2. United States
7.7 The United States does not contest the accuracy of Korea's description of the zeroing
methodology as it relates to the investigations at issue in this dispute. Further, the United States does
not contest that the documentation submitted by Korea, including the computer programmes used to
calculate the dumping margins, was generated by the USDOC during the conduct of the investigations
at issue. Finally, the United States recognizes that in US – Softwood Lumber V, the Appellate Body
found that the use of "zeroing" with respect to the average-to-average comparison methodology in
investigations was inconsistent with the first sentence of Article 2.4.2, by interpreting the terms
"margins of dumping" and "all comparable export transactions" as used in the first sentence of
Article 2.4.2 in an integrated manner. The United States acknowledges that this reasoning is equally
applicable to the margins at issue in this dispute.
7.8 However, and to the extent Korea or the European Union suggest that the Panel should simply
base its findings upon a "consistent line of Appellate Body Reports", the United States submits that
prior panel and Appellate Body reports are not binding on panels in other disputes. The rights and
obligations of Members flow from the text of the covered agreements. Therefore, the Panel is not
bound to follow the reasoning of any prior report. According to the United States, the Panel is
charged with making its own objective assessment of the matter before it, including an objective
assessment of the facts and the applicability of and conformity with the covered agreements as
required by Article 11 of the DSU.