UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA REQUEST FOR CONSULTATIONS BY CHINA
Document: REQUEST FOR CONSULTATIONS BY
Date: 16 December 2013
Document codes: WT/DS471/1; G/L/1060; G/ADP/D100/1
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
REQUEST FOR CONSULTATIONS BY CHINA
The following communication, dated 3 December 2013, 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.

Government of the People's Republic of China ("China") for consultations with the Government of
the United States of America ("United States") pursuant to Article 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes ("DSU"), Article XXII of the General
Agreement on Tariffs and Trade 1994 ("GATT 1994"), and Article 17 of the Agreement on
Implementation of Article VI of the GATT 1994 ("Anti-Dumping Agreement").
2. In the following sections, China identifies the measures at issue and indicates the legal basis
for its complaint.
A. Application of the targeted du mping methodology in original
investigations
3. In certain anti-dumping investigations involving allegations of so-called "targeted dumping",
the United States Department of Commerce ("USDOC") applied a series of steps to determine the
existence of a pattern of export prices differing am ongst purchasers, regions, or periods of time (a
"relevant pricing pattern"). These steps, key elements of which were first set forth in the USDOC's
investigation of Certain Steel Nails from the People's Republic of China , are known collectively as
the "Nails Test".
4. In certain determinations in which application of the Nails Test led to a determination of a
relevant pricing pattern, the USDOC expressed the view that use of a methodology involving
comparisons of a weighted average normal value with a weighted average export price could not
properly account for the relevant pricing pattern. On that basis, in relation to the exporter in
question, the USDOC adopted a methodology in which a weighted average normal value was
compared to the export prices from individual transactions.
5. In order to determine a margin of dumping for the product as a whole, the USDOC
aggregated the results of the transaction-specific weighted average-to-transaction ("W-T")
comparisons. When aggregating these intermediate comparison results, the USDOC used
"zeroing", thereby disregarding (i.e., treating as zero) any amounts by which the export price of a
transaction exceeded the weighted average normal value. In addition, in certain investigations in
which the USDOC divided the product group into separate models for purposes of comparing
normal value and export prices, the USDOC applied the W-T comparison methodology to all U.S.
sales of all product models sold by the exporter, even though the conditions of the Nails Test were
only satisfied with respect to certain U.S. sales or models sold by the exporter.
6. China refers collectively to the practices referred to in paragraphs 3 to 5 above as the
"targeted dumping methodology". For purposes of this request for consultations, the measures at
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

issue include the determinations from anti-dumping investigations and related measures listed in
Annex 1 in which the USDOC applied the targeted dumping methodology.
7. China is concerned that the application of the targeted dumping methodology in the
investigations listed in Annex 1 is inconsistent with the obligations of the United States under
Article 2.4.2 of the Anti-Dumping Agreement, because inter alia:
a) the steps addressed under the Nails Test are not appropriate to identify a pattern
of export prices which differ significan tly among different purchasers, regions or
time periods;
b) the USDOC omits or otherwise fails to provide a reasoned and adequate
explanation as to why a relevant pricing pattern cannot be taken into account
appropriately by use of a weighted av erage-to-weighted average ("W-W") or
transaction-to-transaction comparison methodologies; and
c) the USDOC uses zeroing when aggregating the results of individual
W-T comparisons for all U.S. sales by an exporter.
B. Application of the targeted dumping methodology in reviews
8. In a recent administrative review, the USDO C applied the targeted dumping methodology,
including the Nails Test in order to address allegations of "targeted dumping" involving exports
from China. In so doing, the USDOC applied the W-T comparison methodology, with zeroing, in
determining the margin of dumping for the exporter's U.S. sales during the period of review.
9. The measures at issue include the review determination and related measures listed in
Annex 2.
10. China is concerned that the use by the USDOC of its targeted dumping methodology in the
review phase of anti-dumping proceedings, as described in paragraph 8 above, is inconsistent with
Article 9.3 of the Anti-Dumping Agreement and Article VI:2 of the GATT 1994, because inter alia
the USDOC fails to ensure that the amount of a ssessed anti-dumping duties does not exceed the
margin of dumping determined for the product as a whole.
C. The Single Rate Presumption for Non-Market Economies
11. In anti-dumping proceedings relating to imports from countries that the United States
considers to be Non-Market Economies ("NMEs"), the United States presumes that all producers
and exporters comprise a single entity under common government control (the "NME-wide
entity"), for which a single margin of dumping, or a single anti-dumping duty rate, is determined.
The burden is placed upon the producers and expo rters to rebut this presumption, and they may
only do so by providing sufficient proof of an ab sence of government control, in law and in fact,
with respect to their export activities, based on a number of factors comprising the United States'
"separate rate" test. China refers to this U.S. rule, as a whole, comprising both the presumption
and the separate rate test through which it may be overcome, as the "Single Rate Presumption".
12. The Single Rate Presumption is a norm of general and prospective application. It has been
consistently applied pursuant to the following measures:
 The regulation set forth in C.F.R. § 351.107(d);
 Import Administration Policy Bulletin Number 05.1 of 5 April 2005; and,
 The Import Administration Antidumping Manual, 2009, Chapter 10.
13. For purposes of this request for consultations, the measures at issue include the Single Rate
Presumption, as such, and the instruments listed in paragraph 12 above, as such.
14. The measures at issue also include the determinations and related measures listed in
Annex 3, in which the Single Rate Presumption was applied.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

