United States — Anti-Dumping Determinations regarding Stainless Steel from Mexico

Consultations

Complaint by Mexico.

On 5 January 2005, Mexico requested consultations with the United States concerning (i) certain final anti-dumping determinations made by the United States Department of Commerce (“USDOC”) in respect of stainless steel sheet and strip coils from Mexico and (ii) certain generally applicable United States anti-dumping laws, regulations and administrative practices.

In respect of (i), according to Mexico, in each of the four determinations at issue the USDOC applied a methodology involving “zeroing” of negative dumping margins. In Mexico’s view, this may have resulted in the DOC making incorrect determinations of dumping margins and unfair comparisons. In respect of (ii), the generally applicable US anti-dumping laws, regulations and administrative practices which are of concern to Mexico are: Sections 736, 751, 771(35)(A) and (B), and 777A(c) and (d) of the US Tariff Act of 1930; and the USDOC rules codified in Title 19 of United States Code of Federal Regulations, sections 351.212(b), 351.414 c), d) and e). Mexico considers that both (i) and (ii) may be inconsistent with the US’ obligations under: Articles 1, 2 (in particular Articles 2.1, 2.4 and 2.4.2), 5 (in particular Article 5.8), 9 (in particular Article 9.3), 11 (in particular Article 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.

On 13 January 2005, Japan requested to join the consultations. On 19 January 2005, the European Communities requested to join the consultations.