United States - Measures Relating to Zeroing and Sunset Reviews

Report of the Appellate Body

On 24 November 2004, Japan requested consultations with the United States concerning (1) the USDOC’s “zeroing” practice in anti-dumping investigations, administrative reviews, sunset reviews, and also in assessing the final anti-dumping duty liability on entries upon liquidation; (2) the USDOC’s “irrefutable presumption” in sunset reviews; and (3) the waiver provisions of US law, which, in sunset reviews, oblige the USDOC, in certain situations, to find a likelihood of continuation or recurrence of dumping without performing a substantive review.

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