Pridgeon & Clay, Inc.
Grand Rapids, Michigan 49507
February 2007
The Honorable Charles B.
Rangel, Chairman
Committee on Ways and Means
1102 Longworth House Office Building
Washington, D.C. 20515
Dear Mr. Chairman:
On behalf of
steel consuming industries, I am writing to encourage support for implementing
the Department of Commerce’s recent decision to abandon the WTO-illegal
practice of zeroing, in which negative price comparisons are inaccurately
treated as though they were zero. Abandoning zeroing will result in significant
benefits to U.S. manufacturers and the economy as a whole.
In antidumping
proceedings the Commerce Department compares all U.S. sales of an imported
product to a normal value (usually the home market selling price) to determine
whether, and the extent to which, dumping (sales at less than normal value of
the product as a whole) has taken place. Zeroing refers to the practice
employed by the Commerce Department of considering only those U.S. sales where
normal value is greater than the U.S. price, and ignoring transactions where
the reverse occurs, instead setting such negative comparison transactions equal
to zero.
Under this
practice, the weighted average margin of dumping is calculated without taking
into account negative comparison sales. Zeroing is currently used in
investigations and administrative reviews, as well as other proceedings under
the antidumping law. The Department’s current practice of zeroing has been
ruled inconsistent with U.S. WTO obligations several times.
The effect of
zeroing is not only contrary to WTO agreements that the United States has signed, but it also runs contrary to the best interest of the United States. The appropriate measure of the effect of dumping on the U.S. economy is to treat all
sales equally. A sale in the United States of an imported product at a price
greater than its home market selling prices is not accurately assessed by
zeroing. Rather, the law must recognize that it counterbalances sales at less
than the normal value for that product.
U.S. manufacturers need and deserve an accurate calculation of dumping duties. Both consumers and
producers are entitled to it. Manufacturers rely on vigorous competition in
securing their supplies of raw materials and components, and face tremendous
competition from global suppliers of their products. Zeroing inflates the duty
(tax) paid by importers raising costs of U.S. manufacturers, including
industrial consumers of steel and other industrial products used in the
manufacture of component parts and end products making it that much harder to
compete in the United States. The unintended consequence of zeroing is that it
encourages manufacturers to look to other countries as a base for manufacturing
the entire product.
The WTO decisions
on zeroing are in keeping with the letter of the WTO Antidumping Agreement,
properly concluding that a product “as a whole” under investigation or review
is the subject of a dumping margin calculation, and not the individual sales
transactions. These decisions represent the law of the WTO, and PMA urges the
U.S. authorities not to defy the law established in these cases, but rather
seek changes—if indeed such changes are in the national interest—through the
established processes of the WTO.
The time has come
for zeroing to be abandoned. Zeroing imposes a tax higher than permitted by
international rules and harms U.S. manufacturers that rely on competitive
international markets for their raw materials and other production input.
Sincerely,
Robert
E. Clay
CEO,
Co-Chrmn., Bd. of Dir.
Pridgeon
& Clay, Inc. is a metal stamping and fabricating company employing 800
people in Grand Rapids, MI. and 150 in Franklin, IN. It is the largest supplier
of stamped automotive exhaust components in North America and the third largest
consumer of ferritic stainless steels.
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