sooner than the date on which the U.S. Trade Representative directs the Secretary of Commerce to implement its recalculation of the margins and new determination.
WTO notice (dated 03/19/10) available at http://www.wto.org/english/news_e/news10_e/dsb_19mar10_e.htm
WTO notice of U.S.-Thailand agreement (dated 01/12/10) available at http://docsonline.wto.org/DDFDocuments/t/WT/DS/383-4.doc