WT/DS294/R 
 Page A-1 
 
 
 
 
ANNEX A 
 
REQUEST FOR CONSULTATION S AND REQUEST FOR THE 
ESTABLISHMENT OF A PANEL 
  
Contents Page 
Annex A-1 Request for Consultations by the European Communities A-2 
Annex A-2 Request for the Establis hment of a Panel by the European 
Communities A-29 
 WT/DS294/R 
Page A-2  
 
  
ANNEX A-1 
  
REQUEST FOR CONSULTATIONS BY  THE EUROPEAN COMMUNITIES 
 
   
 
WORLD TRADE  
ORGANIZATION  WT/DS294/1 
G/L/630 G/ADP/D49/1 
19 June 2003 
 
(03-3263) 
 Original:   English 
 
  
UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY 
FOR CALCULATING DUMPING MARGINS ("ZEROING") 
 
Request for Consultations by the European Communities
 
  
 The following communication, dated 12 June 2003, from the Permanent Delegation of the European Commission to the Permanent Mission of the United States and to the Chairman of the 
Dispute Settlement Body, is circulated in  accordance with Article 4.4 of the DSU. 
 
_______________ 
 
 
 On behalf of the European Communities (the "E C"), I hereby request consultations with the 
United States of America pursuant to Article 4 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes, Article XXII: 1 of the General Agreement on Tariffs and Trade 
1994 (the "GATT") and Article 17 of the Agreement on implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 (the "ADA").  
 This request is with respect to: 
 
 – the Tariff Act of 1930 (the "Act"), in  particular sections 751, 771(35)(A) and 
771(35)(B), 
 
 – the implementing regulation
1 of the United States Department of Commerce (the 
"DOC"), in particular section 351.414(c)(2), 
 
                                                      
1 19 CFR Section 351.  WT/DS294/R 
 Page A-3 
 
 
 – the methodology of the DOC for determining the dumping margin in new 
investigations on the basis of the comparison of a weighted average normal value with a weighted average export price, 
  – the methodology of the DOC for determining the dumping margin in reviews, 
 
 – the determinations of dumping by the DOC, the determination of injury by the United 
States International Trade Commission and the DOC notice for the imposition of the anti-dumping duty in the cases listed in Annex I, 
 
 – and the final results of the anti-dumping administrative reviews listed in Annex II. 
  The matters, which the EC would like to raise in the course of the consultations include, but 
are not limited to, the following:  
(1) in new investigations, the zeroing of ne gative dumping margins when comparing export 
prices and normal values on a weighted average to weighted average basis; 
 (2) in reviews, the comparison of export prices and normal values on a weighted average to 
transaction basis and the zeroing of negative dumping margins in circumstances other than those specified in Article 2.4.2 of the ADA; 
 
(3) the impact of zeroing negative dumping marg ins in the determination of the "dumped 
imports" in the injury investigation; 
 (4) the determination of dumping margins above de minimis  level as a result of zeroing negative 
dumping margins and the consequent imposition,  continuation or collection of an anti-
dumping duty; 
 (5) the level of the dumping margins in the absen ce of zeroing in the cases listed in Annex I and 
Annex II  
 
 The EC is concerned that the Act, related regulations, US methodologies and determinations 
in the listed cases appear to be, in several respects,  not in conformity with the obligations of the 
United States under the GATT, and the ADA, in particular under:  – Articles 1, 2.4 (including 2.4.2), 3, 5. 8, 9.3, 9.5, 11 and 18.3 of the ADA, 
 
– Articles VI:1 and VI:2 of the GATT,  – Article XVI:4 of the Marrakech Agreement establishing the WTO and Article 18.4 of the 
ADA. 
 
 We reserve the right to raise additional claims  and legal matters regarding the legislation and 
practice during the course of the consultations.   We look forward to receiving your reply to this  request to setting a mutually convenient date 
for these consultations. 
  WT/DS294/R 
Page A-4  
ANNEX I 
IMPOSITION OF ANTI-DUMPING DUTY 
Product MS DOC Case 
Number DOC Final Determination ITC Case 
Number ITC Determination AD Order 
1.  Certain hot-rolled carbon steel NL A-421-807 66 FR 50408, October 3, 2001 
(amended:  66 FR 55637, 
November 2, 2001) A-903 November 2001 66 FR 59565, 
November 29, 2001 
2.  Stainless steel bar F A-427-820 67 FR 3143, January 23, 2002 A-913 Febr uary 2002 67 FR 10385, 
March 7, 2002 
3.  Stainless steel bar G A-428-830 67 FR 3159, January 23, 2002 
(amended:  67 FR 10382, March 7, 2002) A-914 February 2002 67 FR 10382, 
March 7, 2002 
4.  Stainless steel bar I A-475-829 67 FR 3155, January 23, 2002 
(amended:  67 FR 8228, February 22, 2002) A-915 February 2002 67 FR 10384, 
March 7, 2002 
5.  Stainless steel bar UK A-412-822 67 FR 3146, January 23, 2002 A-918 Febr uary 2002 67 FR 10381, 
March 7, 2002 
  WT/DS294/R 
 Page A-5 
 
 
United States – Anti-Dumping duties on Imports of Certain Hot-Rolled 
Carbon Steel Flat Products from the Netherlands 
 
Specific Case No. l  
 
 
The measure  
  This case concerns the imposition of anti-dumping duties on Certain Hot-Rolled Carbon Steel Flat products from the Netherlands (US case number  A-421-807, 66 FR 59565 of 29 November 2001). 
The rate of the ad valorem  anti-dumping duty was 2.59% for Corus Staal BV and all others. 
 Use of zeroing
 
  In the United States Department of Commerce's investigation of Hot-Rolled Carbon Steel Flat 
Products from the Netherlands ("Hot-Rolled Steel") , the Department of Commerce (DOC) utilised a 
methodology commonly referred to as "zeroing".   The practice of "zeroing", as applied in this  case by the DOC, can briefly be described as 
follows.  
 First, the DOC identified a number of different "models" or "types" of Hot-Rolled Steel, 
called connums.   Next, the DOC calculated, for each of these models, a weighted average  normal value and a 
weighted average  export price.  Then, the DOC compared th e weighted average normal value with the 
weighted average export price for each model.  For some models, normal value was higher  than export 
price; by subtracting export price from normal value for these models, the DOC established a " positive  
dumping margin" for each model.  For other models, normal value was lower  than export price; by 
subtracting export price from normal value fo r these other models, DOC established a " negative  
dumping margin" for each model. Thus, there is a "positive dumping margin" where there  is dumping, 
and a "negative dumping margin" where there is not .  The "positives" and "negatives" of the amounts 
in this calculation are an indication of precisely how much  the export price is above or below the 
normal value.   Having made this calculation, the DOC th en added up the amounts it had calculated as 
"dumping margins" for each model of the product in order to determine an overall  dumping margin for 
the product as a whole .  However, in doing so, the DOC tr eated any "negative dumping margin" as 
zero – hence the use of the word "zeroing".  Th en, finally, having added up the "positive dumping 
margins" and the zeroes, the DOC divided this su m by the cumulative total value of all the export 
transactions involving all types and models of that  product. In this way, the DOC obtained an overall 
margin of dumping for the product under investigation.  
 This methodology is identical to the methodology that was held in breach of the WTO 
Anti-Dumping Agreement in European Communities - Anti-Dumping Duties on Imports of Cotton-
Type Bed Linen from India , (Panel Report, WT/DS141/R  and Appellate Body Report, 
WT/DS141/AB/R, adopted 12 March 2001).  
Dumping margin without zeroing
 
  By using the above methodology, DOC calcula ted a dumping margin of 2.59% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been  [- ..%] (negative) and the case would have been terminated. 
 WT/DS294/R 
Page A-6  
 
United States – Anti-Dumping Duties on Imports of Stainless Steel Bar from France 
 
Specific Case No. 2
 
  
The measure
 
  This case concerns the imposition of anti-dumping duties on Stainless Steel Bar from France (US case number A-427-820, 67 FR 10385 of 7 March 2002). The rates of the ad valorem  
anti-dumping duty were 71.83% for Aubert & Duval S.A, 3.90% for Ugine-Savoie Imphy and all 
others. 
 Use of zeroing
 
  In the United States Department of Commerc e's investigation of Stainless Steel Bar from 
France, the Department of Commerce (DOC) utilis ed the same "zeroing" methodology as described 
under Specific Case No. 1.  Dumping margin without zeroing
 
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 3.90% 
for Ugine-Savoie Imphy SA while without the zeroing methodology (i.e. with the negative unit 
margins included), the dumping margin would have been  [- ..%] (negative) and the case would have 
been terminated with r espect to this exporter. 
  
United States – Anti-Dumping Duties on Imports of Stainless Steel Bar from Germany 
 
Specific Case No. 3
 
  The measure
 
 
 This case concerns the imposition of anti-dumping duties on Stainless Steel Bar from Germany (US case number A-428-830, 67 FR 10 382 of 7 March 2002).  The rates of the ad valorem  
anti-dumping duty were 13.63% for BGH, 4.17% for Einsal, 15.40% for EWK, 32.32% for KEP and 16.96% for all others . 
 
Use of zeroing
 
  In the United States Department of Commerc e's investigation of Stainless Steel Bar from 
Germany , the Department of Commerce (DOC) utili sed the same "zeroing" methodology as described 
under Specific Case No. 1. 
 
Dumping margin without zeroing
 
 In particular, by using the above methodology, DOC calculated a dumping margin:  
– of 13.63% for BGH. Without the zeroing methodology (i.e. with the negative unit margins 
included), the dumping margin would have been [..%] (lower). 
 – of 4.17% for Einsal. Without the zeroing methodology, the dumping margin would have been 
of [..%] ( de minimis ) and the case would have been termin ated with respect to this exporter . 
  WT/DS294/R 
 Page A-7 
 
 
– of 15.40% for EWK. Without the zeroing methodology the dumping margin would have been 
[..%] (lower). 
 – of 32.32% for KEP. Without the zeroing met hodology the dumping margin would have been 
[..%] (lower). 
 