15. China is concerned that these measures are inconsistent with the obligations of the
United States under the following provisions of the covered agreements:
a) Article 6.10 of the Anti-Dumping Agreement, because inter alia the United States
fails to determine an individual margin of dumping for each known exporter or
producer, or for each known exporter or producer to which it limits the
examination;
b) Article 9.2 of the Anti-Dumping Agreement , because inter alia the United States
fails to collect anti-dumping duties in the appropriate amounts in each case, and
fails to name the suppliers of the product concerned; and
c) Article 9.4 of the Anti-Dumping Agreement , because inter alia the United States
fails to assign exporters or producers not individually investigated a duty not
exceeding the weighted average margin of dumping established with respect to the
selected exporter or producers excluding any zero and de minimis margins and
margins established by resorting to facts available.
D. The NME-wide methodology
16. Applying the Single Rate Presumption, the United States calculates a single margin of
dumping, or a single anti-dumping duty rate, for the NME-wide entity. In doing so, the
United States applies a number of other practices, to which China refers, collectively, as the
"NME-wide methodology". Features of the NME-wide methodology include the following practices:
 The systematic failure to request the information required to determine a margin of
dumping for all the producers and exporters comprising the NME-wide entity, or for the
NME-wide entity as a whole. China refers to this practice, for ease of reference, as the
"failure to request information".
 The systematic failure to allow all producers and exporters comprising the NME-wide
entity, or the NME-wide entity as a whole, an appropriate opportunity to make
submissions, oral or written, that would allow the USDOC to establish their margin of
dumping without resorting to information from a secondary source. China refers to this
practice, for ease of reference, as the "failure to provide rights of defense".
 The systematic determination of the margin of dumping for all producers and exporters
comprising the NME-wide entity on the basis of facts available, when one or more
producers or exporters comprising the NME- wide entity fails to provide information
requested of it. China refers to this practice, for ease of reference, as the "recourse to
facts available".
17. For purposes of this request for consultations, the measures at issue include the
determinations and related measures listed in Annex 4, in which the USDOC applied some or all of
the practices described in paragraph 16 above.
18. China is concerned that these measures are inconsistent with the obligations of the
United States under the following provisions of the Anti-Dumping Agreement:
a) Article 6.1, because inter alia, with regard to the failure to request information and
the failure to provide rights of defense, the United States fails to request necessary
information from producers and exporters, and fails to provide them with ample
opportunity to submit relevant evidence;
b) Article 6.8 and Annex II, because inter alia , with regard to the failure to request
information and the failure to provide rights of defense, the United States does not
specify in detail the information required from all interested parties, and, with
regard to the recourse to facts available, the United States resorts to facts
available in making dumping determinations without having requested from the
interested parties the information necessary to make such determinations;
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

