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Viet Nam Loses Appeal over Anti-dumping Inconsistencies

10 April 2015

GLOBAL - Viet Nam has lost its appeal to the Disputes Settlement Body of the World Trade Organization over measures taken by the US to prevent dumping of shrimp products onto the market.

On 16 February 2012, Viet Nam requested consultations with the United States concerning a number of anti-dumping measures on certain frozen warmwater shrimp from Viet Nam.

In addition to two administrative reviews and the five year “sunset review”, the request for consultations concerned several US laws, regulations, administrative proceedings and practices, including zeroing.

Viet Nam said that these measures were inconsistent with the United States' official obligations.

On 17 November last year, the report of the panel found that certain of the measures challenged by Viet Nam were inconsistent with the GATT 1994 and the Anti-Dumping Agreement, and recommended that the US bring the relevant measures into conformity with its obligations under these Agreements.

However, earlier this year, Viet Nam notified the Disputes Settlement Body that it was to appeal to the Appellate Body over certain issues of law and legal interpretation in the panel report.

Viet Nam claimed that the panel acted inconsistently in its report and findings.

The Appellate Body upheld the panel's finding that Viet Nam had not established that one section of the ruling was inconsistent with a number of articles in the Anti-Dumping agreement and it rejected Viet Nam’s claims.

Further Reading

You can view the full findings by clicking here.

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