 
United States – Anti-Dumping Duties on Imports of Stainless Steel Bar from Italy 
 
Specific Case No. 4
 
 
 The measure
 
  This case concerns the imposition of anti-dumping duties on Stainless Steel Bar from Italy 
(US case number A-475-829, 67 FR 10384 of 7 March 2002). The rates of the ad valorem  
anti-dumping duty were 2.50% for Acciaierie Valb runa Srl/Acciaierie Bolzano D.p.A, 7.07% for 
Acciaiera Foroni SpA, 3.83% for Rodacciai S.p.A,  33% for Cogne Acciai Speciali Srl and 3.81% for 
all others.  Use of zeroing
 
 
 In the United States Department of Commerce's investigation of Stainless Steel Bar from Italy, the Department of Commerce (DOC) utilised th e same "zeroing" methodology as described under 
Specific Case No. 1.  
Dumping margin without zeroing
 
  In particular, by using the above methodology, DOC calculated a dumping margin:  – of 2.50% for Acciaierie Valbruna Srl/Acci aierie Bolzano S.p.A. Without the zeroing 
methodology (i.e. with the negative unit margin s included), the dumping margin would have 
been  [-..%] (negative) and the case would have b een terminated with respect to this exporter. 
 – of 7.07% for Acciaiera Foroni Spa. Without the zeroing methodology the dumping margin 
would have been [..%] (lower). 
 
– of 3.83% for Rodacciai SpA. Without the zeroing methodology the dumping margin would 
have been [...%] (lower). 
  
United States – Anti-Dumping Duties on Imports of Stainless Steel Bar from the United Kingdom 
 
Specific Case No. 5
 
  The measure
 
 
 This case concerns the imposition of anti-dumping duties on Stainless Steel Bar from the 
United Kingdom (US case number A-412-822, 67 FR  10381 of 7 March 2002).  The rates of the 
ad valorem  anti-dumping duty were 4.48% for Corus Engineering Steels, Ltd, 125.77% for 
Crownridge Stainless Steel, Ltd/Valkia Ltd and Fi rth Rixson Special Steels, Ltd and 4.48% for all 
others. 
 WT/DS294/R 
Page A-8  
 
Use of zeroing
 
  In the United States Department of Commerce' s investigation of stainless steel bar from the 
United Kingdom, the Department of Commerce (DOC ) utilised the same "zeroing" methodology as 
described under Specific Case No. 1. 
 
Dumping margin without zeroing
 
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 4.48% 
for Corus Engineering Steels, Ltd while without the zeroing methodology (i.e. with the negative unit 
margins included), the dumping margin would have b een  [- ...%] (negative) and the case would have 
been terminated with r espect to this exporter. 
   WT/DS294/R
 Page A-9ANNEX II 
ADMINISTRATIVE REVIEWS 
Product MS No Case Final Results Amended Final 
Results Company Dumping 
Margin Period covered by the 
Review 
6.  Industrial Nitrocellulose F A-427-009 66 FR 54213, 
October 26, 2001 
  Bergerac NC 3.26% 1 August 99-31 July 00 
7.  Industrial Nitrocellulose UK A-412-803 67 FR 77747, 
December 19, 2002 
  Imperial Chemical 
Industries 3.06% 1 July 00-30 June 01 
8.  Stainless steel plate in coils B A-423-808 67 FR 64352, 
October 18, 2002  ALZ NV & 
TrefilARBED (affiliated US importer)  3.84% 1 May 00-30 April 01 
9.  Certain pasta I A-475-818 66 FR 300, 
January 3, 2002 67 FR 5088, 
February 4, 2002 Ferrara 
Pallante 
PAM 
 1.25% 
1.78% 
4.10% 1 July 99-30 June 00 
10.  Certain pasta I A-475-818 68 FR 6882, 
February 11, 2003   Pastifi Garofalo 0.55% 1 July 00-30 June 01 
11.  Stainless steel sheet strip 
coils I A-475-824 67 FR 1715, 
January 14, 2002   Acciai Speciali 
Terni SpA 0.66% 4 January 99-30 June 00 
12.  Stainless steel sheet strip 
coils I A-475-824 68 FR 6719, 
February 10, 2003 
  Acciai Speciali 
Terni SpA 5.84% 1 July 00-30 June 01 
13.  Granular 
polytetrafluoenthylene I A-475-703 67 FR 1960, 
January 15, 2002 
  Ausimont SpA 2.15% 1 August 99-31 July 00 
14.  Granular 
polytetrafluoenthylene I A-475-703 68 FR 2007, 
January 15, 2003   Ausimont SpA 12.08% 1 August 00-31 July 01 
15.  Stainless steel sheet strip 
coils F A-427-814 67 FR 6493, 
February 12, 2002   67 FR 12522, 
March 19, 2002 Ugine 3.00% 4 January 99-30 June 00 
16.  Stainless steel sheet strip F A-427-814 67 FR 78 773, 68 FR 4171, Ugine 1.44% 1 July 00-30 June 01  WT/DS294/R 
Page A-10 coils December 26, 2002 
 January 28, 2003 
17.  Stainless steel sheet strip 
coils G A-428-825 67 FR 7668, 
February 20, 2002 
 67 FR 15178, 
March 29, 2002 KTN 2.61% 4 January 99-30 June 00 
18.  Stainless steel sheet strip 
coils G A-428-825 68 FR 6716, 
February 10, 2003 
  TKN 4.77% 1 July 00-30 June 01 
19.  Ball bearings F A-427-801 67 FR 55780, 
August 30, 2002   SKF France SA and 
Sarma 8.51% 1 May 00-30 April 01 
20.  Ball bearings I A-475-801 67 FR 55780, 
August 30, 2002   FAG Italia SpA 
SKF Industrie SpA 1.42% 
3.70% 1 May 00-30 April 01 
21.  Ball bearings UK A-412-801 67 FR 55780, 
August 30, 2002   NSK Bearings 
Europe Ltd The Barden 
Corporation UK 16.87% 
3.87% 1 May 00-30 April 01  WT/DS294/R 
 Page A-11 
 
 
  United States – Anti-Dumping Administrative Review on Imports 
of Industrial Nitrocellulose from France 
 
Specific Case No.6  
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Industrial 
Nitrocellulose from France, produced and exported by Bergerac NC. (US case number A-427-009, 
66 FR 54213 of 26 October 2001). The period of re view is 1 August 1999 through 31 July 2000 and 
the rate of anti-dumping duty for Bergerac NC was 3.26% ad valorem. 
 Methodology
 
 
 The practice of "zeroing", as applied in this  case by the DOC, can briefly be described as 
follows. First, the DOC identified with respect to  the product under investigation a certain number of 
different "models" or "types" of that product, what it calls Connum.- a common practice for both 
investigations and administrative reviews-.   Then, unlike in a new investigation, in an administrative review the DOC does not compare 
the average US price (export price) to the averag e home market price (normal value) for the whole 
investigation period. Instead, the DOC’s practice is  to compare the US net price for each individual 
US transaction to the most contemporaneous monthly average normal value.     The total value of the dumping margin is then  calculated by aggregating only the transaction-
specific positive dumped values and then multiplying the quan tity sold in the US market for each 
model by the unit dumped value to arrive at the to tal dollars dumped. Compar isons of individual US 
transactions to weighted-average monthly normal value that yield negative  margins are ignored 
(effectively treated as zero). The DOC applies th is methodology in circumstances other than those 
specified in Article 2.4.2 of the ADA.  
 Because DOC determines margins on a transacti on-specific basis in administrative reviews, 
no offsetting of negative margins is performed at ei ther the Connum-specific or aggregate level. The 
DOC’s methodology of aggregating the values of only the positive dumping margins based on the individual transactions means that there is no o ffset against the positive values at any stage.  
 
Dumping margin without zeroing
 
  By using the above methodology, DOC calculate d a dumping margin of 3.26%. while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [...%] (lower).  
 WT/DS294/R 
Page A-12  
 
 United States – Anti-Dumping Administrative Review on Imports 
of Industrial Nitrocellulose from the United Kingdom 
 
Specific Case No.7
 
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Industrial 
Nitrocellulose from the United Kingdom, produced a nd exported by Imperial Chemical Industries 
PLC.  (US case number A-412-803, 67 FR 77747 of  19 December 2002). The period of review is 
1 July 2000 through 30 June 2001 and the rate of an ti-dumping duty for Imperial Chemical Industries 
was 3.06% ad valorem. 
 Methodology
 
 
 The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  Dumping margin without zeroing
 
 
 By using the above methodology, DOC calcula ted a dumping margin of 3.06% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been  [- …%] (negative) and no anti-dumping duty would have been collected.   
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Plate in Coils from Belgium 
 
Specific Case No.8
 
  
The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Stainless Steel Plate in Coils from Belgium, produced and exported by ALZ NV (US case number A-423-808, 67 FR 64352 of 18 October 2002). The period of review  is 1 May 2000 through 30 April 2001 and the 
rate of anti-dumping duty for ALZ NV was 3.84% ad valorem. 
 Methodology
 
  The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6. 
 
Dumping margin without zeroing
 
  By using the above methodology, DOC calcula ted a dumping margin of 3.84% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [- ..%] (negative) and no an ti-dumping duty would have been collected. 
  WT/DS294/R 
 Page A-13 
 
 
   
 
United States – Anti-Dumping Administrative Review on Certain Pasta from Italy 
 
Specific Case No.9  
 
 The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Certain Pasta from 
Italy, produced and exported by Pastificio Guido Fe rrara S.r.L. (Ferrara), Pastificio Antonio Pallante 
S.r.L. (Pallante) and PAM S.r.L. (PAM). (US case number A-475-818, 66 FR 300 of 3 January 2002, 
67 FR 5088 of 4 February 2002). The period of revi ew is 1 July 1999 through 30 June 2000 and the 
rate of anti-dumping duty was, ad valorem , 1.25% for Ferrara, 1.78% for Pallante, 4.10% for PAM. 
 
Methodology
 
  The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  Dumping margin without zeroing
 
 
 By using the above methodology, DOC calcula ted for Ferrara a dumping margin of 1.25% 
while without the zeroing methodology (i.e. with  the negative unit margins included), the dumping 
margin would have been [...%] (lower).  
 As for Pallante, DOC calculated a dumping margin of 1.78%, while without the zeroing 
methodology (i.e. the negative unit margins included ), the dumping margin would have been [...%] 
(lower).   As for PAM, DOC calculated a dumping margin of 4.10%, while without the zeroing methodology (i.e. the negative unit margins incl uded), the dumping margin would have been  
de minimis .  
   
United States – Anti-Dumping Administrative Review on Certain Pasta from Italy 
 
Specific Case No.10
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Certain Pasta from 
Italy, produced and exported by Pastificio Ga rofalo S.p.A. (US case number A-475-818, 68 FR 6882 
of 11 February 2003). The period of review is 1 Ju ly 2000 through 30 June 2001 and the rate of anti-
dumping duty was 0.55% ad valorem. 
 
