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Anti-Dumping Measures on Fish Fillets from Viet Nam


Status: Pending

Subject: Anti-dumping Measures, GATT 1994,

Respondent: United States

Complainant(s): Vietnam,

Dispute Number: DS536

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds536_e.htm



On January 8, 2018, Viet Nam requested consultations with the United States concerning anti-dumping measures on fish fillets from Viet Nam and certain U.S. legal instruments.

In its request for consultations, Viet Nam claimed that certain so-called measures appear to be inconsistent with:

• Articles 1, 2.1, 2.4, 2.4.2, 6, 9, 11, and 17.6(i), and Annex II, of the Anti-Dumping Agreement;

• Articles I:1, VI:1, VI:2, and X:3(a) of the GATT 1994;

• Articles 3.7, 19.1, 21.1, 21.3, and 21.5 of the DSU;

• Article XVI:4 of the WTO Agreement; and

• Viet Nam’s Accession Protocol.

On June 8, 2018, Viet Nam requested the establishment of a panel. In its request for the establishment of a panel, Viet Nam claimed that certain so-called measures appear to be inconsistent with:

• Articles 1, 2, 2.1, 2.4, 2.4.2, 6.8, 6.10, 9, 9.1, 9.2, 9.3, 9.4, 11, 11.1, 11.2, 11.3, 11.4, 18, 18.1, 18.3, 18.4, and Annex II, of the Anti-Dumping Agreement;

• Articles I:1, VI:1, and VI:2 of the GATT 1994; • Article XVI:4 of the WTO Agreement; and

• Part I:2 of Viet Nam’s Accession Protocol.

At its meeting on June 22, 2018, the DSB deferred the establishment of a panel. At its meeting on July 20, 2018, the DSB established a panel. Canada, China, Egypt, the European Union, India, Japan, Malaysia, Russia, Singapore, and Thailand reserved their third-party rights.

On November 22, 2018, Viet Nam requested the Director-General to compose the panel. On November 30, 2018, the Director-General composed the panel.
 

Panel Proceedings
Brief Date Brief Description
06/26/2019 U.S. Second Written Submission
05/29/2019 U.S. Answers to Panel Questions (First Set) 
05/9/2019 U.S. Closing Statement at the First Panel Meeting
05/8/2019  U.S. Opening Statement at the First Panel Meeting
03/07/2019 U.S. First Written Submission