The Appellate Body of the World Trade Organization (WTOAB) is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought on by WTO members. The WTOAB can uphold, modify or reverse the legal findings and conclusions of a panel, and Appellate Body Reports, once adopted by the Dispute Settlement Body (DSB), must be accepted by the parties to the dispute. The WTOAB has its seat in Geneva, Switzerland. It has been termed by at least one journalist as "effectively the supreme court of world trade".
The WTOAB was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).
Under the mandate of the Trump administration, the US held up appointments to the WTOAB in an effort to skew abritration in its favour. On 9 April 2019, US Trade Representative Robert Lighthizer said in reference to past adjudications over the policy of zeroing that the WTOAB had been "overreaching", as the government of Justin Trudeau was punished over softwood lumber.
The Agreement on the Application of Sanitary and Phytosanitary Measures, also known as the SPS Agreement, is an international treaty of the World Trade Organization (WTO). It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), and entered into force with the establishment of the WTO at the beginning of 1995. Broadly, the sanitary and phytosanitary ('SPS') measures covered by the agreement are those aimed at the protection of human, animal or plant life or health from certain risks.Under the SPS agreement, the WTO sets constraints on member-states' policies relating to food safety (bacterial contaminants, pesticides, inspection and labelling) as well as animal and plant health (phytosanitation) with respect to imported pests and diseases. There are 3 standards organizations who set standards that WTO members should base their SPS methodologies on. As provided for in Article 3, they are the Codex Alimentarius Commission (Codex), World Organization for Animal Health (OIE) and the Secretariat of the International Plant Protection Convention (IPPC).
The SPS agreement is closely linked to the Agreement on Technical Barriers to Trade, which was signed in the same year and has similar goals. The TBT Emerged from the Tokyo Round of WTO negotiations and was negotiated with the aim of ensuring non-discrimination in the adoption and implementation of technical regulations and standards.Amicus curiae
An amicus curiae (literally, "friend of the court"; plural, amici curiae) is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case; and is typically presented in the form of a brief. The decision on whether to consider an amicus brief lies within the discretion of the court. The phrase amicus curiae is legal Latin.Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice.
The BIA reviews the decisions of the U.S. immigration courts, some decisions of U.S. Citizenship and Immigration Services, and immigration violation arrests by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. BIA decisions are the final administrative action in a given case, and the next stage of appeal after a BIA decision is usually in the United States courts of appeals if an appeal is allowed by statute.
Most opinions of the BIA are unpublished and do not apply outside of the cases in which they were issued. However, a limited number of BIA decisions are selected for publication in the Administrative Decisions under the Immigration and Nationality Laws of the United States. There are currently 28 volumes of administrative precedent decisions under the Immigration and Nationality laws encompassing decisions dating back to 1940. BIA precedent decisions are legally binding on all components of the Department of Homeland Security (DHS). A precedent decision may be overruled by a published decision of the Attorney General, by a Federal court, by a subsequent BIA precedent decision, or by a change in the law.
The BIA is located in Bailey's Crossroads, Virginia, and, as of April 2009, had 14 board members, who are administrative judges appointed by the U.S. Attorney General. The size of the full BIA varies from time to time, depending on resignations, retirements, and new appointments; it may have up to fifteen board members under the current authorizing legislation. Decisions issued by the BIA are by made up of three-member panels in limited circumstances. Otherwise, the vast majority of cases are decided by single panel members. A single panel member can also use a process called summary affirmance, which is used in 10 percent of cases (as of 2008), to affirm the lower court without issuing a written decision.The BIA is notable in that one need not be an attorney to appear before it representing a client. However, non-attorneys must be part of a BIA-recognized organization (generally a nonprofit), and also have obtained BIA accreditation as individuals. A practice manual for appearing before the BIA is available from the U.S. Department of Justice. A handbook explaining the accreditation and recognition process is available from the nonprofit Catholic Legal Immigration Network (CLINIC).Canada–Australia salmon trade dispute
In the 1990s, a trade dispute over fresh salmon arose between Canada and Australia. In 1995, Canada made a complaint to the World Trade Organization, of which both countries are members, about Australia's restriction on imports of fresh salmon, which were part of a quarantine measure for health purposes.
