United States - Anti-Dumping Measure on Shrimp from Ecuador

Report of the Panel

On 17 November 2005, Ecuador requested consultations with the United States concerning the final affirmative determination of sales at less than fair value with respect to certain frozen warmwater shrimp from Ecuador published by the United States Department of Commerce (DOC) on 23 December 2004, the amended final determination of sales at less than fair value on 1 February 2005 and the accompanying anti-dumping duty order. According to Ecuador, it has concerns particularly about the DOC’s practice of “zeroing” negative anti-dumping margins, based on which the DOC issued the foregoing determinations and order. Ecuador considers that the foregoing determinations and order are inconsistent with Article VI of the GATT 1994 and Articles 1, 2.1, 2.2, 2.4, 2.4.2, 5.8, 6.10, 9.2, 9.3, 9.4, and 18.1 of the Anti-Dumping Agreement.

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