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WTO Adopts Dispute Panel Report on US/Viet Nam Shrimp

US-VIET NAM - WTO members meeting as the Dispute Settlement Body has adopted the dispute panel report examining anti-dumping measures imposed by the US on certain frozen warm water shrimp from Viet Nam and the use of zeroing, a technique for calculating the extent of dumping.

The DSB adopted the Panel report (WT/DS404/R), which examined anti-dumping measures imposed by the US on certain frozen warm water shrimp from Viet Nam and the use of zeroing.

The Panel report was published on 5 July 2011 and according to Article 16.4 of the Dispute Settlement Understanding (DSU), this report shall be considered by the DSB for adoption within 60 days after the date of publication, unless a party informs the DSB of its decision to appeal.

Viet Nam appreciated the cooperation of the US in this dispute and expected prompt and full implementation of the DSB ruling by the US. Viet Nam said that it would continue to cooperate with the US and discuss any issue in the implementation process.

With respect to zeroing, the US noted that the Panel simply adopted the reasoning of the Appellate Body in some prior disputes. The US believed that those reports, as well as the current Panel report, went beyond what the text of the agreements provided and what negotiators agreed to in the Uruguay Round. The US recalled that the Department of Commerce had announced a proposal to change the calculation of weighted average dumping margins and assessment rates in certain anti-dumping proceedings.

The EU stated that the WTO inconsistency of zeroing had now been definitively decided and that the US should take immediate steps to abandon this practice and to bring itself into conformity with its obligations.

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