Dispute Settlement DS239

15/05/2013 12:00 - 847 Views

United States — Anti-Dumping Duties on Silicon Metal from Brazil

Short title:
Complainant:	Brazil
Respondent:	United States
Third Parties:
Agreements cited: (as cited in request for consultations)	Anti-dumping (Article VI of GATT 1994): Art. 5.8, 11
Request for Consultations received:	18 September 2001

Consultations

Complaint by Brazil.

On 17 September 2001, Brazil requested consultations with the US. On 1 November 2001, Brazil requested that their original request for consultations be cancelled and replaced with a new request. In this new request, Brazil requested consultations with the US in respect of the following:

Antidumping duties imposed by the US on imports of silicon metal from Brazil: Antidumping Duty Order: Silicon Metal From Brazil, 56 Fed. Reg. 36135 (July 31, 1991) (US case number A-351-806).
Section 351.106(c) of the US Department of Commerce’s (“Department”) regulations, which establishes that a de minimismargin of 0.5 percent applies for administrative reviews.
US “zeroing” methodology when establishing margins of dumping, as reflected in Chapter 6 of the Antidumping Manual of the Department and in Section 771(35) of the Tariff Act of 1930.

According to Brazil, the above methodologies are inconsistent with Articles 2.4.2, 5.8, 9.3, 11.1, 11.2 and 18.3 of the AD Agreement.

On 28 September 2001, Thailand requested to join the consultations. On 19 November 2001, the EC requested to join the consultations.