UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA REQUEST FOR THE ESTABLISHMENT OF A PANEL BY CHINA
Document: REQUEST FOR THE ESTABLISHMENT OF A PANEL
Date: 14 February 2014
Document codes: WT/DS471/5
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 THE ESTABLISHMENT OF A PANEL BY CHINA
The following communication, dated 13 February 2014, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

Agreement on Tariffs and Trade 1994 ("GATT 1994") and Article 17 of the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("Anti-Dumping
Agreement").
1
2. Consultations were held on 23 January 2014 with a view to reaching a mutually satisfactory
solution. While these consultations assisted in clarifying some of the issues before the parties, they
failed to resolve the dispute.
3. Therefore, China respectfully requests, purs uant to Articles 4.7 and 6 of the DSU,
Article XXIII of the GATT 1994 and Articles 17.4 and 17.5 of the Anti-Dumping Agreement, that
the Dispute Settlement Body ("DSB") establish a panel to examine this matter with the standard
terms of reference described in Article 7.1 of the DSU.
4. In the following sections, China identifies the specific measures at issue and provides a brief
summary of the legal basis of the complaint sufficient to present the problem clearly.
A. Application of the targeted dumping methodology in original
investigations
5. 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 amongst different 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, for
convenience, collectively referred to as the "Nails Test".
6. In certain determinations in which application of the Nails Test led to a determination of
what the USDOC considered to be 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.

1 The request for consultations was circulated on 16 December 2013 in document WT/DS471/1,
G/L/1060, G/ADP/D100/1.

7. 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. However, when aggregating these intermediate comparison results, the USDOC used
"zeroing" procedures, whereby it disregarded ( i.e., treated as zero) any amounts by which the
export price of a given transaction exceeded the weighted average normal value. In addition, in
each of the relevant investigations, the USDOC had divided the product group into separate
models for purposes of comparing normal value and export prices. The USDOC nonetheless applied
the W-T comparison methodology to all US sales of all models sold by the relevant exporters, even
though the conditions of the Nails Test were only satisfied with respect to certain US sales or
models sold by the relevant exporters.
8. China refers collectively to the practices referred to in paragraphs 0 to 0 above as the
"targeted dumping methodology". For purposes of th is request , the measures at issue include the
determinations from anti-dumping investigations and related measures listed in Annex 1 in which
the USDOC applied the targeted dumping methodology.
9. China considers 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 applied by USDOC in each of the
challenged investigations are not appropriate to identify a "pattern of export prices
which differ significantly among different purchasers, regions or time periods" in
the sense of the second sentence of Article 2.4.2;
b) the USDOC omitted or otherwise failed to provide a reasoned and adequate
explanation as to why the pattern of export prices USDOC purported to identify in
each challenged investigation could not be taken into account appropriately by use
of a weighted average-to-weighted average ("W-W") or transaction-to-transaction
comparison, as required by the second sentence of Article 2.4.2;
c) the USDOC applied the W-T comparison methodology to all US sales by relevant
exporters, even though the conditions of the Nails Test were only satisfied with
respect to certain US sales or models sold by the exporters concerned; and
d) the USDOC used zeroing procedures when aggregating the results of individual
W-T comparisons, thereby failing to determine the margin of dumping for the
product as a whole.
B. Application of the targeted dumping methodology in reviews
10. 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 US sales during the period of review.
11. The measures at issue include the review determination and related measures listed in
Annex 2.
12. China considers that the use by the USDOC of its targeted dumping methodology in the
review phase of anti-dumping proceedings, as described in paragraph 10 above, is inconsistent
with Article 9.3 of the Anti-Dumping Agreement and Article VI:2 of the GATT 1994, because inter
alia, by using zeroing procedures, the USDOC fail s to ensure that the amount of assessed
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
13. In anti-dumping proceedings relating to imports from countries that the United States
considers to be non-market economies ("NMEs"), the USDOC 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 exporters to rebut this presumption, and they may only do so by
providing sufficient proof of an absence of government control, in law ( de jure) and in fact ( de
facto), with respect to their export activities, based on a number of factors comprising the
United States' "separate rate" test. China refers to this US rule, as a whole, comprising both the
presumption and the separate rate test through which it may be rebutted, as the "Single Rate
Presumption".
14. The Single Rate Presumption is a norm of general and prospective application. The Single
Rate Presumption is evidenced by consistent app lication by the USDOC and is applied pursuant to
the following measures:
 The regulation set forth in 19 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.

