Report of the Panel

Summary

INTRODUCTION

1.1 On 27 November 2008, the Government of Brazil ("Brazil") requested consultations with the Government of the United States of America (the "United States") under Articles 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU"), Article XXII:1 of the General Agreement on Tariffs and Trade of 1994 (the "GATT 1994") and Articles 17.2 and 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade of 1994 (the "AD Agreement"), with regard to certain laws, regulations, administrative procedures, practices and methodologies for calculating dumping margins in administrative reviews, involving the alleged use of so-called "zeroing", and their application in anti-dumping duty administrative reviews regarding imports of certain orange juice from Brazil (case No A- 351-840). On 22 May 2009, Brazil requested further consultations with the United States with regard to the alleged use of "zeroing" in the anti-dumping duty investigation and in the second administrative review related to case No A- 351-840 as well as to the continued use of the United States "zeroing procedures" in successive anti-dumping proceedings regarding imports of certain orange juice from Brazil. The consultations were held on 16 January and 18 June 2009, respectively. The consultations failed to resolve the dispute.