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

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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