c) Article 6.8 and Annex II, because inter alia , with regard to the recourse to facts
available, the United States does not assess the facts properly and objectively in
finding that the NME-wide entity failed to cooperate in providing information
necessary to determine a margin of dumping for that entity, fails to use the best
information available, and fails to exercise special circumspection when basing its
findings on information from secondary sources; and
d) Article 9.4, because inter alia , to the extent that the NME-wide entity was not
individually investigated, the anti-dumping duty exceeds the "all others" rate.
E. The Use of Adverse Facts Available
19. When the USDOC considers that a producer or exporter has failed to cooperate by not acting
to the best of its ability, it uses inferences that are "adverse to the interests of that party in
selecting from among the facts otherwise available".
1 China refers to USDOC's approach as the
"Use of Adverse Facts Available".
20. That the USDOC will apply the Use of Adverse Facts Available is a norm of general and
prospective application. The Use of Adverse Facts Available has been consistently applied by the
USDOC and is undertaken pursuant to:
 Section 776(b) of the Tariff Act of 1930, codified at 19 U.S.C. § 1677e(b); and
 Regulations set forth in 19 C.F.R. § 351.308.
21. For purposes of this request for consultation s, the measures at issue include the Use of
Adverse Facts Available, as such, and the instruments listed in paragraph 20 above, as such.
22. The measures at issue also include the determinations and related measures listed in
Annex 5 in which the Use of Adverse Facts Available was applied by the USDOC.
23. China is concerned that these measures are inconsistent with the obligations of the
United States under Article 6.8 and Annex II of the Anti-Dumping Agreement, because inter alia, in
using adverse facts available, the United States fails to use the best information available and
special circumspection when basing its findings on information from secondary sources.

24. China looks forward to receiving the reply of the Government of the United States to this
request and to setting a mutually convenient date for consultations.

1 Section 776(b) of the Tariff Act of 1930, codified at 19 U.S.C. § 1677e(b).
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

ANNEX 1
CHALLENGED MEASURES IN INVESTIGATIONS IN WHICH THE USDOC
APPLIED THE TARGETED DUMPING METHODOLOGY (PARA. 6)

(1) Certain Coated Paper Suitable for High -Quality Print Graphics Using Sheet-Fed
Presses From the People's Republic of China (USDOC investigation number
A-570-958)

including:

o the Final Determination of Sales at Less Than Fair Value, 75 FR 59217
(27 September 2010);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Order, 75 FR 70203 (17 November 2010);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the
W-T comparison methodology to determine a dumping margin, dumping margins or
an anti-dumping duty rate or rates.

(2) Certain Oil Country Tubular Goods from the People's Republic of China (USDOC
investigation number A–570–943)

including:

o the Final Determination of Sales at Less Than Fair Value, Affirmative Final
Determination of Critical Circumstances and Final Determination of Targeted Dumping,
75 FR 20335 (19 April 2010);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 75 FR 28551 (21 May 2010);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the
W-T comparison methodology to determine a dumping margin, dumping margins or
an anti-dumping duty rate or rates.

(3) High Pressure Steel Cylinders From the People's Republic of China (USDOC
investigation number A–570–977)

including:

o the Final Determination of Sales at Less Than Fair Value, 77 FR 26739 (7 May 2012);

o the Antidumping Duty Order, 77 FR 37377 (21 June 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the
W-T comparison methodology to determine a dumping margin, dumping margins or
an anti-dumping duty rate or rates.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

ANNEX 2
CHALLENGED MEASURES IN REVIEWS IN WHICH THE USDOC
APPLIED THE TARGETED DUMPING METHODOLOGY (PARA. 9)

(4) Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of
China (USDOC investigation number A–570–924)

including:

