"The World and Japan" Database (Project Leader: TANAKA Akihiko)
Database of Japanese Politics and International Relations
National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] Final Report of the Panel regarding the United States' Measures relating to "Zeroing"

[Place] Geneva
[Date] April 25, 2009
[Source] The Ministry of Foreign Affairs of Japan
[Full text]

1. Decision by the Appellate Body of the WTO has already been adopted that the United States' anti-dumping duty imposition based on "zeroing" methodology on the exporting products from Japanese companies is inconsistent with the WTO Agreements. Thus, the United States was requested to bring such WTO inconsistent measures into conformity with the WTO Agreements according to the recommendations and rulings of the Dispute Settlement Body for the WTO (DSB). However, since the United Stated had failed to do so by the end of the reasonable period of time for its implementation, Japan requested the establishment of a panel again (Recourse to Article 21.5 of the DSU) in April 2008.

2. On April 24 2009, in Geneva, the Panel of the WTO circulated its Final Report which completely accepted Japan's claims and found that the United States failed to take measures to comply with the DSB's recommendations and rulings and that the measures taken to comply by the United States were inconsistent with the WTO Agreements, which are the violation of the WTO Agreements.

3. Japan welcomes this Final Report of the Panel and hopes that the United States will faithfully and promptly bring the WTO inconsistent measures into conformity with the WTO Agreements and that consequently the effectiveness of the Dispute Settlement System of the WTO will be sustained.