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DISPUTE SETTLEMENT: DISPUTE DS345

United States — Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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Summary of the dispute to date  back to top

Summary up-to-date at

Panels established by DSB/reports not yet circulated

Complaint by India.

On 6 June 2006, India requested consultations with the United States on the Amended Bond Directive and the enhanced bond requirement imposed by the United States on imports of frozen warmwater shrimp from India.  India considers that the Amended Bond Directive as such and the enhanced bond requirement are inconsistent with:

• Articles 1, 7.1, 7.2, 7.4, 7.5, 9.2, 9.3, 9.3.1, 18.1 and 18.5 of the Anti-Dumping Agreement;
    
• Articles I, II, III, VI:2, VI:3 (including Note 1 Ad paragraphs 2 and 3 of Article VI), X, XI and XIII of the GATT 1994;  and
    
• Articles 10, 17.4, 17.5, 19.3, 19.4, 32.1 and 32.5 of the SCM Agreement.

On 21 June 2006, Brazil, China and Thailand requested to join the consultations. The United States informed the DSB that they had accepted the requests of Brazil, China and Thailand to join the consultations.

On 13 October 2006, India requested the establishment of a panel. At its meeting on 26 October 2006, the DSB deferred the establishment of a panel. At its meeting on 21 November 2006, the DSB established a panel. Brazil, China, the European Communities, Japan and Thailand reserved their third party rights. On 19 January 2007, India requested the Director-General to compose the Panel. On 26 January 2007, the Director-General composed the Panel.

On 27 July 2007, the Chairman of the Panel informed the DSB that it would not be possible for the Panel to complete its work within six months of the date of composition, inter alia, due to the nature and scope of the dispute.

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