Methodology  
  The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  WT/DS294/R 
Page A-14  
 
 Dumping margin without zeroing
 
  By using the above methodology, DOC calcula ted a dumping margin of 0.55% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [...%] (lower). 
 
 
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet Strip in Coils from Italy 
 
Specific Case No.11
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet 
Strip in Coils from Italy, produced and exporte d by Acciai Speciali Terni SpA (US case number 
A-475-824, 67 FR 1715 of 14 January 2002).  The pe riod of review is 4 January 1999 through 30 June 
2000 and the rate of anti-dumping duty for Acciai Speciali Terni SpA was 0.66% ad valorem. 
 Methodology
 
 
 The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  Dumping margin without zeroing
 
 
 By using the above methodology, DOC calcula ted a dumping margin of 0.66% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [-…%] (negative) and no anti-dumping duty would have been collected.   
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet Strip in Coils from Italy 
 
Specific Case No.12
 
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet Strip in Coils from Italy, produced and exporte d by Acciai Speciali Terni SpA (US case number 
A-475-824, 68 FR 6719 of 10 February 2003). The peri od of review is 1 July 2000 through 30 June 
2001 and the rate of anti-dumping duty for Acciai Speciali Terni SpA was 5.84% ad valorem. 
 Methodology
 
  The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6. 
  WT/DS294/R 
 Page A-15 
 
 
  Dumping margin without zeroing  
  By using the above methodology,  DOC calcula ted a dumping margin of 5.84% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [- …%] (negative). 
 
 
United States – Anti-dumping Administrative Review on Imports 
of Granular Polytetrafluoroe nthylene Resin from Italy 
 
Specific Case No.13
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Granular 
Polytetrafluoroenthylene resin from Italy, produced  and exported by Ausimont SpA. (US case number 
A-475-703, 67 FR 1960 of 15 January 2002).  Th e period of review is 1 August 1999 through 
31 July 2000 and the rate of anti-dumping duty for Ausimont SpA SA was 2.15% ad valorem. 
 Methodology
 
 
 The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  Dumping margin without zeroing
 
 
 By using the above methodology, DOC calcula ted a dumping margin of 2.15% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [...%] (lower).   
United States – Anti-Dumping Administrative Review on Imports 
of Granular Polytetrafluoroe nthylene Resin from Italy 
 
Specific Case No.14
 
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Granular 
Polytetrafluoroenthylene Resin from Italy, prod uced and exported by Ausimont SpA. (US case 
number A-475-703, 68 FR 2007 of 15 January 2003). The period of review is 1 August 2000 through 
31 July 2001 and the rate of anti-dumping duty for Ausimont SpA SA was 12.08% ad valorem. 
 Methodology
 
  The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6. 
 WT/DS294/R 
Page A-16  
 
 Dumping margin without zeroing
 
  By using the above methodology, DOC calcu lated a dumping margin of 12.08% while 
without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [...%] (lower). 
 
 
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet and Strip in Coils from France 
 
Specific Case No.15
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet 
and Strip in Coils from France, produced a nd exported by Ugine (US case number A-427-814, 
67 FR 6493 of 12 February 2002, 67 FR 12522 of 19 March 2002).  The period of review is 4 January 
1999 through 30 June 2000 and the rate of anti-dumping duty for Ugine was 3.00% ad valorem. 
 Methodology
 
 
 The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  Dumping margin without zeroing
 
 
 By using the above methodology, DOC calcula ted a dumping margin of 3.00% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been  [- …%] (negative) and no anti-dumping duty would have been collected.   
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet and Strip in Coils from France 
 
Specific Case No.16
 
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet and Strip in Coils from France, produced and expor ted by Ugine SA (US case number A-427-814, 
67 FR 78773 of 26 December 2002, 68 FR 4171 of 28 January 2003). The period of review is 1 July 
2000 through 30 June 2001 and the rate of anti-dumping duty for Ugine SA was 1.44% ad valorem. 
 Methodology
 
  The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  
  WT/DS294/R 
 Page A-17 
 
 
  Dumping margin without zeroing  
  By using the above methodology, DOC calcula ted a dumping margin of 1.44% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [- …%] (negative) and no anti-dumping duty would have been collected. 
 
 
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet and Strip in Coils from Germany 
 
Specific Case No.17
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet 
and Strip in Coils from Germany, produced a nd exported by KTN (US case number A-428-825, 
67 FR 7668 of 20 February 2002, 67 FR 15178 of 29 March 2002). The period of review is 4 January 
1999 through 30 June 2000 and the rate of anti-dumping duty for KTN was 2.61% ad valorem. 
 Methodology
 
 
 The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  Dumping margin without zeroing
 
 
 By using the above methodology, DOC calcula ted a dumping margin of 2.61% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been  [- ..%] (negative) and no an ti-dumping duty would have been collected. 
  
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet and Strip in Coils from Germany 
 
Specific Case No.18
 
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet and Strip in Coils from Germany, produced a nd exported by TKN (US case number A-428-825, 
68 FR 6716 of 10 February 2003). The period of revi ew is 1 July 2000 through 30 June 2001 and the 
rate of anti-dumping duty for TKN was 4.77% ad valorem. 
 Methodology
 
  The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6. 
 WT/DS294/R 
Page A-18  
 
 Dumping margin without zeroing
 
  By using the above methodology, DOC calcula ted a dumping margin of 4.77% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [– ..%] (negative) and no anti -dumping duty would have been collected. 
 
 
United States – Anti-Dumping Administrative Review on Imports 
of Ball Bearings from France 
 
Specific Case No.19
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Ball Bearings from 
France, produced and exported by SKF France SA and Sarma (US case  number A-427-801, 
67 FR 55780of 30 August 2002). The period of revi ew is 1 May 2000 through 30 April 2001 and the 
rate of anti-dumping duty for SKF France SA and Sarma was 8.51% ad valorem. 
 
Methodology  
 
 The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  Dumping margin without zeroing
 
 
 By using the above methodology, DOC calcula ted a dumping margin of 8.51% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [-..%] (negative) and no anti- dumping duty would have been collected. 
  
United States – Anti-Dumping Administrative Review on Imports 
of Ball Bearings from Italy 
 
Specific Case No.20
 
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Ball Bearings from Italy, produced and exported by SKF Industrie SpA and FAG Italia SpA (US case number A-475-801, 67 FR 55780 of 30 August 2002). The period of review  is 1 May 2000 through 30 April 2001 and the 
rate of anti-dumping duty was, ad valorem , 3.70% for SKF Industrie SpAand 1.42% for FAG Italia 
SpA. 
 
Methodology
 
 
 The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.   WT/DS294/R 
 Page A-19 
 
 
  Dumping margin without zeroing  
  By using the above methodology, DOC calcula ted a dumping margin for SKF Industrie SpA 
of 3.70% while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [–..%] (negative)  and no anti-dumping duty would have been 
collected. 
  As for FAG Italia SpA, DOC calculated a dumping margin of 1.42% while without the 
zeroing methodology the dumping margin would have been [– ..%] (negative) and no anti-dumping duty would have been collected. 
 
 
United States – Anti-Dumping Administrative Review on Imports 
of Ball Bearings from the United Kingdom 
 
Specific Case No.21
 
  The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Ball Bearings from 
the United Kingdom, produced and exported by NS K Bearings Europe Ltd and the Barden 
Corporation UK (US case number A-412-801, 67 FR 55780 of 30 August 2002). The period of review 
is 1 May 2000 through 30 April 2001 and the rate of anti-dumping duty was, ad valorem , 16.87% for 
NSK Bearings Europe Ltd and 3.87% for the Barden Corporation UK . 
 
Methodology
 
  The practice of "zeroing", as applied in this  case by the DOC, is the same as the practice 
described under Specific Case No. 6.  Dumping margin without zeroing
 
 
 By using the above methodology, DOC calcula ted for NSK Bearings Europe Ltd a dumping 
margin of 16.87% while without the zeroing me thodology (i.e. with the negative unit margins 
included), the dumping margin would have been [-  …%] (negative) and no anti-dumping duty would 
have been collected. 
 
 As for the Barden Corporation UK, DOC calculated a dumping margin of 3.87%, while 
without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [– ..%] (negative) and no anti-dumping duty would have been collected.  WT/DS294/R 
Page A-20  
 
  
 
 
WORLD TRADE  
ORGANIZATION  WT/DS294/1/Add.1 
G/L/630/Add.1 
G/ADP/D49/1/Add.1 15 September 2003 
 
(03-4810) 
 Original:   English 
   
UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY 
FOR CALCULATING DUMPING MARGINS ("ZEROING") 
 
Request for Consultations by the European Communities
 
 
Addendum  
  
 The following communication, dated 8 Sept ember 2003, from the Permanent Delegation of 
the European Commission to the Permanent Mission of  the United States and to the Chairman of the 
Dispute Settlement Body, is circulated in  accordance with Article 4.4 of the DSU. 
 
_______________ 
 
 
The European Communities refers to the consu ltations held on 17 July 2003 concerning the 
United States of America's laws, regulations and methodology for calculating dumping margins 
("zeroing") as applied in a number of new anti-dumpi ng investigations and reviews, as set out in the 
European Communities' request for consulta tions dated 12 June 2003 (WT/DS294/1, G/L/630, 
G/ADP/D49/1). The European Communities hereby requests further consultations with the 
Government of the United States of America. 
 
Further to the first round of consultations , the European Communities has identified 
additional investigations in which the US DOC a pplied the "zeroing" methodology in calculating the 
margin of dumping. The cases concerned are listed in the Annex attached hereto. For the sake of 
convenience, the Annex continues the numbering of A nnex II of the original request for consultations 
and therefore starts at number 22. 
 
This request is with respect to the determin ations of dumping by the DOC, the determination 
of injury by the United States International Tr ade Commission and the DOC notice for the imposition 
of the anti-dumping duty in the cases listed in Annex. 
 
