UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM
Document: Request for Consultations by Viet Nam
Date: 4 February 2010
Document codes: WT/DS404/1; G/L/915; G/ADP/D81/1
Complainant: Vietnam
Respondent: U.S.
Third parties: China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.3, 1, 11.1, 11.3  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 18.1  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 18.3, 18.4, 6.8, 5.8, 9.4, 11  Anti-dumpingArt. I, II  GATT 1994Annex II, Art. 9  Anti-dumpingPart I, para. 1.2  Protocol of Accession

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 regard 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;

(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).

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 States 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 concern the date and venue for the consultations.