The US Department of Commerce (DOC) has announced the implementation of the findings of the World Trade Organization (WTO) dispute settlement panel and Appellate Body in the United States into its final antidumping measures on stainless steel from Mexico under section 129 of the Uruguay Round Agreements Act (URAA)
On March 31, 2009, the DOC issued a determination regarding the dumping margin calculation in the less-than-fair-value investigation of stainless steel sheet and strip in coils from Mexico challenged by Mexico before the WTO. On April 23, 2009, the US Trade Representative (USTR) instructed the DOC to implement this determination under section 129 of the URAA.
Section 129 of the URAA governs the nature and effect of determinations issued by the DOC to implement findings by WTO dispute settlement panels and the Appellate Body. Section 129 also provides that within 180 days of a written request from USTR, the DOC shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. After consulting with the DOC and the appropriate congressional committees, USTR may direct the DOC to implement, in whole or in part, the new determination made under section 129.
On April 23, 2009, in accordance with section 129 of the URAA, USTR directed the DOC to implement this determination, effective April 23, 2009. Accordingly, the DOC will instruct US Customs and Border Protection (CBP) to change the all-others cash-deposit rate from 30.85 percent ad valorem to 30.69 percent ad valorem.