WTO dispute resolution favored Canada, both in a 1997 panel decision and in a subsequent decision by the WTO Appellate Body. The WTO determined that the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) did not allow Australia's import ban. The WTO ordered Australia to lift its ban and increased quarantine requirements not only for salmon, but for imports of other species of fish as well. The parties settled their dispute in 2000.Dispute Settlement Body
The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) makes decisions on trade disputes between governments that are adjudicated by the Organization. Its decisions generally match those of the Dispute Panel.Dispute settlement in the World Trade Organization
Dispute settlement or dispute settlement system (DSS) is regarded by the World Trade Organization (WTO) as the central pillar of the multilateral trading system, and as the organization's "unique contribution to the stability of the global economy". A dispute arises when one member country adopts a trade policy measure or takes some action that one or more fellow members considers to be a breach of WTO agreements or to be a failure to live up to obligations. By joining the WTO, member countries have agreed that if they believe fellow members are in violation of trade rules, they will use the multilateral system of settling disputes instead of taking action unilaterally — this entails abiding by agreed procedures—Dispute Settlement Understanding—and respecting judgments, primarily of the Dispute Settlement Board (DSB), the WTO organ responsible for adjudication of disputes. A former WTO Director-General characterized the WTO dispute settlement system as "the most active international adjudicative mechanism in the world today." Chad P. Bown of the Peterson Institute for International Economics and Petros Mavroidis of Columbia Law School remarked on the 20th anniversary of the dispute settlement system that the system is "going strong" and that "there is no sign of weakening".Foreign Sales Corporation
Foreign Sales Corporation (FSC) was a type of tax device allowed under the United States Internal Revenue Code that allowed companies to receive a reduction in U.S. federal income tax for profits derived from exports.
The FSC was created in 1984 to replace the old export-promoting tax scheme, the Domestic International Sales Corporation, or DISC. An international dispute arose in 1971, when the United States introduced legislation providing for DISCs. These laws were challenged by the European Community under the GATT. The United States then counterclaimed that European tax regulations concerning extraterritorial income were also GATT-incompatible. In 1976, a GATT panel found that both DISCs and the European tax regulations were GATT-incompatible. These cases were settled, however, by the Tokyo Round Code on Subsidies and Countervailing Duties, predecessor to today's Subsidies and Countervailing Measures (SCM), and the GATT Council decided in 1981 to adopt the panel reports subject to the understanding that the terms of the settlement would apply. The WTO Panel in the 1999 case later ruled that the 1981 decision did not constitute a legal instrument within the meaning of GATT-1994, and hence was not binding on the panel.
The European Union (EU) launched legal proceedings against the U.S. law in the World Trade Organization (WTO) in 1999, claiming the U.S. law allowed an export subsidy. In March 2000, the Appellate Body of the WTO found that the FSC provisions of U.S. law constituted a prohibited export subsidy under the General Agreement on Tariffs and Trade (GATT) Uruguay Round code on Subsidies and Countervailing Measures. In 2000, the U.S. Congress enacted the FSC Repeal and Extraterritorial Income Exclusion Act of 2000, (ETI) repealing sections 921 through 927 of the Internal Revenue Code dealing with FSCs. The Act included new laws, however, to exclude extraterritorial income from taxation (the Extraterritorial income exclusion).
