WORLD TRADE  
ORGANIZATION  WT/DS404/1 
G/L/915 
G/ADP/D81/1 
4 February 2010 
 
 (10-0594) 
 Original:   English 
 
 
 
UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP  
FROM VIET NAM 
 
Request for Consultations by Viet Nam  
 
 
 The following communication, dated 1 February 2010, from the delegation of Viet Nam to the delegation of the United States and to the Chairm an of the Dispute Settlement Body, is circulated 
in accordance with Article 4.4 of the DSU. 
 
_______________ 
 
  Upon instructions from my authorities, I hereby request consultations with the Government of 
the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 
("GATT 1994"), and Articles 17.2 and 17.3 of the Agreement on Implementation of Article VI of 
GATT 1994 ("Anti-Dumping Agreement"), with re gard to the matters listed hereunder: 
 (1) The following determinations of the Unite d States Department of Commerce (USDOC) 
concerning Certain Frozen and Canned Warmwater Shrimp from Vietnam, Case No. A-552-80l: 
(a) Certain Frozen Warmwater Shrimp From th e Socialist Republic of Vietnam: Final 
Results of the First Antidumping Duty Administrative, 72 FR 52052 (12 September 2007) as well as any assessment instructions and cash deposit requirements issued pursuant to this de termination, the "Decision Memorandum" in 
this review which discusses issues raised in this review and confirms that "zeroing" 
was applied by the USDOC in this review and specifically rejects the relevance of 
WTO Appellate Body precedents for administrative reviews conducted by the USDOC, and any records demonstrating the calculation of the margins of dumping applied zeromg; 
(b) Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final 
Results and Final Partial Rescission of Antidumping Duty Administrative Review , 
73 FR 52273 (9 September 2008) as well as any assessment instructions and cash 
deposit requirements issued pursuant to this determination, the "Decision 
Memorandum" in this review and any reco rds demonstrating the calculation of the 
margins of dumping applied zeroing; 
(c) Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final 
Results of the Second New Shipper Review, 74 FR 24796 (26 May 2009) as well as 
any assessment instructions and cash depos it requirements issued pursuant to this 
determination, the "Decis ion Memorandum" in this review and any records 
demonstrating the calculation of the margins of dumping applied zeroing; WT/DS404/1 
G/L/915 G/ADP/D81/1 
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  (d) Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final 
Results and Final Partial Rescission of Antidumping Duty Administrative Review, 
74 FR 47191 (15 September 2009) as well as  any assessment instructions and cash 
deposit requirements issued pursuant to this determination, the "Decision 
Memorandum" in this review and any reco rds demonstrating the calculation of the 
margins of dumping applied zeroing; 
(e) Preliminary and Final Results of any administrative reviews or other reviews of 
Certain Frozen Warmwater Shrimp From  the Socialist Republic of Vietnam published 
in the Federal Register after the date of  this request for consultations, including 
reviews under Section 751(c) of the Tariff Act of 1930, as well as any assessment instructions and cash deposit requirements issu ed pursuant to this determination, the 
"Decision Memorandum" in this review and any records demonstrating the calculation of the margins of dumping applied zeroing; and 
(f) Any changes in the final results of any administrative review of Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam issued pursuant to a 
remand from the US Court of International Tr ade, as well as any opinion of the Court 
related to the remand results, any asse ssment instructions and cash deposit 
requirements issued pursuant to this remand determination, the "Decision Memorandum" in this remand determination,  any arguments subsequently presented 
to the Court regarding the remand determ ination and any records related to the 
remand determination demonstrating the calculation of the margins of dumping 
applied zeroing. 
(2) Any actions taken by United States Custom s and Border Protection (USCBP) to collect 
definitive anti-dumping duties at duty assessment rate s established in periodic reviews covered by the 
preceding paragraph, including through the issuance of USCBP liquidations instructions and notices. 
(3) The following US laws, regulations, administ rative procedures, practices and methodologies: 
• the Tariff Act of 1930, as amended, (the "A ct"), in particular sections 736, 751, 
771(35)(A) and (B), and 777A(c) and (d); 
 
• the US Statement of Administrative Action that accompanied the Uruguay Round 
Agreements Act, H.R. Doc. No.1 03-316, vol. I; 
 
• the implementing regulations of USDOC, codified at Title 19 of the United States 
Code of Federal Regulations, 19 CFR Secti on 351, in particular sections 351.2l2(b), 
351.414(c), and (e); 
 
• the Import Administration Antidumping Manual (1997 edition), including the 
computer program(s) to which it refers; 
 
• the general procedures and methodology empl oyed by the United States to determine 
dumping margins in administrative revi ews, whereby USDOC, in comparing 
weighted average normal value with transaction price of individual export transactions, treats as zero negative intermediate  comparison results (i.e. situations in 
which the individual export price is greate r than the weighted average normal value).  WT/DS404/1 
 G/L/915 
 G/ADP/D81/1 
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  Such methodology is commonly referred to  as "simple zeroing" and/or the US 
"zeroing procedures". 
 
2. Vietnam believes that the laws, regulations, administrative procedures, practices and 
methodologies described above are as such, and as applied in the determinations listed above, 
inconsistent with the obligations of the United St ates under the Marrakesh Agreement Establishing the 
World Trade Organization (the "WTO Agreement" ) and the Agreements annexed thereto. The 
provisions with which these measures appear to be inconsistent include, but are not limited to, the 
following: 
• Articles I, II, VI: 1 and VI:2 of the GATT 1994; 
 
• Articles 1,2.1,2.4,2.4.2,6.8,6.10,9.1,9.3,9. 4,11.2, 11.3, 18.1 and 18.4 and Annex II of 
the Anti-Dumping Agreement; 
 
• Article XVI:4 of the WTO Agreement. 
 
• And Vietnam's Protocol of Accession to the WTO. 
 3. Vietnam believes that the United States has act ed inconsistent with its WTO obligations 
specified in paragraph 2 above by applying so-called "zeroing" in the determination of the margins of 
dumping in the reviews cited in paragraph 1 above, by  repeatedly and consistently, failing to provide 
most Vietnamese respondents seeking a review an opportunity to demonstrate the absence of dumping 
by being permitted to participate in a review, a nd by requiring companies to demonstrate their 
independence from government control and applying an adverse facts available rate to companies 
failing to do so in all reviews. Vietnam further belie ves that the US has an established practice with 
respect to each of these issues and will, therefor e, continue to act inconsistent with its WTO 
obligations relating to these issues in ongoing and future reviews, including the five year review 
provided under Article 18.1 of the Antidumping Agreement. 
4. Vietnam reserves the right to raise additional claims and legal matters during the course of the 
consultations. It looks forward to receiving the Un ited States Government's response and to setting a 
mutually convenient date for consultations. 
 I look forward to receiving your reply to this  request and, in accordance with Article 4.3 of 
the DSU, to selecting a mutually acceptable da te for holding consultati ons. Vietnam welcomes 
suggestions that the United States may have con cern the date and venue for the consultations. 
  
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