From The Wto Anti-dumping Zero Controversial Conflict Of The Principle Of Legal Interpretation

Zeroing is the practice of calculating negative dumping margins as zero for the purpose of determining whether dumping has occurred, which has been at issue and has been challenged in WTO dispute settlement body for several times. While WTO decisions ruled that zeroing is inconsistent with WTO Antidumping Agreement, federal courts in U.S has found that it is a long-standing and reasonable practice under laws of United States by applying Chevron doctrine and by precluding the application of Charming Besty canon. The decisions of courts in U.S reveal the conflict of Chevron doctrine and Charming Besty canon.Apart from preface and conclusion, this passage consists of four chapters as follows:Chapter one outlines the definition of zeroing practice and demonstrates its detailed process of calculation, so that reveals the nature and negative effect of zeroing.Chapter two introduces some typical zeroing-related cases, including WTO cases and United States cases, which show different attitudes towards zeroing.Chapter three analyzes the interplay between Chevron doctrine and Charming Besty canon. The United States' courts usually preclude the application of Charming Besty canon. This chapter will introduce the theoretical method to reconcile the Chevron doctrine with Charming Besty principle in face of ambiguous domestic law and an adverse WTO decision in international trade area. It is concluded that Charming Besty principle shall be a limitation to the second prong of Chevron doctrine. The agency interpretation which complies with international obligations of the United States is a permissible one and shall be granted deference to by court. WTO decisions shall be persuasive in order to determine whether the agency interpretation is reasonable.Chapter four focuses on the latest revolution of zeroing practice in Doha Round, including the reverse and evolution of zeroing dispute.