Vietnam - Anti-dumping measures on Frozen Warmwater Shrimp

01/05/2016 12:00 - 2217 total view

This was a dispute arising between Vietnam and US relating to exports of frozen warm water shrimp originating in Vietnam.
The Panel was established on July 26th, 2010.
Title: US — Shrimp (Vietnam)
Complainant: Vietnam
Respondent: US
Third parties: China; EU ; India; Japan; Korea, Mexico; Thailand
Agreement cited (mentioned in request for consultations) Marrakesh Agreement : Article XVI:4
Protocol for the Accession : Anti – dumping (Article VI in GATT 1994): Article 1,
 Appendix 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: Article I, II, VI:1, VI:2(a)
Date of request for consultation: 01/02/2010

The summary below was up-to-date at 12th April 2016

Complaint by Vietnam

On February 2nd 2010, Vietnam requested consultations with the US concerning some anti-dumping measures on certain frozen warmwater shrimp from Vietnam. In addition to administrative reviews and reviews against new importers, the consultations also concerns several regulations and administrative procedures of US, including “zeroing” Vietnam assumed that these measures were inconsistent with US’ obligations under:

- Article I, II, VI:1 and VI:2 of General Agreement on Tariffs and Trade (GATT 1994);

- Some articles of Anti – dumping Agreement;

- Article XVI: 4 of WTO Agreement; and

- Protocol for the Accession of Vietnam.

On February 12th 2010, EU and Japan reserved their third-party rights . On February 15th 2010, Thailand also reserved its third- party right. On April 4th 2010, Vietnam requested the establishment of  the Panel. However, at the meeting on April 20th 2010, DSB deferred this.
Panel and Appellate Body Proceedings:

At the meeting on May 18th 2010, Dispute Settlement Body decided to establish the Panel. EU, Japan, Korea, Mexico and Thailand reserved their third-party rights. Subsequently, China and India also took part in as the third parties.

On July 17th 2010, Vietnam requested The Director General to define the components of the Panel.

On July 26th 2010, the Panel was composed.

On January 10th 2010, the Chair of the Panel informed the working time to DSB after consulting relevant parties and agreed to issue its final report on April 22th 2011.However, due to some unexpected conflicts, the Panel issued its final report on May 6th 2011.

On June 19th 2011, the Chair of the Panel informed DSB that the final report would be issued at the end of May, 2011.

Please find attached hereunder the relevant documents:
Request for Consultations
Report of Panel