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Anti-dumping Measures on Certain Shrimp from Viet Nam

Key Facts
Short Title: US — Vietnam Shrimp AD
Respondent: United States
Complaintant(s): Vietnam;
Dispute Number: DS404
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds404_e.htm
Dispute Status: Pending

On February 1, 2010, the United States received from Vietnam a request for consultations pertaining to antidumping duties imposed by the United States pursuant to the final results issued by the U.S. Department of Commerce (DOC) in several administrative reviews of the antidumping duty order on imports of certain frozen and canned warmwater shrimp from Vietnam.  Vietnam claimed that certain actions by DOC and U.S. Customs and Border Protection with respect to several administrative reviews and with respect to any ongoing or future administrative review or sunset review concerning this antidumping duty order, as well as various U.S. laws, regulations, administrative procedures, practices, and policies, both as such and as applied, are inconsistent with U.S. commitments and obligations under Articles I, II, VI:1 and VI:2 of the GATT 1994, Articles 1, 2.1, 2.4, 2.4.2, 6.8, 6.10, 9.1, 9.3, 9.4, 11.2, 11.3, 18.1 and 18.4 and Annex II of the Agreement on Implementation of Article VI of the GATT 1994 (the Antidumping Agreement), Article XVI:4 of the Marrakesh Agreement Establishing the World Trade Organization, and Vietnam’s Protocol of Accession.  Specifically, Vietnam complained that DOC used “zeroing” in the administrative reviews of the antidumping duty order on imports of shrimp, DOC failed to provide most Vietnamese respondents seeking a review an opportunity to demonstrate the absence of dumping by being permitted to participate in a review, and DOC required companies to demonstrate their independence from government control and applied an adverse facts available rate to companies that failed to do so in all reviews.

The United States and Vietnam held consultations on March 23, 2010.

Panel Proceedings
Brief DateBrief Description
01/21/2011U.S. Comments on Vietnam’s Answers to the Second Set of Questions from the Panel
01/14/2011U.S. Answers to the Second Set of Questions from the Panel
12/21/2010Executive Summary of the U.S. Oral Statement at the Second Panel Meeting
12/14/2010Oral Statement of the United States at the Second Panel Meeting
11/23/2010Executive Summary of the Second Written Submission of the United States
11/16/2010Second Written Submission of the United States
11/03/2010U.S. Answers to the First Set of Questions from the Panel
10/26/2010Executive Summary of the U.S. Opening Statement at the First Panel Meeting
10/20/2010U.S. Opening Statement at the First Panel Meeting
09/20/2010Executive Summary of the First Written Submission of the United States
09/13/2010First Written Submission of the United States
08/27/2010Summary of Vietnam’s First Written Submission