The European Union (EU) challenged ETI in 2001, claiming the new law did not properly implement the earlier WTO decision. The EU argued that the ETI effectively retained the export subsidy, albeit under a different name. The WTO found the ETI to be a prohibited export subsidy. The United States did not meet the deadline to implement this decision and, on 30 August 30, 2002, the WTO approved the European Union request for over USD 4 billion in retaliatory tariffs. Most observers viewed it as unlikely that the European Union would implement the sanctions, since the disruption that would be caused to transatlantic trade would rebound on European companies; it is likely rather than the EU will seek to use the threat of sanctions as a bargaining chip to obtain concessions from the US in other areas.Jennifer A. Hillman
Jennifer Anne Hillman is a law professor at the Georgetown University Law Center, teaching courses in international economic law, including international trade, investment and international business transactions. Hillman’s career focuses on international trade and investment, financial services and the adjudication of international economic disputes. She recently served as one of seven judges from around the world on the World Trade Organization’s (WTO) highest court, its Appellate Body, where she helped adjudicate 20 disputes involving a wide variety of legal obligations, ranging from claims arising from subsidies to Airbus, Boeing and US cotton producers, to regulations over trade in agriculture products, to antidumping disputes, to claims regarding the nature and extent of China’s WTO accession commitments. Hillman also has in-depth experience adjudicating antidumping, countervailing duty, patent and safeguards cases as a result of her nine-year service as a Commissioner at the United States International Trade Commission. Through her work as the General Counsel at the Office of the United States Trade Representative, Hillman was integrally involved in all litigation matters in which the United States was a party or third party in disputes before panels of the NAFTA or the WTO. She demonstrated great success at negotiating trade agreements, having reached mutually acceptable agreements with over 45 countries while serving as USTR’s Ambassador and Chief Textiles Negotiator. Hillman also has extensive policy-making experience, having worked in the United States Senate on numerous pieces of legislation relating to banking, securities, financial services, investment, housing and international trade.Jim Bacchus
James (Jim) Bacchus (born June 21, 1949). Mr. Bacchus currently serves as a Distinguished University Professor of Global Affairs and the Director of the Center for Global Economic and Environmental Opportunity at the University of Central Florida in Orlando, Florida, since September, 2017. He was a founding member and twice chairman of the Appellate Body of the World Trade Organization in Geneva, Switzerland from 1995-2003. Mr. Bacchus served as a former member of the U.S. House of Representatives from Florida from 1991-1995. Bacchus has served as Chairman of the Global Trade & Investment Practice Group at Greenberg Traurig, a Miami-based international law firm. He was also Co-Chair of its Global Practice Group. Bacchus has regularly written trade related articles for publications including Forbes and The Wall Street Journal. On February 23, 2007, Bacchus was named to a Department of Defense panel reviewing the Walter Reed Army Medical Center neglect scandal.
Juris Doctor, Florida State University College of Law, 1978. High Honors. Order of the Coif and served as editor-in-chief of the FSU Law Review. Master of Arts in History, Yale University, 1973. Woodrow Wilson Fellow. Bachelor of Arts, Vanderbilt University, 1971. Magna Cum Laude. Phi Beta Kappa. High Honors in History. Founders Scholar.
Honorary doctorates from Rollins College, Sierra Nevada College, and the University of Central Florida. Alumnus of the year of Florida State University in 2005. Named as one of the 100 leading alumni in the history of Florida State University.
Public Service - Sustainable Development, The WTO, and Environmental Action
Currently, Bacchus serves as a Distinguished University Professor of Global Affairs and the Director of the Center for Global Economic and Environmental Opportunity at the University of Central Florida. The mission of the Center is to foster links to sustainable development at every level and to explore new forms of governance at every level that further the creation of economic and environmental opportunity. The Center aims to help scale and link sustainability initiatives locally, regionally, and worldwide; help establish and strengthen the enabling frameworks of rules needed to support these initiatives and help them succeed; and help identify and advance international rules and international institutions needed for effective global economic and environmental governance.
The WTO dispute settlement system resolves international disputes involving more than 98% of all world commerce. Bacchus was nominated on a bipartisan basis by the United States and twice appointed to the Appellate Body by consensus of the now 164 countries that are Members of the WTO. Mr. Bacchus served eight years as a founding judge, the only American judge, and one of the seven judges worldwide on the highest global tribunal for world trade. He was twice elected as Chairman by his fellow judges, in 2002 and 2003. Bacchus Judged every international trade dispute and wrote landmark legal opinions along with six colleagues during the first decade of the WTO, every appellate judgment in every appeal during that time was by consensus. He helped establish the Appellate Body as a leading global tribunal and the WTO dispute settlement system as a leading framework for resolving international disputes and upholding the international rule of law. Bacchus was described by The American Lawyer magazine as “the John Marshall of the World Trade Organization” (March 2004).
Bacchus was the original co-sponsor of the implementing legislation for the Uruguay Round of multilateral trade agreements establishing the World Trade Organization and leading supporter of numerous other trade initiatives, including the North American Free Trade Agreement and normal trade relations with China.
Writer, speaker, and worldwide advocate for addressing economic, environmental, and social issues of global governance and global concern. Among numerous and varied current and recent international pursuits in public service: Member of the High Level Advisory Panel to the President of the Conference of Parties of the United Nations Framework Convention on Climate Change, 2014-2016. Chair of the Commission on Trade and Investment Policy of the Paris-based International Chamber of Commerce, since 2012. “B20” business adviser to the “G20” heads of state on the international economy, since 2014. Chair of the Global Agenda Council on Governance for Sustainability of the Davos-based World Economic Forum, 2012-2014. Member of the Global Future Council on Trade and Foreign Direct Investment of the World Economic Forum, 2011-2012, and since 2014. Member of the Board of Directors of the “E15” Initiative and chair of the global expert group on trade and climate change for the Geneva-based International Center for Trade and Sustainable Development, 2014-2015. Member of the Bretton Woods Committee, since 1995, and elected life member of the Council on Foreign Relations, since 1995. Member of the list of arbitration chairpersons under the CARIFORUM Economic Partnership Agreement between the European Union and the Caribbean CARIFORUM states, since 2016.
