UNITED STATES – CONTINUED EXISTENCE AND APPLICATION OF ZEROING METHODOLOGY
Document: Status Report by the United States Addendum
Date: 14 January 2011
Document codes: WT/DS350/18/Add.13
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 13 January 2011, from the delegation of the
United States to the Chairman of the Dispute Settleme nt 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, on 20 March 2009, the United States informed the
DSB of its intention to implement the recommendati ons and rulings of the 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 recomm endations 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 Ssection 129(b). On 12 March 2010, the Department issued the final results
under Section 129(b) with respect to the four dete rminations 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),
available at http://frwebgate1.access.gpo.go v/cgi-bin/PDFgate.cgi?WAISdocID=PiKeu1
/0/2/0&WAISaction=retrieve. Under US law, ther e will be a period for public comment 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.