UNITED STATES – ANTI-DUMPING DETERMINATIONS REGARDING STAINLESS STEEL FROM MEXICO
Document: Request for Consultations by Mexico
Date: 10 January 2005
Document codes: WT/DS325/1; G/L/727; G/ADP/D60/1
Complainant: Mexico
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 1, 2, 5, 9, 11, 18.4  Anti-dumpingArt. VI, X:3  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – ANTI-DUMPING DETERMINATIONS REGARDING
STAINLESS STEEL FROM MEXICO

Request for Consultations by Mexico

 The following communication, dated 5 January 2005, from the delegation of Mexico 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.

 Acting on instructions from the relevant Mexi can Government authorities, I hereby request
the holding of consultations with the Government of the United States pursuant to Article 4 of the
WTO Understanding on Rules and Procedures G overning the Settlement of Disputes (DSU),
Article XXII of the General Ag reement on Tariffs and Trade 199 4 (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), in relation to:

1. The following determinations by the Un ited States Department of Commerce (USDOC),
case A-201-822:

• Final results of the anti-dumping investigation, entitled Final Determination of Sales
at Less than Fair Value: Stainless Steel Sheet and Strip in Coils from Mexico,
published in 64 Federal Register (FR) 3079 0 of 8 June 1999 (investigation) and its
amendments, 64 FR 40560 of 27 July 1999;

• Final results of the determination of anti-dumping duties for the period from
January 1999 to June 2000, entitled Stainless Steel Sheet and Strip in Coils from
Mexico: Final Results of Anti-Du mping Duty Administrative Review", published in
67 FR 6490 of 12 February 2002 (final resu lts of the determination of duties 1999-
2000) and its amendments, 67 FR 15542 of 2 April 2002;

• Final results of the determination of anti-dumping duties for the period from
July 2000 to June 2001, entitled " Stainless Steel Sheet and Strip in Coils from
Mexico: Final Results of Anti-Du mping Duty Administrative Review ", published in
68 FR 6889 of 11 February 2003 (final resu lts of the determination of duties 2000-
2001) and its amendments, 68 FR 13686 of 20 March 2003; and

• Final results of the determination of anti-dumping duties for the period from
July 2001 to June 2002, entitled " Stainless Steel Sheet and Strip in Coils from
Mexico: Final Results of Anti-Du mping Duty Administrative Review ", published in

69 FR 6529 of 10 February 2004 (final resu lts of the determination of duties 2001-
2002).

 In the above determinations, the USDOC u sed a methodology to determine the overall
dumping margin for the subject merchandise in which it considered negative dumping margins -
i.e. margins in which the weighted average e xport transaction prices for the corresponding sub-group
exceed the weighted average normal value - to be zero. As a result, the USDOC made a
determination of the dumping margin that would appear to be incorrect and a comparison that may not
be fair;

2. The following United States regula tions and administrative practices:

• Sections 736, 751, 771(35)(A) and (B), a nd 777A(c) and (d) of the Tariff Act of
1930;

• USDOC regulations codified at Title 19 of the United States Code of Federal
Regulations, sections 351.212(b), 351.414(c), (d) and (e).

 In Mexico's view, the above measures may vi olate the obligations of the United States under
the Marrakesh Agreement Establishing the WTO, including the agreements annexed thereto, and
could lead to the nullification or impairment of be nefits accruing directly or indirectly to Mexico
under that Agreement. In particular, Mexico c onsiders that the relevant US measures, laws,
regulations, and administrative practices could be inconsistent with the following provisions:

• Articles 1, 2 (in particular 2.1, 2.4 a nd 2.4.2), 5 (in particular 5.8), 9 (in
particular 9.3), 11 (in particular 11.2) and 18.4 of the Anti-Dumping Agreement;

• Articles VI:1 and VI:2, as well as X:3(a) of the GATT 1994; and

• Article XVI:4 of the WTO Agreement.

 Mexico reserves the right to raise further f actual and legal claims during the course of the
consultations. It looks forward to receiving the US Government's response in order to set a mutually
convenient date for the consultations.