Domestic Public Service
In 1990, Bacchus was elected as a member of the Democratic Party to represent Florida's 11th congressional district in the 102nd Congress and Florida's 15th congressional district in the 103rd Congress in 1992. His districts included Orlando, Cape Canaveral, and much of East Central Florida. He was an active member of Congressional committees on science, space, technology, and banking and other financial services. He served as a member of select committee on children and a congressional leader and advocate on numerous trade, banking, technology, environmental, education, children, space, and other issues. He was a lead sponsor and supporter of the International Space Station, the Space Shuttle, the successful repair mission to the Hubble Space Telescope, and numerous other legislative initiatives involving public and private space exploration. He sponsored legislation establishing the Archie Carr National Wildlife Refuge for endangered sea turtles, expanding the Pelican Island National Wildlife Refuge (the nation’s oldest), and restoring the natural flow of the Kissimmee River into the Florida Everglades, among other environmental accomplishments.
Bacchus was Deputy Press Secretary and Chief Speechwriter for Florida Governor Reubin Askew from 1974-1976. Florida Governor Reubin Askew was named by the Kennedy School at Harvard University as one of the ten greatest American governors of the 20th century. He became Askew's special assistant from 1979 to 1981, after Askew was appointed U.S. Trade Representative. He helped craft and implement state initiatives in many areas, including ethics reform, judicial reform, international trade, economic development, education, environmental preservation, social services, and sustainable growth management. He co-authored the “Sunshine Amendment” to the Florida Constitution for open and ethical government. This led to later roles addressing the nexus of economic and environmental issues as general counsel to Florida’s state growth planning commission, 1985-1986, and as chairman of community development efforts in hometown of Orlando, 1987-1989, before election to the Congress of the United States. Bacchus assisted the USTR on trade issues and on trade negotiations worldwide, including implementation of the agreements resulting from the Tokyo Round of GATT multilateral trade negotiations, implementation of the first bilateral trade agreement between the United States and the People’s Republic of China, and international financial issues relating to the World Bank and other international financial institutions.
Bacchus enlisted service in the United States Army, the United States Army Reserve, the Connecticut National Guard, and the Florida National Guard, 1971-1977.
Bacchus was Chair of the Global Practice of Greenberg Traurig, P.A. with offices in Orlando, Florida, and Washington, D.C., January, 2004-August, 2017. Principal shareholder in the largest law firm in the United States, an international law firm of about 2000 lawyers, with 35 offices in the Americas, Europe, Asia, and the Middle East. Worldwide law practice focusing on international business, finance, trade, investment, climate change, environment, and sustainable development. He has several decades of experience as counsel on complex international matters of numerous kinds. Listed repeatedly in Chambers Global, Chambers USA, Washington DC Super Lawyers, and Best Lawyers in America.
He was Founder and Managing Shareholder of the Orlando, Florida, office of Greenberg Traurig, 1995-2001. Started the office alone after choosing not to seek re-election to a third term in the Congress. Office now includes more than 40 lawyers. On leave of absence while serving as Chairman of the WTO Appellate Body, 2001-2003. Attorney and Partner, Akerman Senterfitt & Eidson, Orlando, Florida, 1984-1990. Attorney, Greenberg Traurig, P.A., Miami, Florida, 1979, 1981-1982. Admitted, Florida Bar and District of Columbia Bar.
Pao Yu-Kong Chair University Professor, Zhejiang University, Hangzhou, China, since 2018.
Adjunct Scholar, Cato Institute, Washington, D.C, since 2018.
Global Fellow, The Centre for International Governance Innovation, Waterloo, Ontario, Canada, since 2017.Global Fellows Faculty Committee of the Asia Global Institute in Hong Kong, since 2017.
Honorary Professor of Law, University of International Business and Economics, Beijing, China, since 2010.
