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USTR Invites Comments on WTO Case Against AD/CV Duties on Korean Washers

Thursday, February 27, 2014
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is accepting through March 31 comments on the issues raised in a World Trade Organization case brought by Korea against the United States’ antidumping and countervailing duty orders on large residential washers from Korea. According to USTR, Korea:

- alleges that the International Trade Administration improperly calculated margins of dumping through its application of an alternative, average-to-transaction comparison methodology and its alleged use of a methodology that Korea describes as zeroing;

- alleges that the final affirmative dumping and subsidy determinations and AD and CV duty orders, as well as preliminary and final determinations in administrative reviews, new shipper reviews, sunset reviews, changed circumstances reviews, and other segments of the proceedings, are inconsistent with the WTO Anti-Dumping Agreement and the General Agreement on Tariffs and Trade 1994;

- is challenging “as such” the ITA’s use of an alternative, average-to-transaction comparison methodology and its alleged use of a methodology described as zeroing;

- alleges that these methodologies are inconsistent “as such” with articles 1, 2.1, 2.4, 2.4.2, 9.3, 9.5, 11.2, 11.3, and 18.4 of the AD Agreement, articles VI:1 and VI:2 of the GATT 1994 and article XVI:4 of the WTO Agreement; and

- alleges that the ITA improperly calculated CV duties with respect to certain tax credits received by one respondent.

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