WT/DS382/R 
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ANNEX G 
 
 
REQUESTS FOR CONSULTATIONS AND THE  
ESTABLISHMENT OF A PANEL 
 
 
Contents Page 
Annex G-1 Request for Consultations by Brazil G-2 
Annex G-2 Request for Consulta tions by Brazil - Addendum G-4 
Annex G-3 Request for the Establis hment of a Panel by Brazil G-7 
 WT/DS382/R 
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ANNEX G-1 
 
 
REQUEST FOR CONSULTATIONS BY BRAZIL 
 
 
 WORLD TRADE  
ORGANIZATION  WT/DS382/1 
G/L/872 G/ADP/D75/1 
1 December 2008 
 
 
(08-5867) 
 Original:   English 
   
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER  
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE  
FROM BRAZIL 
 
Request for Consultations by Brazil
 
 
 
 The following communication, dated 27 Novemb er 2008, from the delegation of Brazil to the 
delegation of the United States and to the Chairman of the Dispute Settlement Body, is circulated in 
accordance with Article 4.4 of the DSU.  
_______________ 
 
 
Upon instructions from my authorities, I hereby request consultations with the Government of 
the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  ("DSU"), Article XXII:1 of the General Agreement on Tariffs and Trade 1994  
("GATT 1994"), and Articles 17.2 and 17.3  of the Agreement on Implementation of Article VI of 
GATT 1994  ("Anti-Dumping Agreement"), with re gard to the matters listed hereunder: 
The following determinations of the United States Department of Commerce (USDOC) 
concerning the imports of certain orange  juice from Brazil, case nº A-351-840: 
• the antidumping administrative review for the period from 24 August 2005 to 
28 February 2007, and the final results thereof, in " Certain Orange Juice from Brazil: 
Final results and Partial Rescission of Antidumping Duty Administrative Review" , 
published in 73 Fed. Reg.  46,584 (11 August 2008), as well as any assessment 
instructions and cash deposit requirements issued pursuant to them (the "Issues and Decision Memorandum", dated 5 August 2008,  which discusses issues raised in this 
review, confirms that "zeroing" was app lied by the USDOC in this review and 
specifically rejects the relevance of WTO A ppellate Body precedents for administrative 
reviews conducted by the USDOC);   WT/DS382/R 
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• any on-going or future antidumping administrativ e reviews, and the final results thereof, 
related to the imports of certain orange juice from Brazil (case nº A-351-840), as well as 
any assessment instructions and cash deposit requirements issued pursuant to them. 
Any actions taken by United States Customs and Border Protection (USCBP) to collect 
definitive anti-dumping duties at duty assessment rate s established in periodic reviews covered by the 
preceding paragraph, including through the issuance of USCBP liquidations instructions and notices. 
The following US laws, regulations, administra tive procedures, practices and methodologies: 
• the Tariff Act of 1930, as amended, (the "A ct"), in particular sections 736, 751, 
771(35)(A) and (B), and 777A(c) and (d); 
• the US Statement of Administrative Action that accompanied the Uruguay Round 
Agreements Act, H.R. Doc. No. 103-316, vol. I; 
• the implementing regulations of USDOC, codified at Title 19 of the United States Code 
of Federal Regulations, 19 CFR Section 351, in particular sections 351.212(b), 
351.414(c), and (e); 
• the Import Administration Antidumping Manual (1997 edition), including the computer 
program(s) to which it refers; 
• the general procedures and methodology employed by the United States to determine 
dumping margins in administrative reviews,  whereby USDOC, in comparing weighted 
average normal value with transaction price of  individual export transactions, treats as 
zero negative intermediate comparison results  (i.e. situations in which the individual 
export price is greater than the weighted average normal value).  Such methodology is 
commonly referred to as "simple zeroing" and/or the US "zeroing procedures." 
Brazil is concerned that the laws, regulations, administrative procedures, practices and 
methodologies described above are as such, and as a pplied in the determina tions and actions listed 
above, inconsistent with the obligations of the United States under the Marrakesh Agreement 
Establishing the World Trade Organization  ("WTO Agreement") and the Agreements annexed 
thereto.  The provisions with which these measures appear to be inconsistent include, but are not 
limited to, the following: 
• Articles II, VI:1 and VI:2 of the GATT 1994; 
• Articles 1, 2.1, 2.4, 2.4.2, 9.1, 9.3, 11.2 and 18.4 of the Anti-Dumping Agreement; 
• And Article XVI:4 of the WTO Agreement.  
Brazil reserves the right to raise additional claims and legal matters during the course of the 
consultations.  It looks forward to receiving the Un ited States Government’s response and to setting a 
mutually convenient date for consultations. 
Please accept, Excellency, the assurances of my highest consideration. 
______________  
 WT/DS382/R 
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ANNEX G-2 
 