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
78 FR 35245 (12 June 2013);

o any modification, replacement or amen dment to the measure listed above; and

o any closely connected, subsequent measures that involve the application of the
W-T comparison methodology to determine a dumping margin, dumping margins or
an anti-dumping duty rate or rates.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

ANNEX 3
CHALLENGED MEASURES IN WHICH THE USDOC
APPLIED THE SINGLE RATE PRESUMPTION (PARA. 14)

(5) Aluminum Extrusions From the People's Republic of China (USDOC investigation
number A–570–967)

including:

o the Final Determination of Sales at Less Than Fair Value, 76 FR 18524 (4 April 2011);

o the Antidumping Duty Order, 76 FR 30650 (26 May 2011);

o the Preliminary Results of Antidumping Duty Administrative Review and Rescission, in
Part, 2010/12, 78 FR 34986 (11 June 2013) and any final determination in this
proceeding;

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(6) Certain Coated Paper Suitable for High -Quality Print Graphics Using Sheet-Fed
Presses From the People's Republic of China (USDOC investigation number
A-570-958)

including:

o the Final Determination of Sales at Less Than Fair Value, 75 FR 59217
(27 September 2010);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Order, 75 FR 70203 (17 November 2010);

o any modification, replacement or amendmen t to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(7) Certain Frozen and Canned Warmwater Shrimp From the People's Republic of
China (USDOC investigation number A–570–893)

including:

o the Notice of Final Determination of Sales at Less Than Fair Value, 69 FR 70997
(8 December 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 70 FR 5149 (1 February 2005);

o the Final Results of Administrative Review; 2011–2012, 78 FR 56209
(12 September 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(8) Certain New Pneumatic Off–The-Road Tires from the People's Republic of China
(USDOC investigation number A–570–912)

including:

o the Final Affirmative Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances, 73 FR 40485 (15 July 2008);

o the Notice of Amended Final Affirmative Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 73 FR 51624 (4 September 2008);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Amended Antidumping Duty Order in Accordance With Final Court Decision,
75 FR 49459 (13 August 2010);

o the Final Results of Antidumping Duty Administrative Review and Final Rescission, in
Part; 2010–2011, 78 FR 22513 (16 April 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(9) Certain Oil Country Tubular Goods from the People's Republic of China (USDOC
investigation number A–570–943)

including:

o the Final Determination of Sales at Less Than Fair Value, Affirmative Final
Determination of Critical Circumstances and Final Determination of Targeted Dumping,
75 FR 20335 (19 April 2010);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 75 FR 28551 (21 May 2010);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
77 FR 74644 (17 December 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(10) Crystalline Silicon Photovoltaic Cells, Wh ether or Not Assembled into Modules,
from the People's Republic of China (USDOC investigation number A–570–979)

including:

o the Final Determination of Sales at Less Than Fair Value, and Affirmative Final
Determination of Critical Circumstances, in Part, 77 FR 63791 (17 October 2012);

o the Amended Final Determination of Sales at Less Than Fair Value, and Antidumping
Duty Order, 77 FR 73018 (7 December 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(11) Diamond Sawblades and Parts Thereof from the People's Republic of China (USDOC
investigation number A–570–900)

including:

o the Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances, 71 FR 29303 (22 May 2006);

o the Antidumping Duty Orders, 74 FR 57145 (4 November 2009);

o the Final Results of Antidumping Duty Administrative Review; 2009–2010,
78 FR 11143 (15 February 2013);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
78 FR 36166 (17 June 2013);

o the Notice of Court Decision Not in Harmony With Final Determination of Sales at Less
Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair
Value Pursuant to Court Decision, 78 FR 65289 (31 October 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(12) High Pressure Steel Cylinders From the People's Republic of China (USDOC
investigation number A–570–977)

including:

o the Final Determination of Sales at Less Than Fair Value, 77 FR 26739 (7 May 2012);

o the Antidumping Duty Order, 77 FR 37377 (21 June 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(13) Multilayered Wood Flooring From the People's Republic of China (USDOC
investigation number A–570–970)

including:

o the Final Determination of Sales at Less Than Fair Value, 76 FR 64318
(18 October 2011);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 76 FR 76690 (8 December 2011);

o the Amended Antidumping and Countervailing Duty Orders, 77 FR 5484
(3 February 2012);

o the Preliminary Results of Antidumping Duty Administrative Review; 2011-2012,
78 FR 70267 (25 November 2013) and any final determination in this proceeding;

