USTR Seeks Comments on WTO Dispute Over CBP Guidelines for Continuous Bonds for AD/CV Agriculture/Aquaculture Merchandise
The Office of the U.S. Trade Representative (USTR) has issued a notice announcing that on June 6, 2006, India requested World Trade Organization (WTO) consultations concerning certain issues relating to a 2004 amendment to Customs Directive 099 3510-004, which added new guidelines for determining continuous bond requirements for importers of agriculture or aquaculture merchandise subject to antidumping (AD) and countervailing (CV) duty cases, and subsequent clarifications and amendments thereof.
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(See ITT's Online Archives or 07/13/04 and 08/15/05 news, 04071305 and 05081505, for BP summary of CBP's amended Customs Directive 099 3510-004 and certain later modifications.)
The USTR states that it invites written comments from the public concerning the issues raised in this dispute, and notes that these comments should be submitted on or before August 18, 2006 to be assured of timely consideration by USTR.
India Alleges Bond Guidelines Result in Imposition of a Provisional Measure, Charges in Excess of AD Margin, Etc.
With respect to the AD case on certain frozen and canned warmwater shrimp from India, the directive's requirement that importers maintain a continuous entry bond in the amount of the AD duty margin multiplied by the value of imports of frozen warmwater shrimp imported by the importer in the preceding year, is not in accordance with the General Agreement on Tariffs and Trade (GATT), as well as the WTO AD and Subsidies Agreement, and among other things, results in the imposition of a provisional measure prior to the imposition of definitive AD duties, results in charges in excess of the AD or CV margin, etc. (See ITT's Online Archives or 07/13/04 and 08/15/05 news, 04071305 and 05081505, for BP summary of CBP's amended Customs Directive 099 3510-004 and the later modifications.)
If such consultations should fail to resolve the matter and a dispute settlement panel is established pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, USTR states that the panel would hold its meetings in Geneva, Switzerland and would be expected to issue a report on its findings and recommendations within six to nine months after it is established.
- written comments should be submitted on or before August 18, 2006 to be assured of timely consideration
USTR contact - Elissa Alben (202) 395-9622
USTR Notice (D/N WTO/DS345, FR Pub 08/07/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-12788.pdf