 
REQUEST FOR CONSULTATIONS BY BRAZIL – ADDENDUM 
 
 
 WORLD TRADE  
ORGANIZATION  WT/DS382/1/Add.1 
G/L/872/Add.1 G/ADP/D75/1/Add.1 
27 May 2009 
 
 
(09-2552) 
 Original:   English 
   
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER  
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE  
FROM BRAZIL 
 
Request for Consultations by Brazil
 
 
Addendum  
  
 The following communication, dated 22 May 2 009, from the delegation of Brazil to the 
delegation of the United States and to the Chairman of the Dispute Settlement Body, is circulated in 
accordance with Article 4.4 of the DSU. 
_______________ 
 
 1. This letter contains a request for consultations  pursuant to Article 4 of the Understanding on 
Rules and Procedures Governing the Settlement of  Disputes (the "DSU"), Article XXII:1 of the 
General Agreement on Tariffs and Trade 1994 (t he "GATT 1994"), and Articles 17.2 and 17.3  of the 
Agreement on Implementation of Article VI of GA TT 1994 (the "Anti-Dumping Agreement").  The 
present request complements, constitutes an addendum to , and must be read with, the original request 
for consultations presented on 27 Novemb er 2008 (Document WT/DS382/1, G/L/872, 
G/ADP/D75/1). 
2. On 27 November 2008, the Government of Brazil requested consultations with the 
Government of the United States of America (the "United States") under Article 4 of the 
Understanding on Rules and Procedures Governi ng the Settlement of Disputes (the "DSU"); 
Article XXII:1 of the General Agreement on Tari ffs and Trade 1994 (the "GATT 1994");  and 
Articles 17.2 and 17.3 of the Agreement on Impl ementation of Article VI of GATT 1994 (the 
"Anti-Dumping Agreement"), with regard to th e laws, regulations, administrative procedures, 
practices and methodologies for calculating dumping ma rgins in administrative reviews, involving the 
use of "zeroing", and their application in antidum ping duty administrative reviews regarding imports 
of certain orange juice from Brazil (case nº A-351-840).
1  
                                                      
1 WT/DS382/1, G/L/872, G/ADP/D75/1.  WT/DS382/R 
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3. The consultations, held on 16 January 2009, c overed the Antidumping Duty Administrative 
Review for the period from 24 August 2005 to 28 Februa ry  2007 (the "First Administrative Review") 
and the Antidumping Duty Administrative Review from 1 March 2007 to 29 February  2008 (the "Second Administrative Review"), pursuant to the orig inal request for consultations, which included, 
among others:  the First Administrative Review, the final results thereof, and any assessment 
instructions and cash deposit requirements issued pur suant thereto; and, any on-going or future 
antidumping administrative reviews related to the im ports of certain orange juice from Brazil (case 
nº A-351-840), the final results thereof, a nd any assessment instructions and cash deposit 
requirements issued pursuant thereto. 
4. In addition to the above matters, Brazil would like to consult with the United States with 
regard to the complementar y matters listed hereunder: 
(a) The Antidumping Duty Investigation on certain orange juice from Brazil (case 
nº A-351-840), for the period from 1 October 2003 to 30 September 2004, and the final results thereof, in " Notice of Final Determination of Sales at Less Than Fair 
Value and Affirmative Final Determination of Critical Circumstances: Certain 
Orange Juice from Brazil" , published in 71 Fed. Reg. 2183 (13 January 2006); the 
corresponding antidumping order, entitled "Antidumping Duty Order: Certain 
Orange Juice from Brazil" , published in 71 Fed. Reg. 12183 (9 March 2006); as well 
as any cash deposit requirements issued pursuan t to them.  In this measure, the United 
States Department of Commerce (the "USDOC") employed a methodology whereby it aggregated intermediate comparison r esults between weighted average normal 
value and weighted average export price for sub-groups of products within the 
product under investigation ("averaging groups"), treating as zero negative intermediate comparison results ( i.e., situations in which the weighted average export 
price was greater than the weighted average normal value of an "averaging group"). Such methodology is commonly referred to as "model zeroing" and/or US zeroing 
procedures; and  
(b) The continued use of the US zeroing procedures ("model" or "simple" zeroing) in 
successive antidumping proceedings, in rela tion to the antidumping order issued in 
respect of imports of certain orange jui ce from Brazil (case nº A-351-840), including 
the original investigation and subsequent ad ministrative reviews, by which duties are 
imposed and maintained in place at a le vel in excess of the antidumping margin 
which would result from the correct app lication of the Anti-Dumping Agreement 
(whether duties or cash deposit rates or other form of measure).  
5. Furthermore Brazil would like to further consu lt with the United States with regard to the 
following matter: 
(c) The Antidumping Duty Administrative Review from 1 March 2007 to 
29 February 2008 (the "Second Administrativ e Review"), related to the imports of 
certain orange juice from Brazil (case nº A-351-840).  
6. Brazil is concerned that these measures are inc onsistent with the obligations of the United 
States under the Marrakesh Agreement Establishi ng the World Trade Organization (the "WTO 
Agreement") and the Agreements annexed thereto.  The provisions with which these measures appear 
to be inconsistent include, but are not limited to, the following: 
• Articles II, VI:1 and VI:2 of the GATT 1994; 
• Articles 1, 2.1, 2.4, 2.4.2, 9.1, 9.3, 11.2 and 18.4 of the Anti-Dumping Agreement; 
• And Article XVI:4 of the WTO Agreement.  WT/DS382/R 
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7. Brazil reserves the right to raise additional claims and legal matters during the course of the 
consultations.  It looks forward to receiving the United States Government's response and to setting a 
mutually convenient date for consultations.  
_______________  
  WT/DS382/R 
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 ANNEX G-3 
 
