論歸零措施之適用及其衍生之機制平衡問題

Abstract

Zeroing is a calculating method for decidingdumping margin of imported products. By treating the “negative dumping margin” as zero, such calculating methodoften leads toincreases of the exporter's margin of dumping and make the imported products subject to higher anti-dumping duty. Since the zeroing methodology causes inflationof dumping margins, it was challenged by some WTO Members time and again. However, due to the fact that the Anti-dumping Agreement does not have any provision in its textdealing withthe subject of zeroing methodology, the Panels and the Appellate Body had different views on this.This has createdtensions between them. Furthermore, the position against the use of zeroing methodology of the Appellate Body has also caused concern about judicial activism, and has led to the question of balance between the semi-judicial organ and the legislative function under the WTO. The author is of the view that in the short run, the Appellate Body should exercise judicial restraint to avoid undermining the rule-making power of the WTO Members. In the long run, explicit rules concerning the legality of zeroing methodology are recommended to be added into the Anti-dumping agreements.