Chicago Journal of International Law


Rulings of the United States International Trade Commission ("US ITC") have recently been challenged before the WTO, and various Dispute Settlement Boards ("DSBs") have determined that several of the United States' laws implementing the WTO do not conform with the various agreements of GATT 1994. In addition to questions over the implementation of GATT 1994, various parties have also questioned whether the US Department of Commerce's ("DOC") interpretation of the US antidumping laws comports with those agreements. This development will consider the latter of the two issues, especially addressing the actual standard of review the DSBs use when examining national interpretations of GATT 1994. This development will show that the DSBs are applying a nondeferential standard whereby the Boards substitute their own interpretation of the agreements for that of the member nations.