Anti-dumping Measures on Certain Shrimp from Viet Nam
|Short Title:||US — Vietnam Shrimp AD|
|Link to Dispute Site:||http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds404_e.htm|
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.