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(14) Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China
(USDOC investigation number A–570–952)

including:

o the Final Determination of Sales at Less Than Fair Value, 75 FR 41808 (19 July 2010);

o the Amended Final Determination of Sale s at Less Than Fair Value, 75 FR 51979
(24 August 2010);

o the Antidumping Duty Orders, 75 FR 53632 (1 September 2010);

o the Amended Antidumping Duty Orders, 75 FR 56982 (17 September 2010);

o the Final Results of Antidumping Duty Administrative Review; 2010-2011,
78 FR 10130 (13 February 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(15) Polyethylene Retail Carrier Bags Fro m the People's Republic of China (USDOC
investigation number A–570–886)

including:

o the Notice of Final Determination of Sales at Less Than Fair Value, 69 FR 34125
(18 June 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value,
69 FR 42419 (15 July 2004);

o the Antidumping Duty Order, 69 FR 48201 (9 August 2004);

o the Final Results of Antidumping Duty Administrative Review, 74 FR 6857
(11 February 2009);

o the Final Results of Antidumping Duty Administrative Review, 74 FR 63718
(4 December 2009);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(16) Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of
China (USDOC investigation number A–570–924)

including:

o the Final Determination of Sales at Less Than Fair Value, 73 FR 55039
(24 September 2008);

o the Antidumping Duty Orders and Amended Final Determination of Sales at Less Than
Fair Value for the United Arab Emirates, 73 FR 66595 (10 November 2008);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
78 FR 35245 (12 June 2013);

o any modification, replacement or amendm ent to the measures listed above; and
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.

(17) Wooden Bedroom Furniture From th e People's Republic of China (USDOC
investigation number A–570–890)

including:

o the Final Determination of Sales at Less Than Fair Value, 69 FR 67313
(17 November 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 70 FR 329 (4 January 2005);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value/Pursuant
to Court Decision, 71 FR 34305 (14 June 2006);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value/Pursuant
to Court Decision, 71 FR 35870 (22 June 2006);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order/Pursuant to Court Decision, 71 FR 67099
(20 November 2006);

o the Final Results of Antidumping Duty Administrative Review; 2011, 78 FR 35249
(12 June 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of the Single
Rate Presumption.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

ANNEX 4
CHALLENGED MEASURES IN WHICH THE USDOC
APPLIED ASPECTS OF THE NME-WIDE METHODOLOGY (PARA. 17)
(1) Aluminum Extrusions from the People's Republic of China (USDOC investigation
number A–570–967)

including:

 o the Final Determination of Sales at Less Than Fair Value, 76 FR 18524 (4 April 2011);

o the Antidumping Duty Order, 76 FR 30650 (26 May 2011);

o the Preliminary Results of Antidumping Duty Administrative Review and Rescission, in
Part, 2010/12, 78 FR 34986 (11 June 2013) and any final determination in this
proceeding;

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(2) Certain Coated Paper Suitable for High -Quality Print Graphics Using Sheet-Fed
Presses From the People's Republic of China (USDOC investigation number
A-570-958)

including:

o the Final Determination of Sales at Less Than Fair Value, 75 FR 59217
(27 September 2010);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Order, 75 FR 70203 (17 November 2010);

o any modification, replacement or amendmen t to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(3) Certain Frozen and Canned Warmwater Shrimp From the People's Republic of
China (USDOC investigation number A–570–893)

including:

o the Notice of Final Determination of Sales at Less Than Fair Value, 69 FR 70997
(8 December 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 70 FR 5149 (1 February 2005);

