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USTR Requests Comments on WTO Dispute Over Provisional AD Measures on Shrimp from Thailand

The Office of the U.S. Trade Representative (USTR) has issued a notice stating that Thailand has requested World Trade Organization (WTO) dispute settlement consultations with the U.S. concerning the imposition of provisional antidumping (AD) measures on shrimp from Thailand.

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Major issues raised by Thailand. According to the USTR, Thailand alleges that the International Trade Administration's (ITA's) use of "zeroing" (the U.S. refers to this practice as "offsets") failed to make a fair comparison between the export price and the normal value and calculated distorted margins of dumping. In addition, Thailand claims that the ITA's use of "adverse facts available" to determine normal values for one Thai exporter was WTO inconsistent.

Thailand also claimed that the ITA's failure to make due allowances for differences that affected price comparability between export prices and normal values for the Thai exporters, including differences relating to levels of trade and duty drawback payments, also was WTO inconsistent.

(The USTR notes that if the requested consultations should fail to resolve the matter and a dispute settlement panel (DSP) is established pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), such panel would be expected to issue a report on its findings and recommendations within six to nine months after it is established.)

(See ITT's Online Archives or 12/27/04 and 01/12/05 news, 04122745 and 05011235, for BP summaries of (1) the final affirmative AD duty determination on certain frozen and canned warmwater shrimp from Thailand, etc., and (2) the ITC's announcement that an AD order would be issued on frozen warmwater shrimp (with canned warmwater shrimp excluded) from Thailand, etc.)

-written comments may be submitted throughout these proceedings, but should be submitted on or before January 15, 2005 to be assured of timely consideration

USTR Contact - Jeff Weiss (202) 395-4498

USTR Notice (D/N WTO/DS324, FR Pub 12/30/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28627.pdf