The Government of China filed a request for consultations at the WTO on the United States' zeroing practice. In its March 2 filing, China alleges that Commerce's "zeroing" practice is inconsistent with the obligations of the United States under the Anti-Dumping Agreement. See, http://www.wto.org/english/news_e/news11_e/ds422rfc_28feb11_e.htm.
Other countries already have successfully disputed Commerce's zeroing practice in challenges brought to the WTO. As a result of those disputes, in December 2010, Commerce proposed modifications to its calculation methodologies that would end the use of zeroing in annual reviews in antidumping cases. When the comment period closed on February 18, over fifty letters had been filed in response to Commerce's request. The responding parties included nine foreign governments, 23 members of Congress, and representatives from many U.S. and foreign industries.
For a brief discussion of Commerce's December request for comments, see the February 2011 edition of the Trade & Manufacturing Alert. See, http://www.kslaw.com//library/newsletters/TradeManufacturingAlert/2011/February/index.html.