The Ministry of Industry and Trade to Review the New Exporter in case Anti-dumping AD07

The Ministry of Industry and Trade to Review the New Exporter in case Anti-dumping AD07

July 15, 2022, the Ministry of Industry and Trade issued Decision No. 1403/QD -BCT on the results of the first review of applying anti-dumping measures on several plastic products and plastic products made from polymers which is the production of propylene originating from Malaysia, Thailand, and the People’s Republic of China (case code: Anti-dumping AD07).

On August 19, 2022, the Trade Remedies Authority of Vietnam received a dossier requesting for reviewing of the anti-dumping taxes applied to new export enterprises from SRF Industries (Thailand) Limited (SRF Thailand) Company in the AD07 case.

Based on the request, the Department of Trade and Industry conducted an assessment and sent out written requests to supplement and clarify some information and content on the basis for reviewing the new exporter enterprises.

On October 17, 2022, the Trade Remedies Authority of Vietnam issued an Official dispatch No 820/PVTM-P1 confirming the complete and valid dossier.

Under the provisions of Clause 3, Article 82 of the Law on Foreign Trade Management, dated November 14, 2022, the Ministry of Industry and Trade issued Decision No. 2400/QD-BCT on conducting a review of new exporters in applying anti-dumping measures on certain plastic products and plastic products made from propylene which is the production of polymers originating from Malaysia, Thailand and the People’s Republic of China (NR01.AD07).

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

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Public Consultation on the Investigation of the Application of Anti-dumping Measures on a Table and Chair Products

Public Consultation on the Investigation of the Application of Anti-dumping Measures on a Table and Chair Products

Pursuant to Article 70 of the Law on Foreign Trade Management in 2017 and Article 13 of Decree No. 10/2018/ND-CP detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies, the investigating authority will hold a public consultation in the case of investigating the application of anti-dumping measures on a number of table and chair products original from Malaysia and the People’s Republic of China (case AD16).

Time: 09h00-12h00, Monday, November 21, 2022.

Location: Meeting room 101 – 25 Ngo Quyen, Hoan Kiem, Hanoi.

Format: Face-to-face and online.

Language: The spoken and written language used in the consultation is Vietnamese. The relevant parties have the right to use other spoken and written languages, but there must be a translation from those languages into Vietnamese. Information and documents not in Vietnamese provided by relevant parties must be translated into Vietnamese. The relevant parties must ensure truthfulness, and accuracy and take responsibility before the law for the translated content.

The investigating authority requests relevant parties register to participate in the consultation and send their registration form.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

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Anti-dumping Measures to H-shaped Steel Products from China

Extension of the Period for Final Review of the Application of Anti-dumping Measures to H-shaped Steel Products from China

On July 12, 2022, the Ministry of Industry and Trade issued Decision No. 1377/QD-BCT for extension of the period for final review of the application of anti-dumping measures to some H-shaped steel products originating from the People’s Republic of China (case ER01, AD03).

Extension of the period for final review of the application of anti-dumping measures to H-shaped steel products from China

According to the current Law on Foreign Trade Management, the time limit for the final review of the application of anti-dumping measures shall not exceed 9 months from the date of issuance of the review decision under Decision No. 2301/QD-BCT for final review of the application of anti-dumping measures to some H-shaped steel products originating from the People’s Republic of China (case ER01, AD03) issued on October 13, 2021.

The decision to extend the period for final review of the application of anti-dumping measures to some H-shaped steel products originating from the People’s Republic of China (case ER01.AD03) is based on the fact of the case; to have more time to consider, ensure the investigation is conducted comprehensively and objectively. Accordingly, the deadline for the final review of the case has been extended to September 5, 2022.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our international trade lawyers, countervailing duty lawyers in Vietnam and antitrust lawyers in Vietnam at ANT Lawyers could be of help.

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Vietnam Up-holds the Application of Anti-dumping Measures on Flat-rolled, Painted Alloy Steel from the South Korea and China

On April 20^th, 2021 the Ministry of Industry and Trade issued Decision No. 1283/QD-BCT on the results of the first review of the application of anti- dumping measures of some alloy steel products or non-alloys to be flattened, the paint originated from the Republic of Korea and the People’s Republic of China.

Anti-dumping measures applicable to alloy or non-alloy steel products that are flat-rolled or painted were not requested to be reviewed periodically by any parties On May 5^th, 2022, the Ministry of Industry and Trade issued Decision No. 843/QD-BCT on remaining s or non-alloys to be flattened, the paint originated from the Republic of Korea and the People’s Republic of China.

Within 60 days before the end of one year from the date of this decision, the relevant parties could request for review again.  This decision takes effect on May 5^th, 2022.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our international trade lawyers, countervailing duty lawyers and antitrust lawyers in Vietnam at ANT Lawyers - A Anti-dumping law firm in Vietnam  could be of help.

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Second Review Of Application Of Anti-Dumping Measures Of Some Aluminum Products from China

On June 10, 2022, the Ministry of Industry and Trade issued Decision No. 1149/QD-BCT on the second review of the application of anti-dumping measures for a number of aluminum products originating from the People’s Republic of China (case code AR02.AR05).

Anti-dumping law firm in Vietnam

The above decision requires a review of the application of anti-dumping measures to certain aluminum, alloy or non-alloy products, in the form of bars, rods and shapes, extruded, whether or not treated surface treatment, whether or not further processed, imported into Vietnam and classified under HS code: 7604.10.10; 7604.10.90, 7604.21.90, 7604.29.10, 7604.29.90.

To ensure the interests of all organizations and individuals involved in the case, the Trade Remedies Authority of Vietnam recommends that relevant organizations and individuals do the followings: register as a related party in the review case to access publicly circulated information during the review process; submit comments, information and evidences related to the content of the review; cooperate with the investigating agency in the investigation and review process.

