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WTO panel decision, U.S. dumping duties on Canadian lumber

WTO decision, U.S. dumping duties on Canadian lumber

The World Trade Organization today found in favor of the United States in a dispute involving the use of “zeroing” in calculating antidumping duties.

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Read a release from the WTO.

As explained in a release from the U.S. Trade Representative’s office, the dispute concerned a challenge by Canada to an antidumping investigation of softwood lumber products.  For the fifth time overall, and the first time in relation to the specific “differential pricing” methodology at issue in this dispute, a WTO panel disagreed with the WTO Appellate Body and found that WTO rules do not prohibit zeroing.

In its report, the WTO panel considered and rejected Appellate Body findings concerning the use of “zeroing” to calculate antidumping duties. The WTO panel interpreted the WTO Antidumping Agreement and found that the text does not prohibit zeroing under the alternative methodology designed to address targeted dumping, and found that reading a prohibition on zeroing into the text would render that alternative approach useless and would be contrary to the intention of WTO members. 

 

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Andy Siciliano
Partner and National Practice Leader
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E: asiciliano@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
T: 212-954-3094
E: labad@kpmg.com

Irina Vaysfeld
Principal
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E: ivaysfeld@kpmg.com

Amie Ahanchian
Managing Director
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Robert Waldrop
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E: rwaldrop@kpmg.com

Gisele Belotto
Managing Director
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E: gbelotto@kpmg.com

Christopher Young
Principal
T: 312-665-3229
E: christopheryoung@kpmg.com

Andy Doornaert
Managing Director
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E: adoornaert@kpmg.com

George Zaharatos
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E: gzaharatos@kpmg.com

Jessica Libby
Managing Director
T: 612-305-5533
E: jlibby@kpmg.com

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