WT/DS402/R 
 Page D-1 
 
 
   
ANNEX D 
 
 
ORAL STATEMENTS OF  THIRD PARTIES OR 
EXECUTIVE SUMMARIES THEREOF 
 
 
Contents Page 
Annex D-1 Oral Statement of China D-2 
Annex D-2 Oral Statement of the European Union D-3 
 WT/DS402/R 
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ANNEX D-1 
 
 
ORAL STATEMENT OF CHINA 
 
 
  China shares the view with Korea that it is well-settled by the Appellate  Body and panels that 
the practice of zeroing employed by the Ministry of Commerce of the United States (the "USDOC") is 
not consistent with the requiremen t of Article 2.4.2 of the Anti-Dumping Agreement, first sentence.   
  Besides requesting that the Panel recommend that  the United States be instructed to bring its 
measures into conformity with its obligations unde r the relevant covered ag reements of the WTO, 
China further urges the United Stat es to provide a package solution to  this issue so as to avoid any 
more disputes on zeroing.   
  The USDOC modified its methodology in anti- dumping investigations with respect to the 
calculation of the weighted-average dumping margin  on 16 January 2007.  However, there are still 
many exporters suffering today from the zeroing methodology adopted in anti-dumping determinations conducted before th at date, including Chinese exporters.  According to current practice 
of the USDOC, these companies could not have the benefit of the modification by the USDOC simply 
because the USDOC refuses to recalcu late the relevant anti-dumping ra tes conducted before that date. 
  China takes the view that it would be an unnecessary cost for the member whose companies 
are suffering from the zeroing methodology if it has to  bring such case before the WTO.  The precious 
resources of the WTO should not be wasted in such  a manner.  China requests the United States to 
recalculate the anti-dumping rates upon applications  of relevant companies and provide a package 
solution to this issue so as to en sure that it fully brings its measures into conformity with its 
obligations under the relevant c overed agreements of the WTO. 
  WT/DS402/R 
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ANNEX D-2 
  
ORAL STATEMENT OF THE EUROPEAN UNION 
 
 
Mr. Chairman, distinguished members of the Panel, 
 1. Following your indication, the EU  will be brief in its intervention of today.  As mentioned in 
our written submission, the EU considers that there is no "dispute" before the parties as to the facts of 
the case, as shown by the evidence, the interpretation of the relevant  law and its application to the 
facts.  There is no "debate", "controversy" or "di fference in opinion" between the parties.  The rights 
and obligations of both parties seem to have been  acknowledged by Korea and the U.S. in this case 
and, therefore, there is no need for the Panel to  clarify the meaning of the covered agreements.
1  
 2. In the EU's view, where certain matters are put to the Panel as agreed between the parties, that 
might consequently have an effect on the precise term s of the findings that the Panel can make, which 
findings are eventually to be adopted by the DSB.   Thus, under the circumstances of the present case, 
the report of the Panel could be limited to making th e finding that the parties agree that there is no 
dispute, and then recommend that the United States bring the measures at issue into conformity with its obligation under the covered agreements.  The Pa nel would distinguish between a finding that the 
parties agree with respect to a particular fact, evid entiary matter or legal issue; and the Panel itself 
making such finding or recommendation.  This would be consistent with the Panel's obligations under 
Article 11 of the DSU . 
  Thank you for your attention.  We are ready to respond to any questions you may have. 
 
                                                     
 
1 DSU , Article 3.2 ("The Members recognize that it serv es to preserve the rights and obligations of 
Members under the covered agreements, and to clarify the existing provisions of those agreements in 
accordance with customary rules of interp retation of public international law").