 
REQUEST FOR THE ES TABLISHMENT OF  
A PANEL BY BRAZIL 
 
 
 WORLD TRADE  
ORGANIZATION  WT/DS382/4 
21 August 2009 
 (09-3998) 
 Original:   English 
 
  
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER 
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE 
FROM BRAZIL 
 
Request for the Establishment of a Panel by Brazil
 
   The following communication, dated 20 August 2009, from the delegation of Brazil to the 
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU. 
 
_______________ 
 
  Upon instructions from my authorities, I hereby  request the establishment of a panel pursuant 
to Articles 4.7 and 6 of the Understanding on Ru les and Procedures Governing the Settlement of 
Disputes (the "DSU"), Article XXIII of the Gene ral Agreement on Tariffs and Trade of 1994 (the 
"GATT 1994") and Article 17.4 of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade of 1994 (the "Anti-Du mping Agreement"), with regard to the matters 
listed hereunder: 
 
Consultations 
 
 On 27 November 2008, the Government of Braz il ("Brazil") requested consultations with the 
Government of the United States of America (the  "United States") under Articles 4 of the DSU, 
Article XXII:1 of the GATT 1994 and Articles 17.2 a nd 17.3 of the Anti-Dumping Agreement, with 
regard to the laws, regulations, administrative pr ocedures, practices and methodologies for calculating 
dumping margins in administrative reviews, involving the use of "zeroing", and their application in anti-dumping duty administrative reviews regarding im ports of certain orange juice from Brazil (case 
No A-351-840). On 22 May 2009, Brazil requested furt her consultations with the United States with 
regard to the use of "zeroing" in the anti-dumping duty investigation and in the second administrative 
review related to case No A-351-840 as well as to the continued use of the US "zeroing procedures" in 
successive anti-dumping proceedings regarding imports  of certain orange juice from Brazil.  The 
consultations were held on 16 Ja nuary 2009 and 18 June 2009, respectively.  They allowed a better 
understanding of the parties' positions but failed to resolve the dispute. WT/DS382/R 
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 Measures and claims 
 
 The measures at issue are the following: 
 
 (a) The anti-dumping duty investigation on certain orange juice from Brazil (the 
"Original Investigation")  
 
 This anti-dumping proceeding concerns th e imposition of anti-dumping duties on certain 
orange juice for transport and/or further manufactur ing produced in two different forms: (1) Frozen 
orange juice in a highly concentrated form, sometime s referred to as frozen concentrated orange juice 
for further manufacturing (FCOJM); and (2) pasteurized single-strength orange juice which has not 
been concentrated, referred to as Not-From-C oncentrate (NFC) (case No A-351-840). The final 
results of this Original Investigation were publis hed in 71 Fed. Reg. 2183 on 13 January 2006 and the 
amended final results were published in 71 Fed. Re g. 8841 on 21 February 2006.  The anti-dumping 
duty order was published in 71 Fed. Reg 12183 on 9 Ma rch 2006.  The period of investigation is 1 
October 2003 through 30 September 2004,  and the amended rate of the ad valorem  anti-dumping duty 
was 12.46% for Fischer S.A.Comércio, Indústria, e Agricultura ("Fischer") and 19.19% for Sucocítrico Cutrale S.A. ("Cutrale").    In this Original Investigation, the United States Department of Commerce (the "USDOC") 
employed a methodology whereby it aggregated inte rmediate comparison results between weighted 
average normal value and weighted average expor t price for sub-groups of products within the 
product under investigation ("averaging groups"), treating as zero negative intermediate comparison 
results (i.e., situations in which the weighted av erage export price was greater than the weighted 
average normal value of an "averaging group").  Brazil refers to such methodology as "model 
zeroing" and/or US "zeroing procedures".  
 
