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AD Methodologies for Non-Market Economy Countries Being Challenged at WTO

Tuesday, April 08, 2014
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is inviting through May 2 comments on the issues raised in a World Trade Organization dispute brought by China alleging that the Department of Commerce’s conduct of certain antidumping proceedings violated WTO rules. These proceedings concern the following products from China: coated paper suitable for high-quality print graphics using sheet-fed presses, oil country tubular goods, high-pressure steel cylinders, polyethylene terephthalate film, sheet and strip, aluminum extrusions, frozen and canned warmwater shrimp, new pneumatic off-the-road tires, crystalline silicon photovoltaic cells whether or not assembled into modules, diamond sawblades and parts thereof, multilayered wood flooring, narrow woven ribbons with woven selvedge, polyethylene retail carrier bags, and wooden bedroom furniture.

China is challenging the DOC’s application of :

- a targeted dumping methodology, as well as the use of zeroing in connection with the application of that methodology, in (a) AD investigations with respect to coated paper, OCTG and steel cylinders and (b) administrative reviews with respect to PET film;

- a single rate presumption for non-market economies in AD investigations and administrative reviews with respect to aluminum extrusions, coated paper, shrimp, tires, OCTG, solar cells, sawblades, steel cylinders, wood flooring, ribbons, bags, PET film and furniture;

- an NME-wide methodology that includes failure to request information, failure to provide rights of defense and recourse to facts available in AD investigations and administrative reviews with respect to aluminum extrusions, coated paper, shrimp, tires, OCTG, solar cells, sawblades, steel cylinders, wood flooring, ribbons, bags, PET film and furniture;

- the application of adverse facts available in AD investigations and administrative reviews with respect to aluminum extrusions, coated paper, shrimp, tires, OCTG, solar cells, sawblades, steel cylinders, wood flooring, ribbons, bags, PET film and furniture; and

- the use of adverse facts available “as such,” which China argues has been consistently applied pursuant to 19 USC 1677e(b) and regulations set forth in 19 CFR 351.308.

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