United States — Anti-Dumping Measures on Fish Fillets from Vietnam

 

Short title:	US — Fish Fillets (Viet Nam)
Complainant:	Viet Nam
Respondent:	United States
Third Parties (original proceedings):	Canada; China; European Union; Egypt; India; Japan; Malaysia; Russian Federation; Singapore; Thailand
Agreements cited: (as cited in request for consultations)	Art. I:1, VI:1, VI:2(a), X:3(a)  GATT 1994 Art. 1, 2.1, 2.4, 2.4.2, 6, 9, 11, 17.6(i), Annex II  Anti-dumping Art. XVI:4  Agreement Establishing the World Trade Organization Protocol of Accession
Agreements cited: (as cited in panel request)	Art. 2, 2.1, 2.4, 2.4.2, 9, 9.1, 9.3, 9.4, 1  Anti-dumping Art. VI:1, VI:2  GATT 1994 Art. 11, 11.1, 11.2, 11.3, 11.4  Anti-dumping Part I, para. 2  Protocol of Accession Art. 18.4  Anti-dumping Art. XVI:4  Agreement Establishing the World Trade Organization Art. VI  GATT 1994 Art. 6.8, Annex II, 6.10, 9.2, 18.1, 18.3, 18.4  Anti-dumping
Consultations requested:	8 January 2018
Panel requested:	8 June 2018
Panel established:	20 July 2018
Panel composed:	30 November 2018

 

Summary of the dispute to date

 

The summary below was up-to-date at 7 February 2023 

 

Consultations

 

Complaint by Viet Nam

 

On 8 January 2018, Viet Nam requested consultations with the United States concerning certain anti-dumping measures on fish fillets from Viet Nam and other United States' legal instruments.

 

Viet Nam claimed that the measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.4, 2.4.2, 6, 9, 11, 17.6(i) and Annex II of the Anti-Dumping Agreement;

 

- Articles I:1, VI:1, VI:2 and X:3(a) of the GATT 1994;

 

- Articles 3.7, 19.1, 21.1, 21.3 and 21.5 of the DSU;

 

- Article XVI:4 of the WTO Agreement; and

 

Viet Nam's Protocol of Accession. 

 

Panel and Appellate Body proceedings

 

On 8 June 2018, Viet Nam requested the establishment of a panel. At its meeting on 22 June 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 20 July 2018, the DSB established a panel. Canada, China, the European Union, Egypt, India, Japan, Malaysia, the Russian Federation, Singapore and Thailand reserved their third-party rights.

 

On 22 November 2018, Viet Nam requested the Director-General to compose the panel. On 30 November 2018, the Director-General composed the panel.

 

On 10 May 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties by early December 2019. The Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation. On 3 February 2020, the Chair of the panel informed the DSB that due to the substantive and procedural complexities of this dispute, the panel expected to conclude its work in February 2020. The Chair of the panel indicated that the panel expected that the estimated circulation date would be within the first quarter of 2020. On 4 June 2020, the Chair of the panel informed the DSB that the panel had issued the final report to the parties on 7 February 2020, in accordance with the timetable adopted after consultation with the parties. The Chair further apprised the DSB that the public circulation of the report was originally scheduled for 17 March 2020 but that, due to the COVID pandemic, the report had not yet been circulated.

 

The Chair of the panel informed the DSB of several joint requests from the parties to postpone the issuance of its final report. In its most recent communication, dated 16 November 2022, the Chair of the panel informed the DSB that the panel had accepted an additional joint request from the parties to postpone the issuance of its  final report until 16 February 2023.