Report of the Appellate Body

Summary

INTRODUCTION

1. Thailand, India, and the United States each appeals certain issues of law and legal interpretations developed in the Panel Reports, United States – Measures Relating to Shrimp from Thailand (“Panel Report, US – Shrimp (Thailand)”) and United States – Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties (“Panel Report, US – Customs Bond Directive”). Two Panels were established to consider complaints by Thailand and by India concerning the application of an enhanced continuous bond requirement (the “EBR”) by the United States on imports of frozen warmwater shrimp that were subject to anti-dumping duties (“subject shrimp”). As the claims brought by Thailand and by India in respect of the EBR were substantially similar, both Thailand and India requested that the same persons serve as panelists in their respective disputes, in accordance with Article 9.3 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“the DSU”). The composition of both Panels was therefore identical.

2. The claims brought by Thailand and by India pertained to the EBR imposed by the United States on imports of subject shrimp from Thailand and India. Another measure, challenged only by Thailand in US – Shrimp (Thailand), involved the use of “zeroing” by the United States' investigating authorities when calculating dumping margins on the basis of weighted-average comparisons of export prices and normal value in the original anti-dumping duty investigation on imports of shrimp from Thailand.