Faculty and Chairman for sessions of the Salzburg Global Seminar on trade and on sustainability in Salzburg, Austria, beginning in 2012. Senior Counsellor, International Centre for Trade and Sustainable Development, Geneva, Switzerland, 2017-2018.
Visiting Professor of Law, Vanderbilt University Law School, 2004-2009. Taught courses on international trade law and WTO dispute settlement. Lectured elsewhere in the law school and in other university departments.
Adjunct Professor, Department of Politics, Rollins College, 1995-1997. Distinguished Visiting Scholar in 1995. Taught courses on political philosophy and democratic governance.
Frequent lecturer on public international law; on international economic, environmental, and sustainability law; and on the international rule of law in law schools and research institutes worldwide, including Harvard, Yale, Columbia, Georgetown, Virginia, and other universities and institutes in the United States, and leading universities and institutes in Canada, China, Mexico, Argentina, Brazil, Germany, Italy, the United Kingdom, Spain, France, Denmark, the Netherlands, Switzerland, and other countries.Publications
Author of numerous newspaper, periodical, and journal articles and essays appearing in prominent publications worldwide on many aspects of international law and international political economy; of the book Trade and Freedom, published by Cameron May in London in 2004, sold worldwide, reprinted several times, and translated and published in Mandarin in China in 2014; and of the book The Willing World: Shaping and Sharing a Sustainable Global Prosperity, on global economic and environmental governance, published by Cambridge University Press in July, 2018, and named one of the “Best Books of the Year” for 2018 by the Financial Times.
Reporter and columnist, Orlando Sentinel, in Florida and in Washington, intermittently, 1968-1973. Reporter, Sanford Herald, Florida, 1964-1967. Winner of numerous journalism awards, including the national Silver Gavel Award for Outstanding Public Service in Journalism by the American Bar Association in 1974, for a series of articles on Florida prisons which helped lead to significant state prison reforms at that time.Kapil Mohan (IAS)
Kapil Mohan IAS is presently working as Principal Secretary Housing, Govt of Karnataka and Interim Authority of Real Estate Regulatory Authority(RERA), Karnataka. He was previously working as Chairman of KAT, KAT is a State level appellate body which adjudicates over 30 Acts of the state covering Revenue, Forest, Sales tax, Excise, Co-operation, and Registration etc.Like product
A “like product” describes the particular relationship in international trade law between two goods that are produced by two different trading nations. This concept is the foundation of the two central principles of the World Trade Organisation (WTO) system as outlined in the General Agreement on Tariffs and Trade 1947 (GATT): Most Favoured Nation (Article I) and National Treatment (Article III). If two products cannot be differentiated under the WTO system/GATT then the non-discrimination principle stipulates that a WTO trading member shall not discriminate between like products from different trading partners (giving them equally “most favoured-nation” status) and shall not discriminate between its own and like foreign products (giving them “national treatment”). In essence, if two products are found to be ‘like’ then the issue is whether the foreign product is treated less favourable than the domestic product or another foreign product.
The definition of ‘like product’ has given GATT and WTO's appellate body and panels many interpretive difficulties. It has been difficult to apply this concept of ‘like product’ uniformly throughout GATT since contracting parties have never developed a general definition of “like product” for application to all provisions of GATT, therefore likeness should be assessed on a case-by-case basis. The Japan – Custom Duties, Taxes and Labeling Practices on Imported Wines and Alcoholic Beverages panel and appellate body gave an apt metaphor in its final report:
"The concept of "likeness" is a relative one and evokes the image of an accordion. The accordion of "likeness" stretches and squeezes in different places as different provisions of the WTO Agreement are applied. The width of the accordion in any one of those places must be determined by the particular provision in which the term "like" is encountered as well as by the context and the circumstances that prevail in any given case to which that provision may apply".Merit Janow
Merit E. Janow is a professor in the practice of international trade and dean at Columbia University's School of International and Public Affairs. Professor Janow teaches graduate courses in international economic and trade policy at SIPA and international trade law and international antitrust at Columbia University Law School. Janow has also served on the WTO appellate body since November 2003. Since 1997 she has also been an executive director of a new international competition policy advisory committee to the attorney general and assistant attorney general for antitrust at the Department of Justice, Washington, D.C. From February 1990 through July 1993, she was deputy assistant U.S. trade representative for Japan and China at the Office of the U.S. Trade Representative. Her responsibilities within USTR included the development, coordination, and implementation of U.S. trade policy and negotiating strategy toward Japan and the People's Republic of China. Before joining USTR, Janow was an associate with the law firm of Skadden, Arps, Slate, Meagher and Flom, specializing in mergers and acquisitions and international corporate transactions. From 1980 to 1985, Janow was on the staff of the Hudson Institute, based initially in Tokyo and then in New York.
