. /.  WORLD TRADE  
ORGANIZATION   
WT/DS422/1/Add.1 
G/L/953/Add.1 
G/ADP/D87/1/Add.1 
27 July 2011 
 
 (11-3825) 
 Original:   English 
 
 
 
UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN FROZEN  
WARMWATER SHRIMP FROM CHINA* 
 
Request for Consultations by China 
 
Addendum 
   The following communication, dated 22 July 2011, from the delegation of China to the 
delegation of the United States and to the Chairperson of the Dispute Settlement Body, is circulated in 
accordance with Article 4.4 of the DSU.  
_______________ 
 
This letter contains a request for 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 Article 17 of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994  ("Anti-Dumping Agreement") with regard to the "zeroing" 
practice by the United States Department of Co mmerce ("USDOC") in its anti-dumping measures on 
diamond sawblades and parts thereof from the Pe ople's Republic of China ("China") (Case 
No. A-570-900).  The present request complements, constitutes an addendum to, and must be read 
together with, the original request for consultations  filed by China on 28 February 2011 with regard to 
the USDOC's "zeroing" practice in its anti-dumpi ng measures on certain frozen warmwater shrimp 
from China (Document WT/DS422/1, G/L/953, G/ADP/D87/1). 
On 28 February 2011, the Government of China requested consultations with the Government 
of the United States under Article 4 of the DSU, Article XXII:1 of the GATT 1994 and Article 17 of 
the Anti-Dumping Agreement with regard to the "zeroing" practice by the USDOC in its 
anti-dumping measures on certain frozen warmwater shrimp from China (Case No. A-570-893).
1  
Consultations were held by China and the United States on 11 May 2011.  
In addition to the "zeroing" practice by the USDOC in its anti-dumping measures on certain 
frozen warmwater shrimp from Ch ina, China hereby would like to further consult with the 
Government of the United States with regard to  the "zeroing" practice by the USDOC in its 
anti-dumping measures on diamond sawblades and parts thereof from China.  The matters that China would like to consult with the United States concern, inter alia , the following anti-dumping measures 
imposed by the United States: 
 
                                                      
* Given the product coverage of this addendum, this dispute will forthwith be called United States – 
Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China . 
1 See WT/DS422/1, G/L/953, G/ADP/D87/1. WT/DS422/1/Add.1 
G/L/953/Add.1 G/ADP/D87/1/Add.1 
Page 2 
  
  (a) Final Determination of Sales at Less T han Fair Value and Final Partial Affirmative 
Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof 
from the People's Republic of China , 71 Federal Register 29303 (22 May 2006), as 
amended by: 
 Notice of Amended Final Determination of Sales at Less Than Fair Value: 
Diamond Sawblades and Parts Thereof from  the People's Republic of China , 
71 Federal Register 35864 (22 June 2006); 
 
(b) Issues and Decision Memorandum for the Fi nal Determination in the Antidumping 
Duty Investigation of Diamond Sawblades and Parts Thereof from the People's 
Republic of China, 15 May 2006;2 
(c) Diamond Sawblades and Parts Thereof from th e People's Republic of China and the 
Republic of Korea: Antidumping Duty Orders , 74 Federal Register 57145 
(4 November 2009); 
(d) as well as any amendments, replacements and/or implementing measures for the 
measures identified above under subparagraphs (a) to (c). 
In these measures, the USDOC has engaged in the "zeroing" practice in calculating the 
dumping margins.  Specifically, for respondents subject to individual examination, the USDOC identified sub-groups of products w ithin the product under investiga tion ("averaging groups") on a per 
model basis and calculated margins within each of the averaging groups by comparing the weighted 
average export price and the corresponding weighted average normal value.  The results of these 
comparisons on an "averaging group" basis were added up to establish the dumping margin of the 
product under investigation as a whole; however, in this process, any negative margins or amounts of 
"dumping" resulting from the "averaging group" co mparisons were put at zero.  The USDOC's 
zeroing practice has artificially created or, at a minimum, inflated dumping margins for the 
individually investigated respondents.  In addition, on the basis of these individual dumping margins, 
the USDOC further calculated a weighted-average ma rgin (known as the "separat e rate") that applied 
to the cooperating non-mandatory respondents.
3   
 
China considers that the zeroing practice in these measures is inconsistent with the obligations 
of the United States under Articles VI:1 and VI:2 of the GATT 1994 and Articles 1, 2.1, 2.4, 2.4.2, 
5.8, 9.2, 9.3 and 9.4 of the Anti-Dumping Agreement. 
 
The Government of China reserves its right to raise further factual and legal issues during the 
course of the consultations.  
China looks forward to receiving the reply of the Government of the United States to this 
request and to setting a mutually conv enient date for consultations.   
 
__________  
                                                      
2 Accessed at http://ia.ita.doc.gov/frn/summary/prc/E6-7763-1.pdf . See also 71 Federal Register 29303, 
22 May 2006. 
3 Such non-selected respondents were also required to pass the "separat e-rate test" in order to receive 
the separate rate.