o the Final Results of Administrative Review; 2011–2012, 78 FR 56209
(12 September 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(4) Certain New Pneumatic Off–The-Road Tires from the People's Republic of China
(USDOC investigation number A–570–912)

including:

o the Final Affirmative Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances, 73 FR 40485 (15 July 2008);

o the Notice of Amended Final Affirmative Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 73 FR 51624 (4 September 2008);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Amended Antidumping Duty Order in Accordance With Final Court Decision,
75 FR 49459 (13 August 2010);

o the Final Results of Antidumping Duty Administrative Review and Final Rescission, in
Part; 2010–2011, 78 FR 22513 (16 April 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(5) Certain Oil Country Tubular Goods from the People's Republic of China (USDOC
investigation number A–570–943)

including:

o the Final Determination of Sales at Less Than Fair Value, Affirmative Final
Determination of Critical Circumstances and Final Determination of Targeted Dumping,
75 FR 20335 (19 April 2010);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 75 FR 28551 (21 May 2010);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
77 FR 74644 (17 December 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(6) Crystalline Silicon Photovoltaic Cells, Wh ether or Not Assembled into Modules,
from the People's Republic of China (USDOC investigation number A–570–979)

including:

o the Final Determination of Sales at Less Than Fair Value, and Affirmative Final
Determination of Critical Circumstances, in Part, 77 FR 63791 (17 October 2012);

o the Amended Final Determination of Sales at Less Than Fair Value, and Antidumping
Duty Order, 77 FR 73018 (7 December 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(7) Diamond Sawblades and Parts Thereof from the People's Republic of China (USDOC
investigation number A–570–900)

including:

o the Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances, 71 FR 29303 (22 May 2006);

o the Antidumping Duty Orders, 74 FR 57145 (4 November 2009);

o the Final Results of Antidumping Duty Administrative Review; 2009–2010,
78 FR 11143 (15 February 2013);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
78 FR 36166 (17 June 2013);

o the Notice of Court Decision Not in Harmony With Final Determination of Sales at Less
Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair
Value Pursuant to Court Decision, 78 FR 65289 (31 October 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(8) High Pressure Steel Cylinders From the People's Republic of China (USDOC
investigation number A–570–977)

including:

o the Final Determination of Sales at Less Than Fair Value, 77 FR 26739 (7 May 2012);

o the Antidumping Duty Order, 77 FR 37377 (21 June 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(9) Multilayered Wood Flooring From the People's Republic of China (USDOC
investigation number A–570–970)

including:

o the Final Determination of Sales at Less Than Fair Value, 76 FR 64318
(18 October 2011);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 76 FR 76690 (8 December 2011);

o the Amended Antidumping and Countervailing Duty Orders, 77 FR 5484
(3 February 2012);

o the Preliminary Results of Antidumping Duty Administrative Review; 2011-2012,
78 FR 70267 (25 November 2013) and any final determination in this proceeding;

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(10) Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China
(USDOC investigation number A–570–952)

including:

o the Final Determination of Sales at Less Than Fair Value, 75 FR 41808 (19 July 2010);

o the Amended Final Determination of Sale s at Less Than Fair Value, 75 FR 51979
(24 August 2010);

o the Antidumping Duty Orders, 75 FR 53632 (1 September 2010);

o the Amended Antidumping Duty Orders, 75 FR 56982 (17 September 2010);

o the Final Results of Antidumping Duty Administrative Review; 2010-2011,
78 FR 10130 (13 February 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(11) Polyethylene Retail Carrier Bags Fro m the People's Republic of China (USDOC
investigation number A–570–886)

including:

o the Notice of Final Determination of Sales at Less Than Fair Value, 69 FR 34125
(18 June 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value,
69 FR 42419 (15 July 2004);

o the Antidumping Duty Order, 69 FR 48201 (9 August 2004);

o the Final Results of Antidumping Duty Administrative Review, 74 FR 6857
(11 February 2009);

o the Final Results of Antidumping Duty Administrative Review, 74 FR 63718
(4 December 2009);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(12) Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of
China (USDOC investigation number A–570–924)

including:

o the Final Determination of Sales at Less Than Fair Value, 73 FR 55039
(24 September 2008);

o the Antidumping Duty Orders and Amended Final Determination of Sales at Less Than
Fair Value for the United Arab Emirates, 73 FR 66595 (10 November 2008);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
78 FR 35245 (12 June 2013);

o any modification, replacement or amendm ent to the measures listed above; and
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.