Professor Janow received a BA from the University of Michigan, Ann Arbor, and a JD from Columbia University Law School. She is a member of the Council on Foreign Relations, the National Committee on U.S.-China Relations, Asia Society, and the Japan Society, among others.
In 2009, she became a member of the International Advisory Council of the Chinese sovereign wealth fund China Investment Corporation.Parole Board for Scotland
The Parole Board for Scotland is a tribunal non-departmental public body in Scotland first established in 1967, with responsibility for parole decisions. Its decision making and operating are independent of the Scottish Government, and many of its decisions are binding on Scottish Minister. The Parole Board has statutory powers to:
Direct the release of prisoners with determinate sentences or extended sentences of 4 years or more (with licence where required);
Direct the release of prisoners with life sentences on life licence;
Recommend the recall to prison, in the public interest, of anyone released on parole or life licence;
Direct the re-release of prisoners recalled to prison.The Parole Board also has the power to advise the Scottish Ministers on additional conditions on prisoners' release licences, and it operates as appellate body for alleged breaches of Home Detention Curfew. The Parole Board can only make a determination where the Scottish Ministers refer a case.
John Watt is the current chairman having been appointed to that position on 1 January 2013.South Carolina Court of Appeals
The South Carolina Court of Appeals is the intermediate-level appellate court for the state of South Carolina.State Board of Equalization (California)
The State Board of Equalization (BOE) is a public agency charged with tax administration and fee collection in the state of California in the United States. The authorities of the Board fall into four broad areas: sales and use taxes, property taxes, special taxes, and acting as an appellate body for franchise and income tax appeals (which are collected by the Franchise Tax Board). The BOE is the only publicly elected tax commission in the United States. The board is made up of four directly elected members, each representing a district for four-year terms, along with the State Controller, who is elected on a statewide basis, serving as the fifth member. In June 2017, Governor Jerry Brown signed legislation stripping the Board of many of its powers, returning the agency to its original core responsibilities (originating in the State Constitution in 1879).WTO/FTA Moot
The WTO-FTA Moot or Asian WTO Moot is an annual international moot court competition that began in 2010. Hosted in Seoul, the competition is sponsored by the South Korean Ministry of Trade, Energy, and Trade and the Korean Society of International Economic Law. Judges in the competition include members of the Appellate Body of the World Trade Organization. Teams have to go through two preliminary rounds before the top eight teams by score advance to the first round of knockouts. The competition mainly comprises Korean teams, but since 2015 foreign schools have been invited to participate every year.World Trade Organization Ministerial Conference of 1998
The Second Ministerial Conference of the World Trade Organization was held in Geneva, Switzerland between 18 and 20 May 1998.World Trade Organization Ministerial Conference of 2013
The Ninth World Trade Organization Ministerial Conference was held in Bali, Indonesia from 3 to 7 December 2013. The conference was chaired by the Indonesian Trade Minister Gita Wirjawan.In this conference, 159 members of World Trade Organization agreed to the Bali Package which aims to ease barriers to international trade.Yemen's agreement was also registered, dependent on the country's membership ratification.Zeroing (trade)
Zeroing refers to a controversial methodology used by the United States for calculating antidumping duties against foreign products. The foreign domestic price (FDP) of the product is compared with its U.S. import price (USIP) adjusted for transportation and handling costs. Under zeroing, the United States sets at zero the negative differences (that is whenever FDP minus USIP is less than zero).
Critics of this methodology charge that, because negative amounts are excluded, zeroing results in the calculation of a margin and an antidumping duty in excess of the actual dumping practiced by the countries concerned. The European Union has called for establishment of a World Trade Organization dispute
settlement panel to rule on the U.S. practice of zeroing.
A report from the WTO's appellate body condemned this method as unfair.
“we are also of the view that a comparison between export price and normal value that does not take fully into account the prices of all comparable export transactions – such as the practice of “zeroing” at issue in this dispute – is not a “fair comparison” between export price and normal value, as required by Article 2.4 and by Article 2.4.2.; (Appellate Body Report, European Communities — Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India, WT/DS141/AB/R, adopted 12 March 2001).