Dispute Settlement: Dispute DS404

14/01/2011 12:00 - 1133 Views

United States — Anti-dumping Measures on Certain Shrimp from Viet Nam

Current status: Panel composed on 26 July 2010

Key facts

Short title:	US — Shrimp (Viet Nam)
Complainant:	Viet Nam
Respondent:	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 Anti-dumping (Article VI of GATT 1994): Art. 1, Annex II, 6.8, 6.10, 9.1, 9.3, 9.3, 9.4, 11.1, 11.2, 11.3, 11.3, 2.1, 2.1, 18.1, 18.3, 18.4, 2.4, 2.4, 2.4.2, 2.4.2 GATT 1994: Art. I, II, VI:1, VI:2(a)
Request for Consultations received:	1 February 2010

The summary below was up-to-date at 21 September 2010

Consultations

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 warm water 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.

Download Request for Consultations here: