DISPUTE SETTLEMENT: DISPUTE DS422

United States — Anti-Dumping Measures on Shrimp and Diamond Sawblades from China


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

  

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Consultations

Complaint by China.

On 28 February 2011, China requested consultations with the United States regarding the latter's anti-dumping measures on certain frozen warmwater shrimp from China.  China alleges that the US Department of Commerce's (“USDOC”) use of zeroing in the original investigation and several administrative reviews to calculate dumping margins for the subject imports is inconsistent with the United States' obligations under Article VI:1 and VI:2 of the GATT 1994 and Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.2, 9.3, and 9.4 of the Anti-Dumping Agreement.  China further asserts that the USDOC's reliance, in the sunset review, on the dumping margins calculated in the original investigation and administrative reviews is inconsistent with the United States' obligations under Article 11.3 of the Anti-Dumping Agreement.

On 11 March 2011, Japan requested to join the consultations.

On 22 July 2011, China requested complementary consultations with the United States with regard to the zeroing practice by the USDOC in its anti-dumping measures on diamond sawblades and parts thereof from China.  China alleges that the USDOC's zeroing practice has artificially created or, at a minimum, inflated dumping margins for the individually investigated respondents.  China considers that the zeroing practices in the cited measures are inconsistent with the United States' obligations under Article VI:1 and VI:2 of the GATT 1994 and Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.2, 9.3, and 9.4 of the Anti-Dumping Agreement.

On 13 October 2011, China requested the establishment of panel.  On 13 October 2011, China and the United States informed the DSB of an Agreement on Procedures.

 

Panel and Appellate Body proceedings

At its meeting on 25 October 2011, the DSB established a panel.  The European Union, Honduras, Japan, Korea, Thailand and Viet Nam reserved their third party rights. Following the agreement of the parties, the panel was composed on 21 December 2011.

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