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China Challenges U.S. Antidumping Methodologies in WTO Case

Friday, January 24, 2014
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is accepting comments through Feb. 14 on the issues raised in a World Trade Organization dispute settlement case initiated by China in December 2013 concerning U.S. antidumping measures on the following products: 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 warmwater shrimp, new pneumatic off-the-road tires, crystalline silicon photovoltaic cells, 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 Department of Commerce’s application in AD investigations and administrative reviews of what it describes as (a) a targeted dumping methodology and the use of zeroing in connection with the application of such methodology, (b) a single rate presumption for non-market economies, (c) a non-market economy-wide methodology that includes as features the failure to request information, the failure to provide rights of defense and the recourse to facts available, and (d) adverse facts available.

This challenge includes Commerce’s final AD duty determinations, any modification, replacement or amendment of such final determinations, and “any closely connected, subsequent measures” that involve the application of the targeted dumping methodology, the single rate presumption, the NME-wide methodology or adverse facts available. China also challenges the single rate presumption and the use of adverse facts available “as such.”

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