 The matters, which the EC would like to rais e in the course of the additional consultations 
include, but are not limited to, the following:  (1) the zeroing of negative dumping margins when  comparing export prices and normal values on 
a weighted average to we ighted average basis; 
  WT/DS294/R 
 Page A-21 
 
 
  (2) the impact of zeroing negative dumping margins in the determination of the "dumped 
imports" in the injury investigation; 
 (3) the determination of dumping margins above de minimis  level as a result of zeroing negative 
dumping margins and the consequent imposition of an anti-dumping duty; 
 
(4) the level of the dumping margins in the ab sence of zeroing in the cases listed in Annex. 
  The EC is concerned that the determinations  in the listed cases appear to be, in several 
respects, not in conformity with the obligatio ns of the United States under the GATT, and the 
Agreement on implementation of Article VI of th e General Agreement on Tariffs and Trade 1994 (the 
"ADA"), in particular under:  – Articles 1, 2.4 (including 2.4. 2), 3, 5.8 and 18.3 of the ADA, 
 
– Articles VI:1 and VI:2 of the GATT, 
 – Article XVI:4 of the Marrakech Agreement establishing the WTO and Article 18.4 of the 
ADA. 
  We reserve the right to raise additional claims  and legal matters regarding the legislation and 
practice during the course of the consultations. 
 
We look forward to receiving your reply to th is request and to fixing a mutually acceptable 
date for consultations.  
 
 
  
 WT/DS294/R 
Page A-22  
 
ANNEX 1 
ANTI-DUMPING DUTIES 
Product MS DOC Case 
Number DOC Final Determination ITC Case 
Number ITC Determination AD Order 
22.Stainless Steel Wire Rod SW A-401-806 63 FR40449,  
July 29,1998 A-774 September 1998 63 FR49329, 
September 15, 1998  
23.Stainless Steel Wire Rod E A-469-807 63 FR40391,  
July 29,1998 A-773 September 1998 63 FR 49330,  
September 15, 1998 
24.Stainless Steel Wire Rod I A-475-820 63 FR40422,  
July 29,1998 A-770 September 1998 63 FR 49327,  
September 15, 1998 
25.Certain Stainless Steel Plate in Coils B A-423-808 64 FR15476,  
March 31, 1999 A-788 May 1999 64 FR 27756,  
May 21, 1999 (amended by 68 FR 20114 April 24, 2003) 
26.Stainless Steel Sheet and Strip in Coils F A-427-814 64 FR30820,  
June 8, 1999 A-797 July 1999 64 FR 40562,  
July 27, 1999 
27.Stainless Steel Sheet and Strip in 
Coils I A-475-824 64 FR30750,  
June 8, 1999 A-799 July 1999 64 FR 40567,  
July 27, 1999 
28.Stainless Steel 
Sheet and Strip in 
Coils UK A-412-818 64 FR30688,  
June 8,1999 A-804 July 1999 64 FR 40555,  
July 27,1999 
29.Certain Cut-to-
Length Carbon-Quality Steel Plate F A-427-816 64 FR73143, 
December 29,1999 A-816 February 2000 65 FR 6585,  
February 10, 2000 
30.Certain Cut-to-Length Carbon-Quality Steel Plate I A-475-826 64 FR73234, 
December 29,1999 A-819 February 2000 65 FR 6585,  
February 10, 2000 
31.Certain Pasta I A-475-818 61 FR30326,  
June 14, 1996 (amended by 66 FR65889, 
December 21,2001) A-734 July 1996 61 FR38547  
July 24, 1996   
  WT/DS294/R 
 Page A-23 
 
 
  United States- Anti-dumping duties on Imports of  Stainless Steel Wire  Rod  from Sweden 
Specific Case No. 22  
The measure  
This case concerns the imposition of Anti-dumping duties on Stainless Steel Wire Rod from 
Sweden (US case number A-401-806, 63 FR 493 29 of 15 September 1998). The rate of the ad 
valorem  anti-dumping duty was 5.71% for Fage rsta Stainless AB and all others. 
Use of zeroing  
In the United States Department of Commerce’ s investigation of Stainless Steel Wire Rod 
from Sweden, the Department of Commerce (DOC) utilised the same “zeroing” methodology as 
described under Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 5.71% 
for Fagersta Stainless AB while without the zeroi ng methodology (i.e. with the negative unit margins 
included), the dumping margin would have been [-…%] (negative) and the case would have been 
terminated with respect to this exporter. 
 
  
United States- Anti-dumping duties on Imports of Stainless Steel Wi re Rod from Spain 
Specific Case No. 23  
The measure  
This case concerns the imposition of Anti-dumping duties on Stainless Steel Wire Rod from 
Spain (US case number A-469-807, 63 FR 49330 of 15 September 1998). The rate of the ad valorem  
anti-dumping duty was 4.73% for Roldán SA and all others. 
Use of zeroing  
In the United States Department of Commerce’ s investigation of Stainless Steel Wire Rod 
from Spain, the Department of Commerce (D OC) utilised the same “zeroing” methodology as 
described under Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 4.73% 
for Roldán SA while without the zeroing methodology (i.e. with the negative unit margins included), 
the dumping margin would have been [ …%] (lower)   WT/DS294/R 
Page A-24  
 
  
United States- Anti-dumping duties on Imports of Stainless Steel Wi re Rod from Italy 
Specific Case No. 24  
The measure  
This case concerns the imposition of Anti-dumping duties on Stainless Steel Wire Rod from 
Italy (US case number A-475-820, 63 FR 49327 of 15 September 1998). The rate of the ad valorem  
anti-dumping duty was 12.72% for Cogne A cciai Speciali Srl and all others. 
Use of zeroing  
In the United States Department of Commerce’ s investigation of Stainless Steel Wire Rod 
from Italy, the Department of Commerce (D OC) utilised the same “zeroing” methodology as 
described under Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 12.72% 
for Cogne Acciai Speciali Srl while without th e zeroing methodology (i.e. with the negative unit 
margins included), the dumping margin would have been [ …%] (lower)  
 
  
United States- Anti-dumping duties on Imports of Stainless Steel Pl ate in Coils from 
Belgium 
Specific Case No. 25  
The measure  
This case concerns the imposition of Anti-dumping duties on Stainless Steel Plate in Coils 
from Belgium (US case number A-423-808, 64 FR 2775 6 of 21 May 1999, amended by 68 FR 20114 
of 24 April 2003). The rate of the ad valorem  anti-dumping duty was 3.84% for ALZ and 9.86% for 
all others. 
Use of zeroing  
In the United States Department of Commerce’s i nvestigation of Stainless Steel Plate in Coils 
from Belgium, the Department of Commerce (DOC ) utilised the same “zeroing” methodology as 
described under Specific Case No. 1. 
Dumping margin without zeroing  
 
 In particular, by using the above methodolog y, DOC calculated a dumping margin of 3.84% 
for ALZ while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been  [ ..%] (lower)     WT/DS294/R 
 Page A-25 
 
 
  United States- Anti-dumping duties on Imports of  Stainless Steel Sheet and Strip in Coils  
from France 
Specific Case No. 26  
The measure  
This case concerns the imposition of Anti-dumping duties on Stainless Steel Sheet and Strip 
in Coils from France (US case number A-427-814, 64 FR 40562 of 27 July 1999). The rate of the ad 
valorem  anti-dumping duty was 9.38% for Usinor and all others. 
Use of zeroing  
In the United States Department of Commerce’ s investigation of Stainless Steel Sheet and 
Strip in Coils from France, the Department of  Commerce (DOC) utilised  the same “zeroing” 
methodology as described under Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 9.38% 
for Usinor while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been  [ …%] (lower)  
 
  
United States- Anti-dumping duties on Imports of  Stainless Steel Sheet and Strip in Coils  
from Italy 
Specific Case No. 27  
The measure  
This case concerns the imposition of Anti-dumping duties on Stainless Steel Sheet and Strip 
in Coils from Italy (US case number A-475-824, 64 FR 40567 of 27 July 1999). The rate of the ad 
valorem  anti-dumping duty was 11.23% for Acciai Spaciali Terni SpA and all others. 
Use of zeroing  
In the United States Department of Commerce’ s investigation of Stainless Steel Sheet and 
Strip in Coils from Italy, the Department of Commerce (DOC) utilised the same “zeroing” 
methodology as described under Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 11.23% 
for Acciai Spaciali Terni SpA while without the zeroing methodology (i.e. with the negative unit 
margins included), the dumping margin would have been  [..%] (lower)  
  WT/DS294/R 
Page A-26  
 
 United States- Anti-dumping duties on Imports of  Stainless Steel Sheet and Strip in Coils  
from the UK 
Specific Case No. 28  
The measure  
This case concerns the imposition of Anti-dumping duties on Stainless Steel Sheet and Strip 
in Coils from the UK (US case number A-412-818, 64 FR 40555 of 27 July 1999). The rate of the ad 
valorem  anti-dumping duty was 14.84% for Avesta Sheffield and all others. 
Use of zeroing  
In the United States Department of Commerce’ s investigation of Stainless Steel Sheet and 
Strip in Coils from the UK, the Department of Commerce (DOC) utilised the same “zeroing” 
methodology as described under Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 14.84% 
for Avesta Sheffield while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been  [ ..%] (lower)  
 
  
United States- Anti-dumping duties on Imports  of Certain Cut-to-Length Carbon-Quality 
Steel Plate  from France 
Specific Case No. 29  
The measure  
This case concerns the imposition of Anti- dumping duties on Certain Cut-to-Length Carbon-
Quality Steel Plate from France (US case number A-427-816, 65 FR 6585 of 10  February 2000). The 
rate of the ad valorem  anti-dumping duty was 10.41% for Usinor and all others. 
Use of zeroing  
In the United States Departme nt of Commerce’s investigation of Certain Cut-to-Length 
Carbon-Quality Steel Plate from France, the Depa rtment of Commerce (D OC) utilised the same 
“zeroing” methodology as described under Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 10.41% 
for Usinor while without the zeroing methodology (i.e. with the negative unit margins included), the 
dumping margin would have been  […%] (lower)  
    WT/DS294/R 
 Page A-27 
 
 
  United States- Anti-dumping duties on Imports  of Certain Cut-to-Length Carbon-Quality 
Steel Plate  from Italy 
Specific Case No. 30  
The measure  
This case concerns the imposition of Anti- dumping duties on Certain Cut-to-Length Carbon-
Quality Steel Plate from Italy (US case number A-475-826, 65 FR 6585 of 10 February 2000). The 
rate of the ad valorem  anti-dumping duty was 7.85% for Palini and Bertoli SpA and all others. 
Use of zeroing  
In the United States Departme nt of Commerce’s investigation of Certain Cut-to-Length 
Carbon-Quality Steel Plate from Italy, the Depa rtment of Commerce (DOC) utilised the same 
“zeroing” methodology as described under Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodolog y, DOC calculated a dumping margin of 7.85% 
for Palini and Bertoli SpA while without the zeroi ng methodology (i.e. with the negative unit margins 
included), the dumping margin would have been  [ ..%] (lower) 
 
  
United States- Anti-dumping duties on Im ports of Certain Pasta from Italy 
Specific Case No. 31  
The measure  
This case concerns the imposition of Anti-dumping duties on Certain Pasta from Italy (US 
case number A-475-818, 61 FR 38547 of 24 July 1996). The rates of the ad valorem  anti-dumping 
duty were 21.34% for Italpasta , 14.78% for La Molisana, 12.41% for Liguori, 18.30% for Pagani and 12.09% for all others . 
Use of zeroing
 
In the United States Department of Commerce’s investigation Certain Pasta from Italy, the 
Department of Commerce (DOC) utilised the same “zeroing” methodology as described under 
Specific Case No. 1. 
Dumping margin without zeroing  
  In particular, by using the above methodology, DOC calculated a dumping margin: 
 
- of 21.34% for Italpasta . Without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [..%] (lower).  WT/DS294/R 
Page A-28  
 
 - of 14.78% for La Molisana. Without the zeroing methodology, the dumping margin would have 
been of [..%] (lower)   - of 12.41% for Liguori. Without the zeroing methodology the dumping margin would have been .[..%] (lower). 
 
