DISPUTE SETTLEMENT

DS: United States — Provisional Anti-Dumping Measures on Shrimp from Thailand

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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Current status

 

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Key facts

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(as cited in request for consultations)
Request for Consultations received:

 

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Thailand.

On 9 December 2004, Thailand requested consultations with the United States concerning provisional anti-dumping measures imposed by the US on certain frozen and canned warmwater shrimp from Thailand.

According to the request for consultations from Thailand, the US preliminary determination at issue and the consequent imposition of provisional anti-dumping measures on imports of the foregoing products are inconsistent with the WTO obligations of the United States in respect of the following:

  • US application in the preliminary determination of the practice known as “zeroing” negative dumping margins;
     
  • US resort in the preliminary determination to the use of so-called “adverse facts available” to determine normal values for one Thai exporter; and
     
  • US failure to make due allowances in the preliminary determination for differences that affected price comparability between export prices and normal values for the Thai exporters, including differences relating to levels of trade and duty drawback payments. 

Thailand considers that these US measures are inconsistent with, inter alia, Articles 1, 2.4, 2.4.2, 6.8. 6.13, 7.1, paragraphs 3, 5, 6, and 7 of Annex II of the Anti-Dumping Agreement, and Article VI of GATT 1994.

On 20 December 2004, Japan and Brazil requested to join the consultations. On 22 December 2004, the European Communities requested to join the consultations. On December 23 2004, China, India and Ecuador requested to join the consultations.

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