Dispute Settlement DS429

17/05/2013 12:00 - 881 Views

United States — Anti-Dumping Measures on Certain Frozen Warmwater Shrimp from Viet Nam

Short title:
Complainant:	Viet Nam
Respondent:	United States
Third Parties:	China; Ecuador; European Union; Japan; Norway; Thailand
Agreements cited: (as cited in request for consultations)	GATT 1994: Art. 1.1, VI:1, VI:2(a), VI:2, X Anti-dumping (Article VI of GATT 1994): Art. 1, 2.1, 2.4, 2.4.2, 6, 9, 11, 17.6(i),Annex II Agreement Establishing the World Trade Organization: Art. XVI:4 Dispute Settlement Understanding: Art.3.7, 19.1, 21.1, 21.3, 21.5
Request for Consultationsreceived:	20 February 2012

Consultations

Complaint by Viet Nam.

On 16 February 2012, 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 two administrative reviews and the five year “sunset review”, 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:1, VI:1, VI:2 and X:3(a) of the GATT 1994;
Articles 1, 2.1, 2.4, 2.4.2, 6, 9, 11, 17.6(i) and Annex II of the Anti-Dumping Agreement;
Article XVI:4 of the WTO Agreement;
Articles 3.7, 19.1, 21.1, 21.3 and 21.5 of the DSU; and
Viet Nam's Protocol of Accession.

On 17 January 2013, Viet Nam requested the establishment of a panel. At its meeting on 28 January 2013, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 27 February 2013, the DSB established a panel. China, the European Union, Japan, Norway and Thailand reserved their third-party rights. Subsequently, Ecuador reserved its third-party rights.