- of 18.30% for Pagani. Without the zeroing methodology the dumping margin would have been [..%] (lower).   WT/DS294/R 
 Page A-29 
 
 
   
 
ANNEX A-2 
 
 
REQUEST FOR THE ESTABLISHME NT OF A PANEL BY THE 
EUROPEAN COMMUNITIES 
 
  
 
WORLD TRADE  
ORGANIZATION  WT/DS294/7/Rev.1 
19 February 2004  
 
(04-0708) 
 Original:   English 
   
UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY 
FOR CALCULATING DUMPING MARGINS ("ZEROING") 
 
Request for the Establishment of a Panel by the European Communities
 
 
Revision  
   The following communication, dated 16 February  2004, from the delegation of the European 
Commission to the Chairman of the Dispute Settlement  Body, is circulated pursuant to Article 6.2 of 
the DSU. 
 
_______________ 
 
 
1. Consultations
 
 
 On 12 June 2003 and 8 September 2003, the Eu ropean Communities requested consultations 
with the United States of America (the "United States") under Article 4 of  the Understanding on Rules 
and Procedures Governing the Settlement of Disput es (the "DSU"); Article XXII:1 of the General 
Agreement on Tariffs and Trade 1994 (the "GA TT 1994"); and Articles 17.2 and 17.3 of the 
Agreement on implementation of Article VI of th e General Agreement on Tariffs and Trade 1994 (the 
"AD Agreement ") with regard to the laws, regulati ons and methodologies for calculating dumping 
margins including zeroing practices1. Consultations were held on 17 July 2003 and 6 October 2003. 
They have allowed a better understa nding of the respective positions of the parties, but have not led to 
a satisfactory resolution of the matter.  
                                                     
 
1 WT/DS294/1 of 19 June 2003 and WT/DS294/1/Add.1 of 15 September 2003. WT/DS294/R 
Page A-30  
 
 2. Summary of facts
 
 
 In anti-dumping proceedings the United States uses the following methodologies to establish 
the dumping margin.  
 In original investigations, the United States identifies sub-groups of products within the 
product under investigation ("averaging groups") on a per model basis as well as on the basis of other 
criteria such as the level of trade. Within each of the averaging groups, a weighted average export 
price is established and compared to the correspondi ng weighted average normal value. The results of 
these comparisons on an "averaging group" basis are a dded up to establish the dumping margin of the 
product under investigation as a whole;  however, in this process, any negative margins or amounts of 
"dumping" resulting from the comparison of weighted  average normal values with weighted average 
export prices on an "averaging group" basis are put at zero. As a result, the United States calculates a margin and amount of dumping in excess of th e actual dumping practised by the companies 
concerned.  
 
 In administrative review investigations, th e United States determines the margin of dumping 
on the basis of a comparison of a weighted average normal value for each "averaging group"  and individual export prices (the United States does not establish weighted average export prices in administrative review investigations). Here again, when adding up the results of the comparisons to 
determine the total amount or marg in of dumping of the product under investigation, the United States 
puts at zero any negative amounts of "dumping". As a result, the United States calculates a margin of 
dumping and collects an amount of anti-dumping duty in excess of the actual dumping practised by the companies concerned. The Unite d States uses this methodology systematically in all reviews 
including so-called newcomer review investigations (Article 9.5 of the AD Agreement ), changed 
circumstances review investigations (Article 11.2 of the AD Agreement ) and sunset review 
investigations (Article 11.3 of the AD Agreement ).  
  These calculation methodologies are applied pursu ant, in particular, to the following United 
States laws, regulations, administrative procedures and measures:  – the Tariff Act of 1930, as amended (the "Act"), including the Statement of Administrative 
Action (the "SAA"), in particular Title VII and sections 731, 751, 771(35)(A), 771(35)(B) and 
777(A)(d); 
 – the implementing regulation
2 of the United States Department of Commerce (the "DOC"), in 
particular section 351.414(c)(2); and 
 
– the Import Administration Antidumping Ma nual (1997 edition) (the "IA AD Manual") 
including the computer program(s) to which it refers. 
  The calculation methodologies described above were respectively applied in the determinations of dumping by the DOC in the original  investigations listed in annex I and in the final 
results of the anti-dumping administrative re view investigations listed in annex II. 
 
3. Claims
 
 
3.1 As such claims  
 
 The European Communities considers that  the above-mentioned United States laws, 
regulations, administrative procedures, measure s and methodologies for determining the dumping 
                                                      
2 19 CFR Section 351.  WT/DS294/R 
 Page A-31 
 
 
  margin in original investigations and review investig ations are inconsistent with several provisions of 
the AD Agreement , GATT 1994 and the Marrakesh Agreem ent establishing the World Trade 
Organization , for the following reasons:  (a) in original investigations, the United States puts at zero the negative margins or amounts of 
"dumping" resulting from the comparison of weighted average normal values with weighted 
average export prices within the averaging gro ups. As a result, the United States calculates a 
margin and amount of dumping in excess of the actual dumping practised by the companies concerned. This constitutes a violation of: 
 
•  Articles 2.4
3 and 2.4.24 of the AD Agreement  insofar as the comparison made by the 
United States is inconsistent with those provisions; 
 
•  Article 5.8 of the AD Agreement  insofar as a de minimis  dumping margin is 
erroneously determined to be not de minimis ; 
  
•  Articles 9.1 and 9.3 of the AD Agreement  insofar as there is as a result the imposition 
and collection of an anti-dumping duty in excess of the margin or amount of dumping 
as determined pursuant to Article 2 of the AD Agreement ; 
 
•  Articles 1 and 2.1 of the AD Agreement  and Articles VI:1 and VI:2 of the GATT 
1994 insofar as there is as a result the imposition and collection of an anti-dumping duty which is inconsistent with the AD Agreement ; and consequently of 
 
•  Article XVI:4 of the Marrakesh Ag reement establishing the World Trade 
Organization and Article 18.4 of the AD Agreement  insofar as the United States has 
not taken all necessary steps, of a general or  particular character, to ensure the 
conformity of its laws, regulations and ad ministrative procedures with the provisions 
of GATT 1994 and the AD Agreement . 
 (b) in review investigations, the United States systematically determines the margin of dumping 
on the basis of a comparison of a weighted average normal value and individual export prices 
and puts at zero the negative amounts of "dumping" .  As a result, the United States calculates 
a margin of dumping and collects an amount of anti-dumping duty in excess of the actual dumping practised by the companies concerned. This constitutes a violation of: 
 
•  Articles 2.4 and 2.4.2 of the AD Agreement
5 insofar as the comparison made by the 
United States is inconsistent with those provisions; 
 
•  Articles 9.1 and 9.3 of the AD Agreement  insofar as there is as a result the imposition 
and collection of an anti-dumping duty in excess of the margin of dumping determined pursuant to Article 2 of the AD Agreement ; 
                                                     
 
3 "A fair comparison shall be made between the export price and the normal value ." 
4 "Subject to the provisions governing fair comparis on in paragraph 4, the existence of margins of 
dumping during the investigation phase shall normally be established on the basis of a comparison of a weighted 
average normal value with a weighted average of pri ces of all comparable expo rt transactions or by a 
comparison of normal value and export prices on a transaction-to-transaction basis. A normal value established on a weighted average basis may be compared to prices of individual export transactions if the authorities find a 
pattern of export prices which differ significantly among different purchasers, regions or time periods, and if an 
explanation is provided as to why such differences ca nnot be taken into account appr opriately by the use of a 
weighted average-to-weighte d average or transaction-to -transaction comparison." 
5 See footnotes 3 and 4. WT/DS294/R 
Page A-32  
 
  
•  Articles 9.5 and 11 (including Articles 11.2 and 11.3) of the AD Agreement  insofar as 
the determinations of dumping in review  investigations contemplated by these 
provisions are not made in compliance with Articles 2.4 and 2.4.2 of the AD 
Agreement ; 
 
•  Articles 1 and 2.1 of the AD Agreement  and Articles VI:1 and VI:2 of the GATT 
1994 insofar as there is as a result the imposition and collection of an anti-dumping duty which is inconsistent with the AD Agreement ; and consequently of 
 
•  Article XVI:4 of the Marrakesh Ag reement establishing the World Trade 
Organization and Article 18.4 of the AD Agreement  insofar as the United States has 
not taken all necessary steps, of a general or  particular character, to ensure the 
conformity of its laws, regulations and ad ministrative procedures with the provisions 
of GATT 1994 and the AD Agreement . 
 
