Identifier
Created
Classification
Origin
08BANGKOK2999
2008-10-02 10:53:00
CONFIDENTIAL
Embassy Bangkok
Cable title:  

THAI GOVT CONCERNED ABOUT SHRIMP CONTINUOUS BONDS

Tags:  ECON ETRD EFIS TH 
pdf how-to read a cable
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PP RUEHCHI
DE RUEHBK #2999/01 2761053
ZNY CCCCC ZZH
P 021053Z OCT 08
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC PRIORITY 4557
INFO RUEHNE/AMEMBASSY NEW DELHI PRIORITY 5281
RUEHCHI/AMCONSUL CHIANG MAI PRIORITY 5678
RHFJUSC/CUSTOMS WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 2054
RHMFISS/DEPT OF HOMELAND SECURITY IA WASHINGTON DC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 002999 

SIPDIS

STATE FOR EAP/EP, EAP/MLS, EEB/TPP/MTA,
COMMERCE FOR ITA (JKELLY)
PLEASE PASS TO USTR (BWEISEL/DBISBEE)

E.O. 12958: DECL: 10/01/2018
TAGS: ECON ETRD EFIS TH
SUBJECT: THAI GOVT CONCERNED ABOUT SHRIMP CONTINUOUS BONDS
IN 2009

REF: E-MAIL FULLERTON/BISBEE/KOCH 10/01/08

Classified By: Economic Counselor Robert Griffiths for reasons 1.4 (b)
and (d)

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 002999

SIPDIS

STATE FOR EAP/EP, EAP/MLS, EEB/TPP/MTA,
COMMERCE FOR ITA (JKELLY)
PLEASE PASS TO USTR (BWEISEL/DBISBEE)

E.O. 12958: DECL: 10/01/2018
TAGS: ECON ETRD EFIS TH
SUBJECT: THAI GOVT CONCERNED ABOUT SHRIMP CONTINUOUS BONDS
IN 2009

REF: E-MAIL FULLERTON/BISBEE/KOCH 10/01/08

Classified By: Economic Counselor Robert Griffiths for reasons 1.4 (b)
and (d)


1. (C) Summary: Thailand is concerned over the USG's
implementation of the World Trade Organization (WTO) ruling
on anti-dumping duties and continuous bonds, Apiradi
Tantraporn, Director-General (DG) of the Department of
Foreign Trade at the Ministry of Commerce, told Econoff on
October 2. DG Apiradi stressed Thai concern that both Thai
and American importers of record of Thai shrimp will be
required to place new continuous bonds in February 2009, an
obligation deemed unreasonable by the WTO, if the USG does
not resolve the issue before then. While DG Apiradi agreed
that Geneva is the most appropriate forum for this
discussion, she complained that the USG has not responded on
the particulars of the future use of the continuous bonds in
a manner that gives any satisfaction to the Thai side. If
this cannot be resolved, Apiradi added, Thailand would have
no choice but to return to the WTO to seek arbitration on the
matter. End Summary.


2. (C) On October 2, Director-General Apiradi Tantraporn of
the Department of Foreign Trade conveyed concerns to Econoff
over, in her view, the USG's lack of response on the
implementation of the WTO ruling on anti-dumping duties and
continuous bonds on shrimp imported from Thailand and India
into the United States. DG Apiradi stressed that the Thai
Government is most concerned about the uninterrupted use of
100 percent continuous bonds on shrimp imports into the
United States; new continuous bond payments for next year's
shrimp imports will be due in February 2009. DG Apiradi
argued that since the WTO has determined these continuous
bonds to be "unreasonable," it is imperative that the USG
comply with the ruling before any new bonds may be required.
According to the DG Apiradi's staff, the importers of record,
including both Thai and American companies, have maintained
more than $70 million in accumulated continuous bonds on
shrimp imports since the initial requirement came into effect.


3. (C) Econoff stated that we believe that Geneva is the most
appropriate venue for this discussion. DG Apiradi responded
that the one-year time frame suggested by the USG in Geneva
is "unacceptable." She immediately cited the US-Ecuador
shrimp case with similar issues, which was reportedly
resolved within six months following the WTO decision. DG
Apiradi added that the Thai Government expects comparable
treatment and hopes the USG will be able to comply with a
six-month time frame. Without additional information from
the USG on the implementation of the WTO Appellate Body
ruling, Apiradi noted that Thailand may have no choice but to
return to the WTO to seek arbitration.


4. (SBU) Note: Post's understanding is that since 2004
importers of Thai shrimp have been required to maintain a
continuous bond to cover future anti-dumping duties.
Previously, these importers were required to maintain a
minimum bond equal to ten percent of the duties, taxes, and
fees paid in the previous year; however, the 2004 requirement
forced importers to cover 100 percent of the previous year's
anti-dumping duties in advance of the importation of the
shrimp. Thailand and India challenged the US at the WTO on
both the anti-dumping duties imposed on shrimp imports, as
well as the use of continuous bonds. The WTO's Appellate
Body found that this additional bond directive breached the
WTO's Antidumping Agreement because the 100 percent bonds did
not constitute "reasonable" security. End Note.


5. (C) Comment: The United States is the largest export
market for Thai shrimp, consuming nearly half of its shrimp
exports ($1.25 billion in 2007). Exports to the US have
continued to rise in recent years, even with the
implementation of the US anti-dumping duties. While the Thai
Government would prefer that anti-dumping duties on its
shrimp not be imposed at all, the first priority for the
Ministry of Commerce is to resolve what they consider to be
the "unreasonable" use of continuous bonds on the shrimp
imports. While we have maintained that this issue should be
dealt with in Geneva, the Thai seemed determined to use all
available channels to make their position known. End Comment.


BANGKOK 00002999 002 OF 002


JOHN