DISPUTE SETTLEMENT

DS: United States — Anti-Dumping Measures on Fish Fillets from Viet nam

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

The summary below was up-to-date at

Consultations

Complaint by Viet Nam

On 8 January 2018, Viet Nam requested consultations with the United States concerning certain anti-dumping measures on fish fillets from Viet Nam and other United States' legal instruments.

Viet Nam claimed that the measures appear to be inconsistent with:

  • Articles 1, 2.1, 2.4, 2.4.2, 6, 9, 11, 17.6(i) and Annex II of the Anti-Dumping Agreement;
     
  • Articles I:1, VI:1, VI:2 and X:3(a) of the GATT 1994;
     
  • Articles 3.7, 19.1, 21.1, 21.3 and 21.5 of the DSU;
     
  • Article XVI:4 of the WTO Agreement; and
     
  • Viet Nam's Protocol of Accession. 

 

Panel and Appellate Body proceedings

On 8 June 2018, Viet Nam requested the establishment of a panel. At its meeting on 22 June 2018, the DSB deferred the establishment of a panel.

At its meeting on 20 July 2018, the DSB established a panel. Canada, China, the European Union, Egypt, India, Japan, Malaysia, the Russian Federation, Singapore and Thailand reserved their third-party rights.

On 22 November 2018, Viet Nam requested the Director-General to compose the panel. On 30 November 2018, the Director-General composed the panel.

On 10 May 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties by early December 2019. The Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation. On 3 February 2020, the Chair of the panel informed the DSB that due to the substantive and procedural complexities of this dispute, the panel expected to conclude its work in February 2020. The Chair of the panel indicated that the panel expected that the estimated circulation date would be within the first quarter of 2020. On 4 June 2020, the Chair of the panel informed the DSB that the panel had issued the final report to the parties on 7 February 2020, in accordance with the timetable adopted after consultation with the parties. The Chair further apprised the DSB that the public circulation of the report was originally scheduled for 17 March 2020 but that, due to the COVID pandemic, the report had not yet been circulated.

The Chair of the panel informed the DSB of several joint requests from the parties to postpone the issuance of its final report. In its most recent communication, dated 17 August 2022, the Chair of the panel informed the DSB that the panel had accepted an additional joint request from the parties to postpone the issuance of its  final report until 18 November 2022.

 

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