The United States and Vietnam have resolved a seven-year dispute over U.S. duties on Vietnam’s frozen fish fillets, according to a document circulated Tuesday by the World Trade Organization (WTO).
Roots of the Dispute
The case, initiated by Vietnam in early 2018, centered on antidumping duties imposed by the U.S. on Vietnamese fish fillets, with concerns dating back to 2007. Vietnam argued that the U.S. had violated WTO rules through its use of controversial calculation methods, including “zeroing,” which often inflates dumping margins. This practice has been repeatedly criticized in previous WTO rulings.
A WTO panel convened in November 2018 to examine the dispute, but the process faced delays due to the case’s complexity. Despite the extended timeline, both nations worked toward a bilateral resolution, culminating in this month’s agreement.
“The United States and Viet Nam are pleased to notify the [Dispute Settlement Body] … that the parties have reached a mutually agreed solution to the matter raised in this dispute,” the countries said in a joint notice. Specific details of the settlement were not disclosed.
The Impact of “Zeroing”
At the heart of the disagreement was the U.S. practice of zeroing, which assigns a value of zero when a foreign producer’s export price exceeds its normal value. Critics argue this artificially inflates dumping margins, leading to higher duties. WTO panels have repeatedly ruled against the methodology.
WTO’s Structural Gridlock
The settlement comes against the backdrop of institutional challenges at the WTO, particularly after the Trump administration began blocking new appointments to the organization’s Appellate Body in 2018. This impasse left the WTO without its highest dispute resolution authority by the end of 2019.