3.2 As applied claims
 
  In the specific anti-dumping proceedings anne xed to the present request, the United States 
applied the methodologies and the laws, regulat ions, administrative procedures and measures 
described under point 2 above. In consequence,  the European Communities considers that the 
determinations of dumping by DOC , the determinations of injury by the United States International 
Trade Commission, the imposition of definitive duties in the original investigations and the outcome 
of the administrative review investigations as deta iled in the annexes are inconsistent with the AD 
Agreement,   GATT 1994 and the Marrakesh Agreement est ablishing the World Trade Organization as 
follows:  (a) in the original investigations:  
•  Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.1 and 9.3 of the AD Agreement  and Articles VI:1 and 
VI:2 of the GATT 1994, for the reasons set out under point 3.1(a) above; 
 
•  Article 3, including Articles 3.1, 3.2 and 3.5, of the AD Agreement  insofar as the 
volume of "dumped imports" for the inju ry and causality determinations is 
determined on the basis of margins of dumping in excess of the actual margin of 
dumping of the companies concerned, with the result that imports from certain 
companies which should be excluded because of de minimis dumping margins are 
erroneously included in the "dum ped imports"; and consequently 
 
•  Article XVI:4 of the Marrakesh Ag reement establishing the World Trade 
Organization and Article 18.4 of the AD Agreement , for the reasons set out under 
point 3.1(a) above. 
 
(b) in the administrative review investigations: Articles 1, 2.1 2.4, 2.4.2, 9.1, 9.3, and 11 
(including Article 11.2) of the AD Agreement  and Articles VI:1 and VI:2 of the GATT 1994, 
and consequently Article XVI:4 of the Marra kesh Agreement establishing the World Trade 
Organization and Article 18.4 of the AD Agreement , for the reasons set out under point 3.1(b) 
above. 
  WT/DS294/R 
 Page A-33 
 
 
  4. Request  
 
 The European Communities hereby respectfully re quests that a panel be established, with the 
standard terms of reference, by the Dispute Settl ement Body pursuant to Articles 4.7 and 6 of the 
DSU, Article XXIII of GATT 1994, and Article 17.4 the AD Agreement.   The European Communities 
asks that this request be placed on the agenda of  the meeting of the Dispute Settlement Body on 
17 February 2004.   
 WT/DS294/R 
Page A-34 ANNEX I 
IMPOSITION OF ANTI-DUMPING DUTY 
Product MS DOC Case 
Number DOC Final Determination ITC Case 
Number ITC Determination AD Order 
1.  Certain hot-rolled 
carbon steel NL A-421-807 66 FR 50408, October 3, 2001 
(amended:  66 FR 55637, 
November 2, 2001) A-903 November 2001 66 FR 59565, 
November 29, 2001 
2.  Stainless steel bar F A-427-820 67 FR 3143, January 23, 2002 A-913 Febr uary 2002 67 FR 10385, 
March 7, 2002 
3.  Stainless steel bar G A-428-830 67 FR 3159, January 23, 2002 
(amended:  67 FR 10382, March 7, 2002) A-914 February 2002 67 FR 10382, 
March 7, 2002 
4.  Stainless steel bar I A-475-829 67 FR 3155, January 23, 2002 
(amended:  67 FR 8228, February 22, 2002) A-915 February 2002 67 FR 10384, 
March 7, 2002 
5.  Stainless steel bar UK A-412-822 67 FR 3146, January 23, 2002 A-918 February 2002 67 FR 10381, March 7, 2002 
6.  Stainless Steel Wire 
Rod SW A-401-806 63 FR40449,  July 29,1998 A-774 September 1998 63 FR49329, 
September 15, 1998  
7.  Stainless Steel Wire Rod E A-469-807 63 FR40391, July 29,1998 A-773 September 1998 63 FR 49330,  
September 15, 1998 
8. Stainless Steel Wire Rod I A-475-820 63 FR40422, July 29,1998 A-770 September 1998 63 FR 49327,  
September 15, 1998 
9.Certain Stainless Steel Plate in Coils B A-423-808 64 FR15476, March 31, 1999 A-788 May 1999 64 FR 27756,  
May 21, 1999 (amended by 68 FR 20114 April 24, 2003) 
10. Stainless Steel Sheet and Strip in Coils F A-427-814 64 FR30820, June 8, 1999 A-797 July 1999 64 FR 40562,  
July 27, 1999 
11. Stainless Steel Sheet and Strip in Coils I A-475-824 64 FR30750, June 8, 1999 A-799 July 1999 64 FR 40567,  
July 27, 1999 
12. Stainless Steel Sheet and Strip in Coils UK A-412-818 64 FR30688, June 8,1999 A-804 July 1999 64 FR 40555,  
July 27,1999 
13. Certain Cut-to-Length Carbon-Quality 
Steel Plate F A-427-816 64 FR73143, December 
29,1999 A-816 February 2000 65 FR 6585,  
February 10, 2000 
14. Certain Cut-to-
Length Carbon-Quality 
Steel Plate I A-475-826 64 FR73234, December 
29,1999 A-819 February 2000 65 FR 6585,  
February 10, 2000  
  WT/DS294/R
 Page A-35
 ANNEX I 
IMPOSITION OF ANTI-DUMPING DUTY 
Product MS DOC Case 
Number DOC Final Determination ITC Case 
Number ITC Determination AD Order 
 
15. Certain Pasta I A-475-818 61 FR30326, June 14, 1996 
(amended by 66 FR65889, December 21,2001) A-734 July 1996 61 FR38547  
July 24, 1996  
 
 WT/DS294/R 
Page A-36  
 
 United States – Anti-Dumping Duties on Imports of Certain Hot-Rolled 
Carbon Steel Flat Products from the Netherlands 
 
Specific Case No. l
 
 
 
The measure  
  This case concerns the imposition of anti-dumping duties on Certain Hot-Rolled Carbon Steel Flat products from the Netherlands (US case number  A-421-807, 66 FR 59565 of 29 November 2001). 
The rate of the ad valorem  anti-dumping duty was 2.59% for Corus Staal BV and all others. 
 Dumping margin without zeroing
 
  DOC calculated a dumping margin of 2.59% wh ile without the zeroing methodology (i.e. with 
the negative unit margins included), the dumping margin  would have been [– ..%] (negative) and the 
case would have been terminated.   
United States – Anti-Dumping Duties on Imports of Stainless Steel Bar from France 
 
Specific Case No. 2
 
  The measure
 
 
 This case concerns the imposition of anti-dumping duties on Stainless Steel Bar from France 
(US case number A-427-820, 67 FR 10385 of 7 March 2002). The rates of the ad valorem  
anti-dumping duty were 71.83% for Aubert & Duval S.A, 3.90% for Ugine-Savoie Imphy and all others.  Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 3.90% for Ugine-Savoie Imphy SA while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [- ..%] (negative) and the case would have b een terminated with respect to this exporter. 
 
 
United States – Anti-Dumping Duties on Imports of Stainless Steel Bar from Germany 
 
Specific Case No. 3
 
  
The measure
 
  This case concerns the imposition of anti-dumping duties on Stainless Steel Bar from Germany (US case number A-428-830, 67 FR 10 382 of 7 March 2002).  The rates of the ad valorem  
anti-dumping duty were 13.63% for BGH, 4.17% for Einsal, 15.40% for EWK, 32.32% for KEP and 
16.96% for all others . 
  WT/DS294/R 
 Page A-37 
 
 
  Dumping margin without zeroing  
  DOC calculated a dumping margin:  – of 13.63% for BGH. Without the zeroing methodology (i.e. with the negative unit margins 
included), the dumping margin would have been [..%] (lower). 
 – of 4.17% for Einsal. Without the zeroing methodology, the dumping margin would have been 
of [..%] ( de minimis ) and the case would have been termin ated with respect to this exporter . 
 
– of 15.40% for EWK. Without the zeroing methodology the dumping margin would have been 
[..%] (lower). 
 – of 32.32% for KEP. Without the zeroing met hodology the dumping margin would have been 
[..%] (lower). 
 
 
United States – Anti-Dumping Duties on Imports of Stainless Steel Bar from Italy 
 
Specific Case No. 4
 
 
 
The measure  
  This case concerns the imposition of anti-dumping duties on Stainless Steel Bar from Italy (US case number A-475-829, 67 FR 10384 of 7 March 2002). The rates of the ad valorem  
anti-dumping duty were 2.50% for Acciaierie Valb runa Srl/Acciaierie Bolzano D.p.A, 7.07% for 
Acciaiera Foroni SpA, 3.83% for Rodacciai S.p.A,  33% for Cogne Acciai Speciali Srl and 3.81% for 
all others.  Dumping margin without zeroing
 
 
 DOC calculated a dumping margin: 
 – of 2.50% for Acciaierie Valbruna Srl/Acci aierie Bolzano S.p.A. Without the zeroing 
methodology (i.e. with the negative unit margin s included), the dumping margin would have 
been [-..%] (negative) and the case would have been  terminated with respect to this exporter. 
 
– of 7.07% for Acciaiera Foroni Spa. Without the zeroing methodology the dumping margin 
would have been [..%] (lower). 
 – of 3.83% for Rodacciai SpA. Without the zeroing methodology the dumping margin would 
have been [...%] (lower). 
 
 WT/DS294/R 
Page A-38  
 
 United States – Anti-Dumping Duties on Imports of Stainless Steel Bar 
from the United Kingdom 
 
Specific Case No. 5
 
 
 
The measure  
  This case concerns the imposition of anti-dumping duties on Stainless Steel Bar from the United Kingdom (US case number A-412-822, 67 FR  10381 of 7 March 2002).  The rates of the 
ad valorem  anti-dumping duty were 4.48% for Corus Engineering Steels, Ltd, 125.77% for 
Crownridge Stainless Steel, Ltd/Valkia Ltd and Fi rth Rixson Special Steels, Ltd and 4.48% for all 
others.  Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 4.48% for Corus Engineering Steels, Ltd while without the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [- ...%] (negative) and the case would have  been terminated with r espect to this exporter. 
  
United States – Anti-Dumping Duties on Imports of Stainless Steel Wire Rod 
from Sweden 
 
Specific Case No. 6
 
 
 
The measure  
 This case concerns the imposition of anti-dumping duties on Stainless Steel Wire Rod from 
Sweden (US case number A-401-806, 63 FR 493 29 of 15 September 1998). The rate of the ad 
valorem  anti-dumping duty was 5.71% for Fage rsta Stainless AB and all others. 
Dumping margin without zeroing
 
  DOC calculated a dumping margin of 5.71% for Fagersta Stainless AB while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [-…%] (negative) and the case would have been  terminated with respect to this exporter. 
 
 
United States – Anti-Dumping Duties on Imports of Stainless Steel Wire Rod 
from Spain 
 
Specific Case No. 7
 
 
 
The measure  
 This case concerns the imposition of anti-dumping duties on Stainless Steel Wire Rod from 
Spain (US case number A-469-807, 63 FR 49330 of 15 September 1998). The rate of the ad valorem  
anti-dumping duty was 4.73% for Roldán SA and all others.   WT/DS294/R 
 Page A-39 
 
 
  Dumping margin without zeroing  
  DOC calculated a dumping margin of 4.73% for Roldán SA while without the zeroing 
methodology (i.e. with the negative unit margins included), the dumping margin would have been 
[ …%] (lower).  
 
