WTO目标倾销规则视野下的归零法问题——评韩国洗衣机案

On the Methdology of Zeroing under the WTO Rules of Targeted Dumping: A Review on US-Washing Machines Case

目标倾销是《反倾销协议》第2.4.2条的例外规定。韩国洗衣机案中,专家组和上诉机构均裁定,美国在认定目标倾销后采用加权平均对交易加归零法计算倾销幅度的做法与WTO规则不符。这是上诉机构第一次认定目标倾销下归零法不符合WTO规则。对此裁决,一位上诉机构成员持有异议,但该不同意见难以自洽。多数意见是对WTO目标倾销规则更为合理的解释,也符合WTO争端解决机制的裁决一致性和可预见性的要求。晚近美国的反倾销调查异常频繁地认定存在目标倾销,是"掩护"归零做法的策略性选择。围绕目标倾销的争论可能尚未尘埃落定,我国应进一步加强对美国目标倾销测试方法的研究。

Targeted dumping is the exception of Article 2.4.2 of the Anti-dumping Agreement. In the US-Washing Machines case, both the Panel Report and the Appellate Body Report ruled that 'zeroing'under weight-average to transaction method applied by the US after the determination of targeted dumping was inconsistent with WTO rules. This is the very first time that the Appellate Body determined the inconsistency of this calculation method with WTO rules.However, one of the Appellate Body members expressed his dissenting opinion which, in our view, is not a reasonable explanation of Article 2.4.2. In contrast, the majority opinion provides a more rational analysis of WTO targeted dumping rules, which also meets the requirements of safeguarding consistency and predictability of jurisdiction within the WTO Dispute Settlement System. It is abnormal that the US frequently made determinations of targeted dumping during recent antidumping investigations, and we believe that this is the US's strategic choice to cover the application of 'zeroing'. Last but not least, discussions about targeted dumping may not end,so China should strengthen its research of the US targeted dumping test.