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WTO issues report on VN’s claims against US anti-dumping measures
12/07/2011 12:05:00

VGP - The World Trade Organisation (WTO) on July 11 issued the report of the panel that examined Việt Nam’s claim against “US-anti-dumping measures” on its frozen shrimp shipments.

The Panel upheld Việt Nam's claim that the United States' “zeroing methodology”, as it relates to the use of simple zeroing in administrative reviews, is inconsistent with the Anti-Dumping Agreement and the GATT 1994.

It was the key complaint filed by Việt Nam as this method had generated a large anti-dumping margin, resulting in higher tariff on frozen shrimps from Việt Nam. The anti-dumping tariffs levied by the US on most of Việt Nam’s shrimp exporters are between 4.13% and 25.76%.

The Panel also upheld Việt Nam's claim that the US Department of Commerce’s use of zeroing to calculate the dumping margins of selected respondents in the second and third administrative reviews was inconsistent with the Anti-Dumping Agreement and the GATT 1994.

The Panel upheld a claim by Việt Nam that the USDOC had acted inconsistently with the Anti-Dumping Agreement when it failed to apply to the Việt Nam-wide entity the “all others” rate applied to respondents not selected for individual examination.

The Panel found that the USDOC's application of a facts-available rate to the Việt Nam-wide entity in the second administrative review, and a rate that was in substance a facts-available rate in the third administrative review, were inconsistent with the Anti-Dumping Agreement.

According to WTO rules, that the two parties have 60 days to appeal after the Panel releases the verdict.

The Việt Nam Association of Seafood Exporters and Producers (VACEP) and consultants said if Việt Nam wins the case, frozen shrimp exports will enjoy immunity from paying advances related to anti-dumping scheme and exporters will be fully exempt from anti-dumping tariffs due to results zero from the three consecutive reviews. 
By Hương Giang

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