 
United States – Anti-Dumping Duties on Imports of Stainless Steel Wire Rod 
from Italy 
 
Specific Case No. 8
 
  
The measure
 
 
This case concerns the imposition of anti-dumping duties on Stainless Steel Wire Rod from 
Italy (US case number A-475-820, 63 FR 49327 of 15 September 1998). The rate of the ad valorem  
anti-dumping duty was 12.72% for Cogne A cciai Speciali Srl and all others. 
 Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 12.72% for Cogne Acciai Speciali Srl while without the 
zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [ …%] (lower).    
United States – Anti-Dumping Duties on Imports of Stainless Steel Plate in Coils 
from Belgium 
 
Specific Case No. 9
 
  
The measure
 
 
This case concerns the imposition of anti-dumping duties on Stainless Steel Plate in Coils 
from Belgium (US case number A-423-808, 64 FR 27756 of 21 May 1999, amended by 68 FR 20114 of 24 April 2003). The rate of the ad valorem  anti-dumping duty was 3.84% for ALZ and 9.86% for 
all others. 
 Dumping margin without zeroing
 
  DOC calculated a dumping margin of 3.84% for ALZ while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [ ..%] (lower).  
 
 WT/DS294/R 
Page A-40  
 
 United States – Anti-Dumping Duties on Imports of Stainless Steel Sheet 
and Strip in Coils from France 
 
Specific Case No. 10
 
 
 
The measure  
 
This case concerns the imposition of anti-dumping duties on Stainless Steel Sheet and Strip in 
Coils from France (US case number A-427-814, 64 FR 40562 of 27 July 1999). The rate of the 
ad valorem  anti-dumping duty was 9.38% for Usinor and all others. 
 Dumping margin without zeroing
 
  DOC calculated a dumping margin of 9.38% for Usinor while without the zeroing 
methodology (i.e. with the negative unit margins included), the dumping margin would have been 
[ …%] (lower).    
United States – Anti-Dumping Duties on Imports of Stainless Steel Sheet 
and Strip in Coils from Italy 
 
Specific Case No. 11
 
  The measure
 
 
This case concerns the imposition of anti-dumping duties on Stainless Steel Sheet and Strip in 
Coils from Italy (US case number A-475-824, 64 FR 40567 of 27 July 1999). The rate of the ad valorem  anti-dumping duty was 11.23% for Acciai Spaciali Terni SpA and all others. 
 Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 11.23% fo r Acciai Spaciali Terni SpA while without the 
zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [..%] (lower).   
 
United States – Anti-Dumping Duties on Imports of Stainless Steel Sheet 
and Strip in Coils from the UK 
 
Specific Case No. 12
 
 
 
The measure  
 This case concerns the imposition of anti-dumping duties on Stainless Steel Sheet and Strip in 
Coils from the UK (US case number A-412-818, 64 FR  40555 of 27 July 1999). The rate of the 
ad valorem  anti-dumping duty was 14.84% for Avesta Sheffield and all others. 
  WT/DS294/R 
 Page A-41 
 
 
  Dumping margin without zeroing  
  DOC calculated a dumping margin of 14.84% for Avesta Sheffield while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been 
[ ..%] (lower).  
 
United States – Anti-Dumping Duties on Imports of Certain Cut-to-Length 
Carbon-Quality Steel Plate from France 
 
Specific Case No. 13
 
 
The measure  
 This case concerns the imposition of anti-dum ping duties on Certain Cut-to-Length Carbon-
Quality Steel Plate from France (US case number A- 427-816, 65 FR 6585 of 10  February 2000). The 
rate of the ad valorem  anti-dumping duty was 10.41% for Usinor and all others. 
 Dumping margin without zeroing
 
  DOC calculated a dumping margin of 10.41% for Usinor while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been 
[…%] (lower).  
  
United States – Anti-Dumping Duties on Imports of Certain Cut-to-Length 
Carbon-Quality Steel Plate from Italy 
 
Specific Case No. 14
 
  The measure
 
 
This case concerns the imposition of anti-dum ping duties on Certain Cut-to-Length Carbon-
Quality Steel Plate from Italy (US case number A- 475-826, 65 FR 6585 of 10  February 2000). The 
rate of the ad valorem  anti-dumping duty was 7.85% for Palini and Bertoli SpA and all others. 
 Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 7.85% fo r Palini and Bertoli SpA while without the 
zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [ ..%] (lower).   
United States – Anti-Dumping Duties on Imports of Certain Pasta from Italy 
 
Specific Case No. 15
 
  
The measure
 
 This case concerns the imposition of anti-dum ping duties on Certain Pasta from Italy (US case 
number A-475-818, 61 FR 38547 of 24 July 1996). The rates of the ad valorem  anti-dumping duty 
were 21.34% for Italpasta, 14.78% for La Molisana, 12.41% for Liguori, 18.30% for Pagani and 
12.09% for all others . WT/DS294/R 
Page A-42  
 
  
Dumping margin without zeroing
 
  DOC calculated a dumping margin:  
– of 21.34% for Italpasta.  Without the zeroing methodology (i.e. with the negative unit margins 
included), the dumping margin would have been [..%] (lower). 
 – of 14.78% for La Molisana. Without the zeroing methodology, the dumping margin would 
have been of [..%] (lower).  
 
– of 12.41% for Liguori. Without the zeroing methodology the dumping margin would have 
been .[..%] (lower). 
 – of 18.30% for Pagani. Without the zeroing methodology the dumping margin would have 
been [..%] (lower). 
  
  WT/DS294/R
 Page A-43
 ANNEX II 
ADMINISTRATIVE REVIEWS 
Product MS No Case Final Results Amended Final 
Results Company Dumping 
Margin Period covered by the 
Review 
16.  Industrial 
Nitrocellulose F A-427-009 66 FR 54213, 
October 26, 2001 
  Bergerac NC 3.26% 1 August 99-31 July 00 
17.  Industrial 
Nitrocellulose UK A-412-803 67 FR 77747, 
December 19, 2002 
  Imperial Chemical 
Industries 3.06% 1 July 00-30 June 01 
18.  Stainless steel plate in 
coils B A-423-808 67 FR 64352, 
October 18, 2002  ALZ NV & 
TrefilARBED (affiliated US importer)  3.84% 1 May 00-30 April 01 
19.  Certain pasta I A-475-818 66 FR 300, 
January 3, 2002 67 FR 5088, 
February 4, 2002 Ferrara 
Pallante 
PAM 
 1.25% 
1.78% 
4.10% 1 July 99-30 June 00 
20.  Certain pasta I A-475-818 68 FR 6882, 
February 11, 2003   Pastifi Garofalo 0.55% 1 July 00-30 June 01 
21.  Stainless steel sheet 
strip coils I A-475-824 67 FR 1715, 
January 14, 2002   Acciai Speciali 
Terni SpA 0.66% 4 January 99-30 June 00 
22.  Stainless steel sheet 
strip coils I A-475-824 68 FR 6719, 
February 10, 2003 
  Acciai Speciali 
Terni SpA 5.84% 1 July 00-30 June 01 
23.  Granular 
polytetrafluoenthylene I A-475-703 67 FR 1960, 
January 15, 2002 
   Ausimont SpA 2.15% 1 August 99-31 July 00 
24.  Granular 
polytetrafluoenthylene I A-475-703 68 FR 2007, 
January 15, 2003   Ausimont SpA 12.08% 1 August 00-31 July 01 
25.  Stainless steel sheet 
strip coils F A-427-814 67 FR 6493, 
February 12, 2002  67 FR 12522, 
March 19, 2002 Ugine 3.00% 4 January 99-30 June 00  
 WT/DS294/R 
Page A-44 ANNEX II 
ADMINISTRATIVE REVIEWS 
Product MS No Case Final Results Amended Final 
Results Company Dumping 
Margin Period covered by the 
Review 
 
26.  Stainless steel sheet 
strip coils F A-427-814 67 FR 78773, 
December 26, 2002 
 68 FR 4171, 
January 28, 2003 Ugine 1.44% 1 July 00-30 June 01 
27.  Stainless steel sheet 
strip coils G A-428-825 67 FR 7668, 
February 20, 2002 
 67 FR 15178, 
March 29, 2002 KTN 2.61% 4 January 99-30 June 00 
28.  Stainless steel sheet 
strip coils G A-428-825 68 FR 6716, 
February 10, 2003  68 FR 14193, 
March 24, 2003 TKN 4.74% 1 July 00-30 June 01 
29.  Ball bearings F A-427-801 67 FR 55780, 
August 30, 2002   SKF France SA 
and Sarma 8.51% 1 May 00-30 April 01 
30.  Ball bearings I A-475-801 67 FR 55780, 
August 30, 2002   FAG Italia SpA 
SKF Industrie SpA 1.42% 
3.70% 1 May 00-30 April 01 
31.  Ball bearings UK A-412-801 67 FR 55780, 
August 30, 2002 
  NSK Bearings 
Europe Ltd 
The Barden 
Corporation UK 16.87% 
 
3.87% 1 May 00-30 April 01 
 
  WT/DS294/R 
 Page A-45 
 
 
 United States – Anti-Dumping Administrative Review on Imports 
of Industrial Nitrocellulose from France 
 
Specific Case No. 16  
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Industrial 
Nitrocellulose from France, produced and exported by Bergerac NC. (US case number A-427-009, 
66 FR 54213 of 26 October 2001). The period of revi ew is 1 August 1999 through 31 July 2000 and 
the rate of anti-dumping duty for Bergerac NC was 3.26% ad valorem. 
 Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 3. 26% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dumping margin would have been [...%] (lower). 
  
United States – Anti-Dumping Administrative Review on Imports 
of Industrial Nitrocellulose from the United Kingdom 
 
Specific Case No. 17
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Industrial 
Nitrocellulose from the United Kingdom, produced a nd exported by Imperial Chemical Industries 
PLC.  (US case number A-412-803, 67 FR 77747 of  19 December 2002). The period of review is 
1 July 2000 through 30 June 2001 and the rate of an ti-dumping duty for Imperial Chemical Industries 
was 3.06% ad valorem. 
 