(13) Wooden Bedroom Furniture From th e People's Republic of China (USDOC
investigation number A–570–890)

including:

o the Final Determination of Sales at Less Than Fair Value, 69 FR 67313
(17 November 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 70 FR 329 (4 January 2005);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value/Pursuant
to Court Decision, 71 FR 34305 (14 June 2006);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value/Pursuant
to Court Decision, 71 FR 35870 (22 June 2006);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order/Pursuant to Court Decision, 71 FR 67099
(20 November 2006);

o the Final Results of Antidumping Duty Administrative Review; 2011, 78 FR 35249
(12 June 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of any
challenged aspect of the NME-Wide Methodology.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

ANNEX 5
CHALLENGED MEASURES IN WHICH THE
USE OF ADVERSE FACTS AVAILABLE WAS APPLIED (PARA. 22)

(1) Aluminum Extrusions From the People's Republic of China (USDOC investigation
number A–570–967)

including:

 o the Final Determination of Sales at Less Than Fair Value, 76 FR 18524 (4 April 2011);

o the Antidumping Duty Order, 76 FR 30650 (26 May 2011);

o the Preliminary Results of Antidumping Duty Administrative Review and Rescission, in
Part, 2010/12, 78 FR 34986 (11 June 2013) and any final determination in this
proceeding;

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(2) Certain Coated Paper Suitable for High -Quality Print Graphics Using Sheet-Fed
Presses From the People's Republic of China (USDOC investigation number
A-570-958)

including:

o the Final Determination of Sales at Less Than Fair Value, 75 FR 59217
(27 September 2010);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Order, 75 FR 70203 (17 November 2010);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(3) Certain Frozen and Canned Warmwater Shrimp From the People's Republic of
China (USDOC investigation number A–570–893)

including:

o the Notice of Final Determination of Sales at Less Than Fair Value, 69 FR 70997
(8 December 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 70 FR 5149 (1 February 2005);

o the Final Results of Administrative Review; 2011-2012, 78 FR 56209
(12 September 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(4) Certain New Pneumatic Off–The-Road Tires from the People's Republic of China
(USDOC investigation number A–570–912)

including:

o the Final Affirmative Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances, 73 FR 40485 (15 July 2008);

o the Notice of Amended Final Affirmative Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 73 FR 51624 (4 September 2008);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Amended Antidumping Duty Order in Accordance With Final Court Decision,
75 FR 49459 (13 August 2010);

o the Final Results of Antidumping Duty Administrative Review and Final Rescission, in
Part; 2010–2011, 78 FR 22513 (16 April 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(5) Certain Oil Country Tubular Goods from the People's Republic of China (USDOC
investigation number A–570–943)

including:

o the Final Determination of Sales at Less Than Fair Value, Affirmative Final
Determination of Critical Circumstances and Final Determination of Targeted Dumping,
75 FR 20335 (19 April 2010);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 75 FR 28551 (21 May 2010);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
77 FR 74644 (17 December 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(6) Crystalline Silicon Photovoltaic Cells, Wh ether or Not Assembled into Modules,
from the People's Republic of China (USDOC investigation number A–570–979)

including:

o the Final Determination of Sales at Less Than Fair Value, and Affirmative Final
Determination of Critical Circumstances, in Part, 77 FR 63791 (17 October 2012);