 (b) The 2005-2007 anti-dumping duty administrative review on certain orange juice 
from Brazil (the "First Administrative Review")   
 
 This anti-dumping proceeding concerns the administrative review of anti-dumping duties on certain orange juice from Brazil (case No A- 351-840) for the period of 24 August 2005 through 
28 February 2007.  The final results of this First Administrative Review were published in 
73 Fed. Reg. 46584 on 11 August 2008.  The rate of the ad valorem  anti-dumping duty was 4.81% for 
Fischer and 0.45% for Cutrale.    In this First Administrative Review, in order to assess the importers' final liability for 
payment of anti-dumping duties and the going-forward cash deposit rates, the USDOC employed a 
methodology whereby it aggregated intermediate  comparison results between weighted average 
normal value for each "averaging group" with the transaction price of individual export transactions, treating as zero negative intermediate comparison r esults (i.e., situations in which the individual 
export price was greater than the weighted averag e normal value of an "averaging group"). Brazil 
refers to such methodology as "simple zeroing" and/or U.S. "zeroing procedures".  
 
 (c) The 2007-2008 anti-dumping duty administrative review on certain orange juice 
from Brazil (the "Second Administrative Review")  
 
 This anti-dumping proceeding concerns the administrative review of anti-dumping duties on 
certain orange juice from Brazil (case No A- 351-840) for the period of 1 March 2007 through 
29 February 2008.  The final results of this Second Administrative Review were published in 
74 Fed. Reg. 40167 on 11 August 2009.  The rate of the ad valorem  anti-dumping duty was 0% for 
Fischer and 2.17% for Cutrale.   WT/DS382/R 
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  In this Second Administrative Review, the USDOC applied again "simple zeroing" and/or US 
"zeroing procedures".    The measures at issue also include any asse ssment instructions issued by the USDOC and 
cash deposit requirements imposed pursuant to the measu res listed in items (a), (b) and (c) above, as 
well as any measures taken by the United States Customs and Border Protection (USCBP) to collect 
definitive anti-dumping duties at the duty assessment rates established in those measures, including 
through the issuance of USCBP liquidations instructions and notices.  
 (d) The continued use of the U.S. "zeroin g procedures" in successive anti-dumping 
proceedings, in relation to the anti-dumping duty order issued in respect of 
imports of certain orange juice from Brazil  
 
 This measure concerns the continued use by the United States of "zeroing procedures" in 
successive anti-dumping proceedings, in relation to the anti-dumping duty order issued in respect of 
imports of certain orange juice from Brazil (case No A-351-840), including the original investigation 
and any subsequent administrative reviews, by whic h duties are applied and maintained over a period 
of time.  In particular, the use of zeroing continu es in the most recent administrative review, identified 
under item (c) above, by which duties ar e currently applied and maintained. 
 
Claims 
 
 Brazil considers that the measures described above are inconsistent with the following 
provisions:  
• Article 2.1 of the Anti-Dumping Agreemen t and Articles VI:1 and VI:2 of the 
GATT 1994 because the United States did not determine a margin of dumping for the 
product as a whole; 
• Article 2.4.2 of the Anti-Dumping Agreement because the United States' use of "zeroing 
procedures" precluded a determination for the product as a whole in the Original Investigation;  
• Article 2.4 of the Anti-Dumping Agreement because the comparison of normal value and 
export price using "zeroing procedures" is unfair; 
• Article VI:2 of the GATT 1994 and Article 9. 3 of the Anti-Dumping Agreement insofar 
as the imposition and collection of anti-dumping duties is made in excess of the margin 
of dumping properly determined pursuant to Article 2 of the Anti-Dumping Agreement; 
• Article II:1(a) and II:1(b) of the GATT 1994 insofar as the United States subjects the 
importation of certain orange juice to duties in excess of the duties permitted by the United States' Schedule of Concessions; and 
• Article XVI:4 of the Marrakesh Agreemen t establishing the World Trade Organization 
and Article 18.4 of the Anti-Dumping Agreem ent 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 administrative pr ocedures with the provisions of GATT 1994 
and the Anti-Dumping Agreement. WT/DS382/R 
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 Request 
 
 Brazil hereby respectfully requests that a panel be established pursuant to Article XXIII of the 
GATT 1994, Articles 4.7 and 6 of the DSU and Article 17.4 of the Anti-Dumping Agreement, with standard terms of reference. Brazil asks that this request be placed on the agenda of the next meeting 
of the WTO Dispute Settlement Body that will take place on 31 August 2009. 
  
__________