United States – Anti‑Dumping Measures on
Certain Shrimp from Viet Nam

Request for the Establishment of a Panel by Viet Nam

        The following communication, dated 20 December 2012, from the delegation of Viet Nam to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

_______________

Upon instruction from my authorities, I wish to convey the request of the Government of Viet Nam ("Viet Nam") to the Dispute Settlement Body (the "DSB") for the establishment of a panel pursuant to Article XXIII: I of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"), Articles 4 and 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU"), and Article 17.4 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti‑Dumping Agreement") with respect to certain anti‑dumping measures imposed by the United States on imports of certain shrimp from Viet Nam.

At the outset, Viet Nam observes that this is the second dispute settlement proceeding concerning imports of certain shrimp from Viet Nam. Many of the issues raised in the present request for the establishment of a panel were addressed by the panel in US – Anti‑Dumping Measures on Certain Shrimp from Viet Nam (DS404). The DSB adopted that panel report on 2 September 2011. Despite the United States' statement that it would implement the DSB's recommendations and ruling in a reasonable period of time set to expire on 2 July 2012, the recommendations and rulings have yet to be implemented as of the date of this request. Notwithstanding this failure to implement, Viet Nam respectfully requests that the Panel in this dispute consider the effect of the implemented recommendations and rulings, as it impacts the issues in this dispute, including challenges concerning the United States Department of Commerce's final sunset review determinations.

1.                  Consultations

Pursuant to Article 4 of the Understanding on the Rules and Procedures Governing the Settlements of Disputes (DSU) and Article XXII: 1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Viet Nam requested consultations with the United States (US) regarding certain anti-dumping measures imposed by the United States on imports of certain shrimp from Viet Nam. Viet Nam requested consultations with the United States on 20 February 2012, and the request was circulated on 27 February 2012 as document WT/DS429/1, G/L/980, G/ADP/D91/1.

Viet Nam and the United States held consultations on March 28, 2012 in Geneva. Those consultations were held with the hope of reaching a mutually satisfactory solution. The parties at consultations gained a better understanding of the issues under consideration, but did not reach a resolution of the matter. Therefore, Viet Nam hereby requests that a panel be established pursuant to Article 6 of the DSU and Article XXIII of the GATT 1994.