UNITED STATES – CONTINUED EXISTENCE AND APPLICATION OF ZEROING METHODOLOGY
Document: Status Report by the United States Addendum
Date: 8 November 2011
Document codes: WT/DS350/18/Add.23
Complainant: EU
Respondent: U.S.
Third parties: Brazil, China, Egypt, India, Japan, South Korea, Mexico, Norway, Taiwan, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 2.4, 2.4.2, 5.8, 9.1, 9.3, 9.5, 11, 1, 11.1, 11.3, 11.2, 2  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – CONTINUED EXISTENCE AND APPLICATION
OF ZEROING METHODOLOGY

Status Report by the United States

Addendum

 The following communication, dated 7 November 2011, from the delegation of the
United States to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute

(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
(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 determinations in the original investigations. The United
States is now consulting internally on next steps under section 129(b).

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 with 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.