WTO concludes hearings on Vietnamese shrimp anti-dumping lawsuit


During the hearing, two sides continued to present documents protecting their arguments to the WTO panel. The evidences and legal arguments of Vietnam concentrated on US application of “zeroing” which US frequently use in many anti-dumping cases. This method creates a large margin of anti-dumping; hence the tariff would be higher, causing damages to Vietnamese shrimp exporters. 

Vietnam also stressed on rule of “Vietnam wide rate” that the United States apply during the administrative periodic reviews in Vietnamese shrimp anti-dumping case which is contrary to spirits and stipulations in the Antidumping Agreement and Vietnam’s Protocol of Accession to the WTO.

Ms. Tran Thi Thu Hang, the Counsellor/ Deputy Head of Vietnamese Delegation, United Nations, WTO and other International Organizations in Geneva, announced that the final report of WTO Panel would be issued in August 2011. In this January and February 2011, the Panel would gradually publish final reports and conclusions on the case according to dossiers submitted by both parties.

The US is an intensively experienced nation in dealing with lodging and lawsuits. In the spirit of Vietnamese delegation participating in the shrimp case in the WTO, Vietnam has been implementing prudently each step of antidumping lawsuit procedures, follow the principles and ensure the rights of WTO members.    

According to Vietnam Association of Seafood Exporters and Producers (VASEP) and consultant lawyers, if Vietnam win this case, this result would bring many great benefits for competitiveness of Vietnamese shrimp in the US market since Vietnamese exporters would not have to deposit provisional antidumping- duties as well as completely escape from the anti-dumping tax due to three consecutive reviews resulting of 0%.

Since joining WTO in January 2007 until now, this is the first case that Vietnam has initiated an unfair trade case between two WTO members, using WTO dispute settlement as a protection tool to ensure the legitimate interests and rights of enterprises.

In the first ten months in 2010, Vietnam exported 200,000 ton of shrimp with the value of 1.7 billion USD, this export category has earned $ 1.5 billion for Vietnam (according to VASEP).