UNITED STATES – ANTI-DUMPING MEASURES ON POLYETHYLENE RETAIL CARRIER BAGS FROM THAILAND
Document: Request for Consultations by Thailand
Date: 1 December 2008
Document codes: WT/DS383/1; G/L/873; G/ADP/D76/1
Complainant: Thailand
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Taiwan
Dispute stage: Panel
Agreements cited: Art. 2.4.2  Anti-dumping

UNITED STATES – ANTI-DUMPING MEASURES ON POLYETHYLENE
RETAIL CARRIER BAGS FROM THAILAND

Request for Consultations by Thailand

 The following communication, dated 26 Novemb er 2008, from the delegation of Thailand to
the delegation of the United States and to the Chairm an of the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.

 My authorities have instructed me to request consultations with the Government of the
United States (the "United States") pursuant to Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (the "DSU"), Article XXIII:1 of the General
Agreement on Tariffs and Trade 1994 (the "GATT 1994") and Articles 17.2, 17.3 and 17.4 of the
Agreement on Implementation of Article VI of GATT 1994 (the "Anti-Dumping Agreement") with
respect to the application by the United States of the practice known as "zeroing" of negative dumping
margins in the United States' determination of the margins of dumping in its anti-dumping
investigation of Polyethylene Retail Carrier Bags from Thailand (Inv. No.A-549-821).

 The final determination in this investigati on was published by the United States Department
of Commerce ("USDOC") on 18 June 2004
1 (the "Final Determinati on") and an amended final
determination was published by the USDOC on 15 July 2004 2 (the "Amended Final Determination").
Following a final determination of injury by the United States International Trade Commission, the
United States issued an anti-dumping duty order agai nst imports of Polyethylene Retail Carrier Bags
from Thailand on 9 August 20043 (the "Order").

 Specifically, the Government of the Kingdom of Thailand ("Thailand") requests consultations
concerning the USDOC's use in the Final Determin ation and Amended Final Determination of the
practice of "zeroing" negative anti-dumping margin s in calculating overall weighted-average margins
of dumping in this investigation. The effect of this practice was to create artificially margins of
dumping where none would otherwise have been f ound or, at a minimum, to inflate margins of
dumping. Thailand considers the USDOC's use of this practice of "zeroing" in the Final
Determination, the Amended Fina l Determination, and the Order to be inconsistent with the

1 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.
2 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.
3 See Antidumping Duty Order: Polyethylene Retail Carrier Bags from Thailand , 69 Fed. Reg. 48204,
9 August 2004.

obligations of the United States under Article VI of the GATT 1994, and, in particular, under
Article 2.4.2 of the Anti-Dumping Agreement.
 I look forward to receiving your reply to this request, and, in accordance with Article 4.3 of
the DSU, to selecting a mutually-acceptable date for holding consultations. Thailand welcomes any
suggestions that the United States may have concerning the date and venue for these consultations.