INTRODUCTION

1.1 On 26 November 2008, the Government of the Kingdom of Thailand (“Thailand”) requested consultations pursuant to Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (the “GATT 1994”), Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), and Articles 17.2, 17.3 and 17.4 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the “Anti-Dumping Agreement”), concerning the United States' alleged application of the practice known as “zeroing” of negative dumping margins in the United States' determination of certain margins of dumping in its anti-dumping investigation of polyethylene retail carrier bags from Thailand. Thailand and the United States held consultations in Geneva on 28 January 2009, but failed to resolve the dispute. At the Dispute Settlement Body (the “DSB”) meeting held on 20 March 2009, Thailand requested the establishment of a panel pursuant to Article XXIII:1 of the GATT 1994, Articles 4 and 6 of the DSU, and Article 17.4 of the Anti-Dumping Agreement. At that meeting, the DSB established a panel pursuant to the request of Thailand.