USTR Seeks Comments on Vietnam WTO AD Zeroing Complaint
The U.S. Trade Representative is seeking public comments on Vietnam’s request for consultations with the U.S. about certain antidumping administrative reviews and a sunset review conducted by the International Trade Administration on imports of frozen warmwater shrimp from Vietnam (A-552-802), referring in particular to “zeroing” (DS 429). Vietnam’s request also indicated that it would like to consult regarding various U.S. laws, regulations, administrative procedures, practices, and methodologies. Comments are due by April 13, 2012.
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Vietnam Alleges Use of Zeroing Inconsistent With WTO Obligations
On February 21, 2012, Vietnam requested consultations regarding the use of zeroing in several administrative reviews and a sunset review of the AD order on frozen warmwater shrimp from Vietnam. Specifically, Vietnam challenges: (1) the imposition of AD duties and AD cash deposit requirements pursuant to the 2008-09 and 2009-10 administrative reviews of the AD order at issue, as well as the ITA’s determination not to revoke the order in those reviews; (2) any other ongoing or future administrative reviews of the AD order at issue, as well as any cash deposit requirements and revocation determinations issued pursuant to such reviews; (3) the ITA’s determination that revocation of the AD order would be likely to lead to the continuation or recurrence of dumping in the 2010 sunset review of the AD order at issue; and (4) section 129 of the Uruguay Round Agreements Act (URAA).
Consultations to Also Include Discussions of U.S. AD Laws, Regs, and Practices
Additionally, with regard to these measures, Vietnam has indicated it would like to consult regarding various U.S. laws, regulations, administrative procedures, practices, and methodologies, including, among other things: the ITA’s methodology for determining AD margins in administrative reviews; the practice of requiring a separate rate application of certification in proceedings concerning Vietnamese producers in order to qualify for the all-others, or separate rate; the practice of limiting the number of respondents selected for individual examination to only a small fraction of the total number of companies seeking individual review; the practice of implementing adverse WTO rulings such that any revocation has prospective effect only; etc.
If Consultations Fail, Panel Will Issue Findings
The USTR states that if these consultations should fail to resolve the matter and a dispute settlement panel is established, such panel would be expected to issue a report on its findings and recommendations within nine months after it is established.