Certain Shrimp from Viet Nam - The United States investigates anti-dumping measures (Dispute DS404)

28/06/2011 12:00 - 1489 total view

Panel composed on 26 July 2010

Key facts

Short title:

US — Shrimp (Viet Nam)


Viet Nam


United States of America

Third Parties:

China; European Union; India; Japan; Korea, Republic of; Mexico; Thailand

Agreements cited:
(as cited in request for consultations)

Agreement Establishing the World Trade Organization: Art. XVI:4
Protocol of Accession: General
Anti-dumping (Article VI of GATT 1994): Art.
1, Annex II, 6.8, 6.10, 9.1, 9.3, 9.4, 11.2, 11.3, 2.1, 18.1, 18.4, 2.4, 2.4.2
GATT 1994: Art. I, II, VI:1, VI:2(a)

Request for Consultations received:

1 February 2010

Summary of the dispute to date

The summary below was up-to-date at 11 May 2011


Complaint by Viet Nam.

On 1 February 2010, Viet Nam requested consultations with the United States concerning a number of anti-dumping measures on certain frozen warmwater shrimp from Viet Nam. In addition to several administrative and new shipper reviews, the request for consultations concerns several US laws, regulations, administrative proceedings and practices, including zeroing.

Viet Nam considers that these measures are inconsistent with the United States' obligations under:


  • Articles I, II, VI:1 and VI:2 of the GATT 1994;
  • several provisions of the Anti-Dumping Agreement;
  • Article XVI:4 of the WTO Agreement; and
  • Viet Nam's Protocol of Accession.


On 12 February 2010, the European Union and Japan requested to join the consultations. On 15 February 2010, Thailand requested to join the consultations.

On 7 April 2010, Viet Nam requested the establishment of a panel. At its meeting on 20 April 2010, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 18 May 2010, the DSB established a panel. The European Union, Japan, Korea, Mexico and Thailand reserved their third-party rights. Subsequently, China and India reserved their third-party rights. On 14 July 2010, Viet Nam requested the Director-General to determine the composition of the panel. On 26 July 2010, the Director-General composed the panel. On 10 January 2011, the Chairman of the panel notified the DSB that the original timetable adopted by the panel after consultations with the parties to the dispute envisaged that the final report would be issued to the parties on 22 April 2011. Due to unforeseen scheduling conflicts, the panel expected to issue the final report to the parties on 6 May 2011. On 19 April 2011, the Chairman of the panel informed the DSB that it now expected to issue its final report to the parties by the end of May 2011.

Case analysis