UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Request to Join Consultations Communication from India
Date: 7 December 2004
Document codes: WT/DS322/2
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO ZEROING
AND SUNSET REVIEWS

Request to Join Consultations

Communication from India

 The following communication, dated 3 December 2004, from the delegation of India to the
delegation of the United States, the delegation of Japan and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Indi a hereby notifies its desire to be joined in the
consultations requested by the Permanent Mission of Japan to the Permanent Mission of the United
States and to the Chairman of the Dispute Settlement Body (DSB) pursuant to Article 4 of the
Understanding on the Rules and Procedures Gove rning the Settlement of Disputes (DSU),
Article XXII: 1 of General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 17.2 of
the Agreement on Implementation of Article VI of GATT 1994 (the Anti-Dumping Agreement)
regarding certain measures imposed by the United St ates including: (1) the "zeroing" practice by
which the United States Department of Commerce ("USDOC") treats transactions with negative
dumping margins as having margins equal to zero in determining weighted average dumping margins
in anti-dumping investigations, administrative review s, and sunset reviews, and also in assessing the
final anti-dumping duty liability on entries upon liquida tion; (2) in sunset reviews, the USDOC's
"irrefutable presumption" of the likelihood of continuance or recurrence of dumping in certain
specific factual situations; and (3) in sunset revi ews, the waiver provisions of US law, which oblige
the USDOC, in certain situations, to find a lik elihood of continuation or recurrence of dumping
without performing a substantive review. The 24 November 2004 communication from the
Permanent Mission of Japan to the Permanent Missi on of the United States was circulated to WTO
Members on 29 November 2004 (WT/DS322/1; G/L/720; G/ADP/D58/1).

 India has substantial trade interest in the consu ltations on the matter in the dispute, as well as
systemic interest in the matter of calculation of dumping margins and sunset reviews. India’s trade
and systemic interest is also confirmed by th e dispute settlement proceedings pursuant to the
consultations requested by India in EC-anti-dumpi ng duties on imports of cotton-type bed-linen from
India (WT/DS141/1; G/L/253; G/ADP/D13/1). We would be grateful of being informed of the date
and venue of consultations, so as to enable us to participate in the consultations.