. /.   WORLD TRADE  
ORGANIZATION  WT/DS383/1 
G/L/873 
G/ADP/D76/1 
1 December 2008 
 (08-5868) 
 Original:   English 
  
 
UNITED STATES – ANTI-DUMPING MEASURES ON POLYETHYLENE  
RETAIL CARRIER BAGS FROM THAILAND 
 
Request for Consultations by Thailand
 
 
 
 The following communication, dated 26 Novemb er 2008, from the delegation of Thailand to 
the delegation of the United States and to the Chairm an of the Dispute Settlement Body, is circulated 
in accordance with Article 4.4 of the DSU.  
_______________ 
 
  My authorities have instructed me to request  consultations with the Government of the 
United States (the "United States") pursuant to Article 4 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes  (the "DSU"), Article XXIII:1 of the General 
Agreement on Tariffs and Trade  1994 (the "GATT 1994") and Articles 17.2, 17.3 and 17.4 of the 
Agreement on Implementation of Article VI of GATT 1994  (the "Anti-Dumping Agreement") with 
respect to the application by the United States of the practice known as "zeroing" of negative dumping 
margins in the United States' determination of the margins of dumping in its anti-dumping 
investigation of Polyethylene Retail Carrie r Bags from Thailand (Inv. No.A-549-821).   
 
 The final determination in this investigati on was published by the United States Department 
of Commerce ("USDOC") on 18 June 2004
1 (the "Final Determinati on") and an amended final 
determination was published by the USDOC on 15 July 20042 (the "Amended Final Determination").  
Following a final determination of injury by the United States International Trade Commission, the 
United States issued an anti-dumping duty order agai nst imports of Polyethylene Retail Carrier Bags 
from Thailand on 9 August 20043 (the "Order"). 
  Specifically, the Government of the Kingdom of Thailand ("Thailand") requests consultations 
concerning the USDOC's use in the Final Determin ation and Amended Final Determination of the 
practice of "zeroing" negative anti-dumping margin s in calculating overall weighted-average margins 
of dumping in this investigation.  The effect of this practice was to create artificially margins of 
dumping where none would otherwise have been f ound or, at a minimum, to inflate margins of 
dumping.  Thailand considers the USDOC's use of  this practice of "zeroing" in the Final 
Determination, the Amended Fina l Determination, and the Order to be inconsistent with the 
                                                     
 
1 See Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier 
Bags from Thailand , 69 Fed. Reg. 34122, 18 June 2004. 
2 See Notice of Amended Final Determination of Sales at Less Than Fair Value : Polyethylene Retail 
Carrier Bags from Thailand, 69 Fed. Reg. 42419, 15 July 2004. 
3 See Antidumping Duty Order: Polyethylene  Retail Carrier Bags from Thailand , 69 Fed. Reg. 48204, 
9 August 2004. WT/DS383/1 
G/L/873 G/ADP/D76/1 
Page 2 
  
  obligations of the United States under Article VI  of the GATT 1994, and, in particular, under 
Article 2.4.2 of the Anti-Dumping Agreement.  
 I look forward to receiving your reply to this  request, and, in accordance with Article 4.3 of 
the DSU, to selecting a mutually-acceptable date for holding consultations.  Thailand welcomes any 
suggestions that the United States may have con cerning the date and venue  for these consultations. 
 
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