Vietnam requests WTO panel on US shrimp duties

Vietnam has requested that the World Trade Organisation's Dispute Settlement Body (DSB) establish a panel on the US anti-dumping measures on certain shrimp from Vietnam.

 

Addressing the DSB meeting on April 20, Permanent Representative of Vietnam to the UN Office, WTO and other international organisations in Geneva, Ambassador Vu Dung said that this was the first time Vietnam has made the request for a panel since it joined the WTO and that it has taken this action only after careful deliberation and consultations with the US.

 

"The country has failed to implement the reports of the Appellate Body and has continued to apply zeroing in administrative reviews, including those applied to products of Vietnam."

 

Dung said that the US has taken two actions which, under its precedent, will also prevent the anti-dumping measures from being sunset.

 

"First, it has consistently declined to specifically review major exporters that have requested such reviews,” according to Dung.

 

The US has continued to assign margins of dumping to companies not investigated despite their request to be investigated, said Dung, adding that by refusing to allow companies that are not dumping to demonstrate this through being investigated, the country has violated the exceptions provided for in Article 6.10 and Article 9.4.

 

"Second, the US has also found margins of dumping in determining a ‘Vietnam wide rate' for companies that have not responded to questionnaires. It is not certain that these companies actually exist, produce or export shrimp, or should even be subject to the anti-dumping measures,” Dung said.

 

"The parties at consultations gained a better understanding of the issues under consideration, but did not reach a resolution of the matters. Consequently, Vietnam has no choice but to pursue these issues to a panel," he added.