September 11, 2013
Partner Kathleen W. Cannon was quoted in the Law360 article "Zeroing Faces Novel Test In WTO Row Over Washer Duties." The article discusses South Korea's recent challenge to the U.S.'s anti-dumping duties on washing machines, which were set by the U.S. Department of Commerce after a determination that South Korean companies were engaging in targeted dumping. South Korea, however, is challenging the Department of Commerce's use of zeroing, which is a controversial method of calculating dumping margin. This World Trade Organization filing calls for the WTO to formally address the validity of using zeroing to set duty rates in cases of targeted dumping.
Ms. Cannon, who typically represents domestic producers in trade remedy cases, said "We are obviously hoping that the U.S. analysis is upheld. Otherwise, it's going to mask dumping." She believes the U.S. Department of Commerce's approach is correct, given that unfairly low-priced sales could be covered up.