United
States – certain methodologies and their application to anti-dumping
proceedings involving china
AB-2016-7
Report of
the Appellate Body
Table of Contents
1 Introduction.. 9
2 Arguments of the
Participants. 15
3 Arguments of the third
participants. 15
4 Issues Raised in This
Appeal. 15
5 Analysis of the
Appellate Body. 16
5.1 China's claims pertaining to the USDOC's
application of the Nails test and its use of the W-T methodology in the three
challenged investigations. 16
5.1.1 Background. 17
5.1.2 The first and third alleged
quantitative flaws. 19
5.1.2.1 Whether the Panel erred under the
second sentence of Article 2.4.2 of the Anti‑Dumping Agreement in rejecting
China's claim in respect of the first alleged quantitative flaw.. 19
5.1.2.2 Whether the Panel erred under the
second sentence of Article 2.4.2 of the Anti‑Dumping Agreement in rejecting
China's claim in respect of the third alleged quantitative flaw.. 25
5.1.2.3 Whether the Panel failed to comply
with Article 17.6(i) of the Anti‑Dumping Agreement 29
5.1.3 Qualitative issues. 30
5.1.4 Use of averages in determining a
"pattern". 35
5.1.5 Whether the Panel erred under Article
2.4.2 of the Anti-Dumping Agreement in suggesting that comparison methodologies
may be combined to establish dumping margins. 42
5.2 The AFA Norm.. 43
5.2.1 Panel's findings. 44
5.2.2 Rules or norms of general and
prospective application. 47
5.2.3 Whether the Panel erred in finding that
China has not demonstrated that the AFA Norm is a norm of general and
prospective application. 50
5.2.4 China's request for completion – general
and prospective application. 53
5.2.5 China's request for completion –
Article 6.8 and paragraph 7 of Annex II to the
Anti-Dumping Agreement 57
5.2.6 Conclusion. 60
6 Findings And
Conclusions. 61
6.1 The USDOC's application of the Nails test
and its use of the W-T methodology in the three challenged investigations. 61
6.2 The AFA Norm.. 63
6.3 Recommendation. 64