Dumping margin without zeroing  
  DOC calculated a dumping margin of 3.06% while without the zeroing methodology (i.e. with the negative unit margins included), the dumpi ng margin would have been [- …%] (negative) 
and no anti-dumping duty would have been collected. 
  
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Plate in Coils from Belgium 
 
Specific Case No. 18
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Stainless Steel Plate 
in Coils from Belgium, produced and exported by ALZ NV (US case number A-423-808, 67 FR 64352 of 18 October 2002). The period of review  is 1 May 2000 through 30 April 2001 and the 
rate of anti-dumping duty for ALZ NV was 3.84% ad valorem. 
 WT/DS294/R 
Page A-46  
 
 Dumping margin without zeroing
 
  DOC calculated a dumping margin of 3. 84% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dum ping margin would have been [- ..%] (negative) 
and no anti-dumping duty would have been collected. 
 
 
United States – Anti-Dumping Administrative Review on Certain Pasta from Italy 
 
Specific Case No. 19
 
 
 The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Certain Pasta from 
Italy, produced and exported by Pastificio Guido Fe rrara S.r.L. (Ferrara), Pastificio Antonio Pallante 
S.r.L. (Pallante) and PAM S.r.L. (PAM). (US case number A-475-818, 66 FR 300 of 3 January 2002, 
67 FR 5088 of 4 February 2002). The period of revi ew is 1 July 1999 through 30 June 2000 and the 
rate of anti-dumping duty was, ad valorem , 1.25% for Ferrara, 1.78% for Pallante, 4.10% for PAM. 
 Dumping margin without zeroing
 
 
 DOC calculated for Ferrara a dumping margin of 1.25% while without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been 
[...%] (lower).  
 As for Pallante, DOC calculated a dumping margin of 1.78%, while without the zeroing 
methodology (i.e. the negative unit margins included), the dumping margin would have been [...%] 
(lower).   As for PAM, DOC calculated a dumping margin of 4.10%, while without the zeroing methodology (i.e. the negative unit margins incl uded), the dumping margin would have been 
de minimis .  
  
United States – Anti-Dumping Administrative Review on Certain Pasta from Italy 
 
Specific Case No. 20
 
  The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Certain Pasta from 
Italy, produced and exported by Pastificio Ga rofalo S.p.A. (US case number A-475-818, 68 FR 6882 
of 11 February 2003). The period of review is 1 Ju ly 2000 through 30 June 2001 and the rate of anti-
dumping duty was 0.55% ad valorem. 
 Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 0. 55% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dumping margin would have been [...%] (lower). 
   WT/DS294/R 
 Page A-47 
 
 
 United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet Strip in Coils from Italy 
 
Specific Case No. 21  
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet Strip in Coils from Italy, produced and exporte d by Acciai Speciali Terni SpA (US case number 
A-475-824, 67 FR 1715 of 14 January 2002).  The peri od of review is 4 January 1999 through 30 June 
2000 and the rate of anti-dumping duty for Acciai Speciali Terni SpA was 0.66% ad valorem. 
 Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 0. 66% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dumping margin would have been [-…%] (negative) 
and no anti-dumping duty would have been collected.   
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet Strip in Coils from Italy 
 
Specific Case No. 22
 
  
The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet Strip in Coils from Italy, produced and exporte d by Acciai Speciali Terni SpA (US case number 
A-475-824, 68 FR 6719 of 10 February 2003). The peri od of review is 1 July 2000 through 30 June 
2001 and the rate of anti-dumping duty for Acciai Speciali Terni SpA was 5.84% ad valorem. 
 
Dumping margin without zeroing
 
  DOC calculated a dumping margin of 5. 84% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dumping margin would have been [- …%] 
(negative). 
  
United States – Anti-dumping Administrative Review on Imports 
of Granular Polytetrafluoroe nthylene Resin from Italy 
 
Specific Case No. 23
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Granular 
Polytetrafluoroenthylene resin from Italy, produced  and exported by Ausimont  SpA. (US case number 
A-475-703, 67 FR 1960 of 15 January 2002).  Th e period of review is 1 August 1999 through 
31 July 2000 and the rate of anti-dumping duty for Ausimont SpA SA was 2.15% ad valorem. 
 WT/DS294/R 
Page A-48  
 
 Dumping margin without zeroing
 
  DOC calculated a dumping margin of 2. 15% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dumping margin would have been [...%] (lower). 
 
 
United States – Anti-Dumping Administrative Review on Imports 
of Granular Polytetrafluoroe nthylene Resin from Italy 
 
Specific Case No. 24
 
 
 The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Granular 
Polytetrafluoroenthylene Resin from Italy, produced and exported by Ausimont SpA. (US case 
number A-475-703, 68 FR 2007 of 15 January 2003). Th e period of review is 1 August 2000 through 
31 July 2001 and the rate of anti-dumping duty for Ausimont SpA SA was 12.08% ad valorem. 
 Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 12.08% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dumping margin would have been [...%] (lower). 
  
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet and Strip in Coils from France 
 
Specific Case No. 25
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet and Strip in Coils from France, produced and exported by Ugine (US case number A-427-814, 67 FR 6493 of 12 February 2002, 67 FR 12522 of 19 Ma rch 2002).  The period of review is 4 January 
1999 through 30 June 2000 and the rate of anti-dumping duty for Ugine was 3.00% ad valorem. 
 
Dumping margin without zeroing
 
  DOC calculated a dumping margin of 3. 00% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dumping margin would have been [- …%] 
(negative) and no anti-dumping duty would have been collected. 
 
  WT/DS294/R 
 Page A-49 
 
 
 United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet and Strip in Coils from France 
 
Specific Case No. 26  
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet and Strip in Coils from France, produced and expor ted by Ugine SA (US case number A-427-814, 
67 FR 78773 of 26 December 2002, 68 FR 4171 of 28 January 2003). The period of review is 1 July 
2000 through 30 June 2001 and the rate of anti-dumping duty for Ugine SA was 1.44% ad valorem. 
 Dumping margin without zeroing
 
 
 DOC calculated a dumping margin of 1. 44% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dumping margin would have been [- …%] 
(negative) and no anti-dumping duty would have been collected.   
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet and Strip in Coils from Germany 
 
Specific Case No. 27
 
  
The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet and Strip in Coils from Germany, produced a nd exported by KTN (US case number A-428-825, 
67 FR 7668 of 20 February 2002, 67 FR 15178 of 29 March 2002).  The pe riod of review is 4 January 
1999 through 30 June 2000 and the rate of anti-dumping duty for KTN was 2.61% ad valorem. 
 
Dumping margin without zeroing
 
  DOC calculated a dumping margin of 2. 61% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dum ping margin would have been [– ..%] (negative) 
and no anti-dumping duty would have been collected. 
  
United States – Anti-Dumping Administrative Review on Imports 
of Stainless Steel Sheet and Strip in Coils from Germany 
 
Specific Case No. 28
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Stainless Steel Sheet 
and Strip in Coils from Germany, produced a nd exported by TKN (US case number A-428-825, 
68 FR 6716, February 10, 2003, 68 FR 14193, March 24,  2003).  The period of review is 1 July 2000 
through 30 June 2001 and the rate of anti-dumping duty for TKN was 4.74% ad valorem. 
 WT/DS294/R 
Page A-50  
 
 Dumping margin without zeroing
 
  DOC calculated a dumping margin of 4. 74% while without the zeroing methodology 
(i.e. with the negative unit margins included), the dum ping margin would have been [– ..%] (negative) 
and no anti-dumping duty would have been collected. 
 
 
United States – Anti-Dumping Administrative Review on Imports 
of Ball Bearings from France 
 
Specific Case No. 29
 
  The administrative review
 
 
 This case concerns the administrative review of anti-dumping duties on Ball Bearings from 
France, produced and exported by SKF France SA and Sarma (US case  number A-427-801, 
67 FR 55780 of 30 August 2002). The period of revi ew is 1 May 2000 through 30 April 2001 and the 
rate of anti-dumping duty for SKF France SA and Sarma was 8.51% ad valorem. 
 
Dumping margin without zeroing  
 
 DOC calculated a dumping margin of 8. 51% while without the zeroing methodology 
(i.e. with the negative unit margins included), the du mping margin would have been [-..%] (negative) 
and no anti-dumping duty would have been collected.  
 
United States – Anti-Dumping Administrative Review on Imports 
of Ball Bearings from Italy 
 
Specific Case No. 30
 
 
 
The administrative review  
  This case concerns the administrative review of anti-dumping duties on Ball Bearings from Italy, produced and exported by SKF Industrie Sp A and FAG Italia SpA (US case number A-475-801, 
67 FR 55780 of 30 August 2002). The period of review  is 1 May 2000 through 30 April 2001 and the 
rate of anti-dumping duty was, ad valorem , 3.70% for SKF Industrie SpAand 1.42% for FAG Italia 
SpA. 
 
Dumping margin without zeroing
 
 
 DOC calculated a dumping margin for SKF Indus trie SpA of 3.70% while without the zeroing 
methodology (i.e. with the negative unit margins included), the dumping margin would have been 
[-..%] (negative) and no anti-dumping duty would have been collected.   As for FAG Italia SpA, DOC calculated a dumping margin of 1.42% while without the 
zeroing methodology the dumping margin would have been [– ..%] (negative) and no anti-dumping 
duty would have been collected.   WT/DS294/R 
 Page A-51 
 
 
  
United States – Anti-Dumping Administrative Review on Imports 
of Ball Bearings from the United Kingdom 
 
Specific Case No. 31  
 
 The administrative review
 
  This case concerns the administrative review of anti-dumping duties on Ball Bearings from 
the United Kingdom, produced and exported by NS K Bearings Europe Ltd and the Barden 
Corporation UK (US case number A-412-801, 67 FR 55780 of 30 August 2002).  The period of 
review is 1 May 2000 through 30 April 2001 and the rate of anti-dumping duty was, ad valorem , 
16.87% for NSK Bearings Europe Ltd and 3.87% for the Barden Corporation UK . 
 
Dumping margin without zeroing
 
  DOC calculated for NSK Bearings Europe Lt d a dumping margin of 16.87% while without 
the zeroing methodology (i.e. with the negative un it margins included), the dumping margin would 
have been [- …%] (negative) and no anti-dumping duty would have been collected.  
 As for the Barden Corporation UK, DOC calculated a dumping margin of 3.87%, while 
without the zeroing methodology (i.e. with the negative unit margins included), the dumping margin would have been [– ..%] (negative) and no anti-dumping duty would have been collected.   
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