WT/DS383/R 
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 ANNEX D 
 
 
REQUEST FOR THE ESTABL ISHMENT OF A PANEL 
 
 
Contents Page 
Annex D-1 Request for the Establishm ent of a Panel by Thailand D-2 
 
 WT/DS383/R 
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 ANNEX D-1 
 
REQUEST FOR THE ESTABLISHMENT  
OF A PANEL BY THAILAND 
 
 
 WORLD TRADE  
ORGANIZATION  WT/DS383/2 
10 March 2009 
 
 (09-1226) 
 Original:   English 
 
 
 
UNITED STATES – ANTI-DUMPING MEASURES ON POLYETHYLENE  
RETAIL CARRIER BAGS FROM THAILAND 
 
Request for the Establishment of a Panel by Thailand  
 
  The following communication, dated 9 March 2009, from the delegation of Thailand to the 
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
_______________ 
 
  Upon instructions from my authorities, I wish to  convey the request of the Government of the 
Kingdom of Thailand ("Thailand") to the Dispute Se ttlement Body (the "DSB") for the establishment 
of a panel pursuant to Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (the 
"GATT 1994"), Articles 4 and 6 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  (the "DSU"), and Article 17.4 of the Agreement on Implementation of Article 
VI of the General Agreement on Tariffs and Trade 1994  (the "Anti-Dumping Agreement") with 
respect to certain anti-dumping measures imposed by the United States on imports of Polyethylene 
Retail Carrier Bags ("plastic carrier bags") from Thailand. 
 
Prior Consultations
 
  On 26 November 2008, Thailand requested cons ultations with the United States pursuant to 
Article 4 of the DSU, Article XXIII of the GATT 1994 and Article 17 of the Anti-Dumping Agreement.
1  These consultations were requested concerning anti-dumping measures imposed by the 
United States on imports of plastic carrier bags from Thailand.  Cons ultations were held in Geneva on 
28 January 2009.  While these consultations assisted in clarifying the issues be fore the parties, they 
failed to resolve the dispute.  
                                                      
1 See G/ADP/D76/1, G/L/873, WT/DS383/1.  WT/DS383/R 
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 The Measure at Issue  
  The specific measure at issue is the anti- dumping order imposed by the United States on 
plastic carrier bags from Thailand and the final de termination by the United States Department of 
Commerce ("USDOC"), as amended, leading to th at order.  The United States initiated its 
anti-dumping investigation of plastic carrier bags from Thailand on 1 April 2002.  The investigation 
was conducted by the USDOC.  The final determin ation in this investigation was published on 
18 June 2004
2 (the "Final Determination") and an ame nded final determinati on was published by the 
USDOC on 15 July 2004.3  Following a final determination of injury by the United States 
International Trade Commission, the United States issued an anti-dumping duty order on imports of 
Polyethylene Retail Carrier Bags from Thailand on 9 August 2004 (the "Order").4  The Final 
Determination, as amended, and the Order comp rise the measure at issue in this dispute. 
  In the Final Determination, as amended, the USDOC used the "zeroing" methodology to determine the final dumping margins for certain Thai e xporters subject to the order.  Accordingly, for 
certain Thai exporters of plastic  retail bags, the Final Determina tion, as amended, as well as the 
Order, reflected and included anti- dumping margins that were calculat ed on the basis of "zeroing".  
The use of the "zeroing" methodology is evident fro m the computer programs used to calculate the 
margins of dumping in the Final Determination, as amended, on which the anti-dumping duty order 
was based.  More specifically, the methodology of  "zeroing" negative anti-dumping margins in the 
above determination refers  to the following:   
 
(1) different "models," i.e., types, of products  are identified based on the most relevant 
product characteristics;  
(2) weighted average prices in the United St ates and weighted average normal values in 
the comparison market are calculated on a model-specific basis for the entire period 
of investigation;  
(3) the weighted average normal value of each  model is compared to the weighted 
average United States price for that same model;  
(4) to calculate the dumping margin for an exporter, the amount of dumping for each 
model is summed and then divided by th e aggregated United States price for all 
models;  
(5) before summing the total amount of dumping for all models, all negative margins on 
individual models are set to zero. 
Through this method, the USDOC calculates margins of dumping and collects anti-dumping duties in 
amounts that exceed the actual extent of dumping,  if any, by the investigated companies. 
 
 Thailand considers that this measure is inconsis tent with the obligations of the United States 
under the provisions of the GATT 1994 and the An ti-Dumping Agreement described below.   
                                                     
 
2 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. 
3 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. 
4 See Antidumping Duty Order: Polyethylene  Retail Carrier Bags from Thailand , 69 Fed. Reg. 48204, 
9 August 2004. WT/DS383/R 
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 The Legal Basis of the Complaint
 
  Through the USDOC's methodology of "zeroing", the United States treats transactions with negative dumping margins as having margins equal to zero in determining weighted average anti-dumping margins in an anti-dumping investigation.    
 
 The use of "zeroing" led the United States to make a finding of dumping where none would have otherwise been made or to calculate inflated  margins of dumping.  Thailand considers that the 
USDOC's use of its methodology of "zeroing" (in th e Final Determination, as amended, which was a 
basis for the Order) is inconsistent with the obliga tions of the United States under the first sentence of 
Article 2.4.2 of the Anti-Dumping Agreement.   
  The "zeroing" methodology that the USDOC used in its anti-dumping investigation of plastic carrier bags from Thailand is identical to the met hodology that was held to be inconsistent with the 
obligations of the United States under the Anti- Dumping Agreement in the following disputes: United 
States – Final Dumping Determination on Softwood Lumber from Canada
5 and United States – Anti-
Dumping Measures on Shrimp from Ecuador ,6 and United States – Measures Relating to Shrimp from 
Thailand.7 
 
Request for the Establishment of a Panel  
 
 Accordingly, Thailand requests that the DSB establish a panel pursuant to Article XXIII:1 of 
the GATT 1994, Articles 4 and 6 of the DSU, and Article 17.4 of the Anti-Dumping Agreement.  
Thailand requests that the establishment of a panel in this matter be placed on the agenda of the 
meeting of the DSB scheduled for 20 March 2009.  
 
__________  
                                                     
 
5 Panel Report, WT/DS264/R, and Appellate Body Report, WT/DS264/AB/R, adopted 
31 August 2004. 
6 Panel Report, WT/DS335/R, adopted 20 February 2007. 
7 Panel Report, WT/DS343/R, and Appellate Body Report, WT/DS343/AB/R, adopted 1 August 2008.