o the Amended Final Determination of Sales at Less Than Fair Value, and Antidumping
Duty Order, 77 FR 73018 (7 December 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(7) Diamond Sawblades and Parts Thereof from the People's Republic of China (USDOC
investigation number A–570–900)

including:

o the Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances, 71 FR 29303 (22 May 2006);

o the Antidumping Duty Orders, 74 FR 57145 (4 November 2009);

o the Final Results of Antidumping Duty Administrative Review; 2009–2010,
78 FR 11143 (15 February 2013);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
78 FR 36166 (17 June 2013);

o the Notice of Court Decision Not in Harmony With Final Determination of Sales at Less
Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair
Value Pursuant to Court Decision, 78 FR 65289 (31 October 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(8) High Pressure Steel Cylinders From the People's Republic of China (USDOC
investigation number A–570–977)

including:

o the Final Determination of Sales at Less Than Fair Value, 77 FR 26739 (7 May 2012);

o the Antidumping Duty Order, 77 FR 37377 (21 June 2012);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(9) Multilayered Wood Flooring From the People's Republic of China (USDOC
investigation number A–570–970)

including:

o the Final Determination of Sales at Less Than Fair Value, 76 FR 64318
(18 October 2011);

o the Amended Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 76 FR 76690 (8 December 2011);

o the Amended Antidumping and Countervailing Duty Orders, 77 FR 5484
(3 February 2012);

o the Preliminary Results of Antidumping Duty Administrative Review; 2011-2012,
78 FR 70267 (25 November 2013) and any final determination in this proceeding;

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

(10) Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China
(USDOC investigation number A–570–952)

including:

o the Final Determination of Sales at Less Than Fair Value, 75 FR 41808 (19 July 2010);

o the Amended Final Determination of Sale s at Less Than Fair Value, 75 FR 51979
(24 August 2010);

o the Antidumping Duty Orders, 75 FR 53632 (1 September 2010);

o the Amended Antidumping Duty Orders, 75 FR 56982 (17 September 2010);

o the Final Results of Antidumping Duty Administrative Review; 2010-2011,
78 FR 10130 (13 February 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(11) Polyethylene Retail Carrier Bags Fro m the People's Republic of China (USDOC
investigation number A–570–886)

including:

o the Notice of Final Determination of Sales at Less Than Fair Value, 69 FR 34125
(18 June 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value,
69 FR 42419 (15 July 2004);

o the Antidumping Duty Order, 69 FR 48201 (9 August 2004);

o the Final Results of Antidumping Duty Administrative Review, 74 FR 6857
(11 February 2009);

o the Final Results of Antidumping Duty Administrative Review, 74 FR 63718
(4 December 2009);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(12) Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of
China (USDOC investigation number A–570–924)

including:

o the Final Determination of Sales at Less Than Fair Value, 73 FR 55039
(24 September 2008);

o the Antidumping Duty Orders and Amended Final Determination of Sales at Less Than
Fair Value for the United Arab Emirates, 73 FR 66595 (10 November 2008);

o the Final Results of Antidumping Duty Administrative Review; 2010–2011,
78 FR 35245 (12 June 2013);

o any modification, replacement or amendm ent to the measures listed above; and
WT/DS471/1 • G/L/1060 • G/ADP/D100/1

o any closely connected, subsequent measures that involve the application of adverse
facts available.

(13) Wooden Bedroom Furniture From th e People's Republic of China (USDOC
investigation number A–570–890)

including:

o the Final Determination of Sales at Less Than Fair Value, 69 FR 67313
(17 November 2004);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 70 FR 329 (4 January 2005);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value/Pursuant
to Court Decision, 71 FR 34305 (14 June 2006);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value/Pursuant
to Court Decision, 71 FR 35870 (22 June 2006);

o the Notice of Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order/Pursuant to Court Decision, 71 FR 67099
(20 November 2006);

o the Final Results of Antidumping Duty Administrative Review; 2011, 78 FR 35249
(12 June 2013);

o any modification, replacement or amendm ent to the measures listed above; and

o any closely connected, subsequent measures that involve the application of adverse
facts available.