WTO Decision Raises New Questions for Trade Remedy Respondents

On April 7 2015 the World Trade Organisation (WTO) Appellate Body upheld the underlying WTO panel report in an appeal by Vietnam in a dispute concerning Section 129(c)(1) of the Uruguay Round Agreements Act.(1) The appellate body’s decision suggests that mechanisms other than Section 129 of the Uruguay Round Agreements Act are available for respondents seeking implementation by the United States of WTO determinations arising from trade remedy (ie, anti-dumping, countervailing duty and safeguard) proceedings with respect to unliquidated entries of subject merchandise that entered the United States before the date specified by Section 129(c)(1). Companies in such situations should seek advice regarding methods to ensure that their affected entries of subject merchandise are not improperly liquidated by the US government.