. /.  WORLD TRADE  
ORGANIZATION   
WT/DS350/18/Add.22 
14 October 2011 
 (11-5126) 
 Original:   English 
  
 
UNITED STATES – CONTINUED EXISTENCE AND APPLICATION 
OF ZEROING METHODOLOGY 
 
Status Report by the United States 
 
Addendum 
 
  The following communication, dated 14 Oc tober 2011, from the delegation of the 
United States to the Chairperson of the Dispute Settle ment Body, is circulated pursuant to Article 21.6 
of the DSU. 
 
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Status Report Regarding Implementation of the 
DSB Recommendations and Rulings in the Dispute 
United States – Continued Existence and Application of Zeroing Methodology 
(WT/DS350) 
  
The United States submits this report in  accordance with Article 21.6 of the Understanding on 
Rules and Procedures Governing the Settlement of Disputes  ("DSU"). 
 
On 19 February 2009, the Dispute Settlement  Body ("DSB") adopted its recommendations 
and rulings in United States – Continued Existence and Application of Zeroing Methodology 
(WT/DS350).  At the following DSB meeting, the Unite d States informed the DSB of its intention to 
implement the recommendations and rulings of th e DSB in connection with this matter.  The 
United States and the European Communities agreed  that the reasonable period of time for the 
United States to implement the recommendati ons and rulings of the DSB would end on 
19 December 2009.  
The United States Trade Representative made a wr itten request to the Secretary of Commerce 
to issue a determination under Section 129(b) of  the Uruguay Round Agreements Act that would 
render the following determinations  not inconsistent with the re commendations and rulings of the 
DSB:  Final Determination of Sales at Less Than Fair  Value: Purified Carboxymethylcellulose from 
Sweden ; Final Determination of Sales at Less Than Fa ir Value: Purified Carboxymethylcellulose 
from the Netherlands ; Final Determination of Sales at Less Than Fair Value: Purified 
Carboxymethylcellulose from Finland ; and Final Determination of Sales at Less Than Fair Value: 
Chlorinated Isocyanurates from Spain .  On 17 December 2009, the US Department of Commerce 
issued the preliminary results under Section 129(b) with  respect to the four determinations.  Interested 
parties had an opportunity to comment on the prelim inary results prior to th e issuance of the final 
determinations under section 129(b) .  On 12 March 2010, the Department issued the final results 
under section 129(b) with respect to the four determina tions in the original investigations.  The United 
States is now consulting internally on next steps under section 129(b). WT/DS350/18/Add.22 
Page 2  
 
   
On 28 December 2010, in part in response to th e findings in this dispute with respect to 
administrative reviews and sunset reviews, the US  Department of Commerce announced a proposal to 
change the methodology for calculating weighted average dumping margins and assessment rates in 
certain anti-dumping proceedings, including administrative reviews. The Department proposes to 
compare monthly weighted average export prices w ith monthly weighted average normal values, and 
to grant an offset for comparisons that show an export price that exceeds normal value in the 
calculation of the weighted average margin of dumping and assessment rate.  The modifications the Department has made with respect to investigations, and is proposing to make w ith respect to reviews, 
address the underlying issue with respect to sunset reviews.   
 
The proposal has been published in the Federal Register, 75 Fed. Reg. 81533 (28 Dec. 2010). 
Under US law, there will be a period for public co mment on this proposal and for consultations with 
appropriate committees in the US Congress.    
The United States will continue to consult with  interested parties as it works to address the 
recommendations and rulings of the DSB.   
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