UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL
Document: Request for Consultations by Brazil Addendum
Date: 27 May 2009
Document codes: WT/DS382/1/Add.1; G/L/872/Add.1; G/ADP/D75/1/Add.1
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Mexico, Taiwan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4.2, 2.4, 2  Anti-dumpingArt. VI:1, VI:2, II:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 9.3  Anti-dumping

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.
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 , ,

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 margins 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
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.

1 WT/DS382/1, G/L/872, G/ADP/D75/1.

4. In addition to the above matters, Brazil would like to consult with the United States with
regard to the complementary matters listed hereunder:
(1) 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 pursuant 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
(2) 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:
(3) 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.
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.