United States – Anti-Dumping Measures on
Certain Shrimp from Viet Nam
Communication from Viet Nam and the United States
concerning Article 21.3(c) of the DSU
The following communication, dated 10 June 2015,
from the delegation of Viet Nam and the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated at the request of
these delegations.
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At its meeting on 22 April 2015, the
Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in the dispute United States
— Anti-Dumping Measures on Certain Shrimp from Viet Nam (DS429). At the meeting of
the DSB held on 20 May 2015, the United States announced its
intention to implement the DSB's recommendations and rulings in this dispute
and stated that it would need a reasonable period of time in which to do so.
Article
21.3(c) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU") provides
that, in the absence of an agreement between the parties on a period of time,
the reasonable period of time shall be determined "through binding
arbitration within 90 days after the date of adoption of the
recommendations and rulings."
In
order to allow sufficient time for the parties to discuss a mutually agreed
period, the United States and Viet Nam (i) agree that, in the event an
arbitration under Article 21.3(c) of the DSU is requested, it shall be
completed no later than 60 days after the date of the appointment of an
arbitrator, unless the arbitrator, following consultation with the parties,
considers that additional time is required; and (ii) hereby confirm that any
award of the arbitrator (including an award not made within 90 days after the
date of adoption of the DSB recommendations and rulings) shall be deemed to be
an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in
determining the reasonable period of time for the United States to implement
the recommendations and rulings of the DSB.
We
respectfully request that you circulate this notification to the Members of the
DSB.
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