Summary of key findings
In this dispute, Brazil challenged the 2005-2007 and 2007-2008 anti-dumping duty administrative reviews conducted by the United States Department of Commerce (“USDOC”) on imports of certain orange juice from Brazil (“the First and Second Administrative Reviews”), as well as the USDOC's continued use of “zeroing procedures” in successive anti-dumping proceedings, in relation to the anti-dumping duty order issued in respect of imports of certain orange juice from Brazil.
Brazil claimed that the United States' use of “zeroing” to determine the weighted average margins of dumping (relied upon to set cash deposit rates) and the importer-specific assessment rates of two respondents in the First and Second Administrative Reviews was inconsistent with Articles 2.4, 2.4.2 and 9.3 of the AD Agreement, and Article VI:2 of the GATT 1994. In addition, Brazil claimed that the USDOC's “continued use” of “zeroing” in successive proceedings under of the orange juice anti-dumping duty order amounted to “ongoing conduct” that is inconsistent with Articles 2.4, 2.4.2 and 9.3 of the AD Agreement and Article VI:2 of the GATT 1994.