15. For purposes of this request, the measures at issue include the Single Rate Presumption, as
such, and the instruments listed in paragraph 14 above, as such.
16. The measures at issue also include the determinations and related measures listed in
Annex 3, in which the Single Rate Presumption was applied.
17. China considers that these measures are inconsistent with the obligations of the
United States under the following provisions of the Anti-Dumping Agreement:
a) Article 6.10, because, inter alia, the USDOC 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, because, inter alia, the USDOC 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, because, inter alia, the USDOC 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 exporters or producers, excluding
any zero and de minimis margins and margins established by resorting to facts
available.
D. The NME-Wide Methodology
18. Applying the Single Rate Presumption, the USDOC calculates a single margin of dumping, or
a single anti-dumping duty rate, for the NME-wide entity. In doing so, the USDOC 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 inform ation 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 the application of 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 whol e, 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 the
application of 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 basi s 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 the application of this practice, for ease of reference, as
the "recourse to facts available".

19. For purposes of this request, the measures at issue include the determinations and related
measures listed in Annex 4, in which the USDOC applied practices described in paragraph 18
above.
20. China considers 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 in the challenged measures, the USDOC
failed to request necessary information from producers and exporters, and failed 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 in the challenged
measures, the USDOC did not specify in detail the information required from all
interested parties, and, with regard to the recourse to facts available in the
challenged measures, the USDOC resorted to facts available in making dumping
determinations without having requested from the interested parties the
information necessary to make such determinations;
c) Article 6.8 and Annex II, because, inter alia , with regard to the recourse to facts
available in the challenged measures, the USDOC did 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, failed to
use the best information available, and fa iled 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 weighted average
margin of dumping established with respect to the selected exporters or producers,
excluding any zero and de minimis margins and margins established by resorting
to facts available.
E. The Use of Adverse Facts Available
21. 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".
2 China refers to the USDOC's approach as
the "Use of Adverse Facts Available".
22. 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 is evidenced by consistent application
by the USDOC and, in relation to NMEs, the Import Administration Antidumping Manual, 2009,
Chapter 10.
23. The Use of Adverse Facts Available is consistently applied 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.

24. For purposes of this request, the measures at issue include the Use of Adverse Facts
Available, as such, and the instruments listed in paragraph 23 above, as such.

2 Section 776(b) of the Tariff Act of 1930, codified at 19 U.S.C. § 1677e(b).

25. 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.
26. China considers 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.

27. China asks that this request be placed on th e agenda for the meeting of the DSB scheduled
to take place on 26 February 2014.

ANNEX 1
CHALLENGED MEASURES IN INVESTIGATIONS IN WHICH THE USDOC
APPLIED THE TARGETED DUMPING METHODOLOGY (PARA. 8)
(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.

ANNEX 2
CHALLENGED MEASURES IN REVIEWS IN WHICH THE USDOC
APPLIED THE TARGETED DUMPING METHODOLOGY (PARA. 11)
(1) 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.

ANNEX 3
CHALLENGED MEASURES IN WHICH THE USDOC
APPLIED THE SINGLE RATE PRESUMPTION (PARA. 16)
(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 Final Results of Antidumping Duty Administrative Review and Rescission, in Part,
2010/12, 79 FR 96 (2 January 2014);

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.

(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 the Single
Rate Presumption.

(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 the Single
Rate Presumption.

(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 Accord ance 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.

(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 the Single
Rate Presumption.

(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 the Single
Rate Presumption.

(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 the Single
Rate Presumption.

(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 the Single
Rate Presumption.

(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 the Single
Rate Presumption.

(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 the Single
Rate Presumption.

(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 the Single
Rate Presumption.

(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

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

(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 the Single
Rate Presumption.

ANNEX 4
CHALLENGED MEASURES IN WHICH THE USDOC
APPLIED ASPECTS OF THE NME-WIDE METHODOLOGY (PARA. 19)
(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 Final Results of Antidumping Duty Administrative Review and Rescission, in Part,
2010/12, 79 FR 96 (2 January 2014);

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 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.

(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.

(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.

(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.

(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

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.

ANNEX 5
CHALLENGED MEASURES IN WHICH THE USE OF ADVERSE FACTS
AVAILABLE WAS APPLIED (PARA. 25)
(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 Final Results of Antidumping Duty Administrative Review and Rescission, in Part,
2010/12, 79 FR 96 (2 January 2014);

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.

(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.

(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.

(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

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.