The conduct of procedures related to the review process must not interfere with the application of anti-dumping measures in force.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our international trade lawyers, countervailing duty lawyers in Vietnam and antitrust lawyers in Vietnam at ANT Lawyers could be of help.

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Notice of Decision on Anti-dumping Measures for Some MSG products

On April 6^th,  2022, the Ministry of Industry and Trade issued Decision No. 640/QD-BCT on the results of the first review of the application of anti-dumping measures on some MSG products from the Republic of Indonesia and People’s Republic of China (Case No. AR01.AD09).

 

        Notice of Decision on Anti-dumping Measures for Some MSG products

Name of product: MSG products (also known as MSG, Monosodium Glutamate, MSG, Monosodium glutamate, Monosodium L-glutamate, Sodium glutamate, Sodium salt of glutamic acid).  MSG products holds HS code: 2922.42.20

Main of usage: Use in food processing and cooking: MSG is directly used by consumers in food processing; Used as raw materials to produce other condiment products such as powder/granule seasoning, soup powder; Used as raw materials to produce ready-to-eat food products.

The Anti-dumping level ranges from 3.445.645 VND/ton to 6.385.289 VND/ton depending on origins from Indonesia or China.

However, the Ministry of Industry and Trade may amend and supplement the list of HS codes of goods subject to anti-dumping tax to match the description of the investigated goods and other changes (if any).

Anti-dumpling Tax would be applied from April 11^th, 2022.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Notice of Receipt Application for Exemption from Trade Remedies in March 2022

On March 14^th, 2022, Trade Remedies Authority has issued Notification No. 06/TB-PVTM of receipt of application for exemption from trade remedies in March 2022 (Case No. SG04, SG06, AC10.SG04).

On March 03^rd, 2020, the Ministry of Industry and Trade issued Decision No.715/QD-BCT extending the application of safeguard measures against imported DAP/MAP fertilizers holding the HS code: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

On March 20^th, 2020, the Ministry of Industry and Trade issued Decision No. 918/QD-BCT on extending the application of safeguard measures to imported billet and long steel products holding the HS code: 7207.11.00; 7207.19.00; 7207.20.29; 7207.20.99; 7224.90.00; 7213.10.10; 7213.10.90; 7213.91.20; 7214.20.31; 7214.20.41; 7227.90.00; 7228.30.10; 9811.00.00.

On March 20^th, 2020, the Ministry of Industry and Trade issued Decision No. 920/QD-BCT on the extension of the application of measures to prevent evasion of trade remedies against imported coil and wire products holdings the HS code: 7213.91.90; 7217.10.10; 7217.10.29; 7229.90.99; 9839.10.00.

In order to submit the application for exemption for exemption from trade remedies, the Trade Remedies Authority requires enterprises that meet the conditions to be exempted to submit a dossier of application for exemption from application of trade remedies in the mentioned cases to provide all documents specified in Article 14 and Appendix 03 of the Circular No. 37/2019/TT-BCT.

The relevant parties must submit the application for exemption via online public service portal or send directly to Trade Remedies Authority before 17:00 April 13^th, 2022 (Hanoi time).

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Notice of Receipt Application for Exemption from Anti-dumping and Anti-subsidy Measures in Mar 2022

On November 29^th, 2019, the Ministry of Industry and Trade provided guidance on a number of extent on trade remedy measures under Circular No. 37/2019/TT-BCT for which Trade Remedies Authority requires enterprises that meet the conditions to be exempted to submit a dossier of application for exemption from anti-dumping and anti-subsidy measures for the specific cases.

 

Anti-dumping law firm in Vietnam

Regarding the dossiers of application for exemption from anti-dumping and anti-subsidy measures, the Trade Remedies Authority requires enterprises to provide all documents specified in Article 14 and Appendix 03 of the Circular No. 37/2019/TT-BCT.

In addition, for enterprises that have been granted an exemption for 2022 and are about to use up the granted exemption volume, enterprises can submit an additional application for exemption according to the provisions of Clause 4, Article 16 of Circular 37/ 2019/TT-BCT at any time in 2022.

The relevant parties must submit the application for exemption via online public service portal before 17:00 April 11^th, 2022 (Hanoi time).

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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Trade Remedies for Polyester Long Fiber Products

How to Request Exemption from Application of Trade Remedies for Polyester Long Fiber Products (AD10)?

 Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Minister of Industry and Trade issued Decision No.2302/QD-BCT on applying the official anti-dumping measures on long fiber products made from polyester originating from the People’s Republic of China, the Republic of India, the Republic of Indonesia (Case No. AD10).

On October 19^th, 2021 the Trade Remedies Authority of Vietnam issued Announcement No. 23/TB-PVTM on receiving application for exemption from application of trade remedies for a number of polyester long fiber products (Case No. AD10).

The Investigation Agency requires the relevant parties that meet the conditions for exemption to consider submitting an application for exemption from anti-dumping measures including the documents specified in Clause 1, Clause 2, Article 14 of Circular 37/2019/TT-BCT dated February 29, 2019 of Ministry of Industry and Trade (Circular 37/2019/TT-BCT) and Appendix 3 issued together Circular No. 37/2019/TT-BCT.

The relevant parties submit their application for exemption to the Trade Remedies Department before 5:00 p.m. on November 18, 2021 (Hanoi time).

The information provided in the application must be accurate. After submitting the application, the concerned parties pay attention to the processing of the application. In case of necessity, the investigating authority may organize working with related parties, including verification at production and business facilities of relevant organizations and individuals to clarify the contents of the dossier.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Investigating and Applying Measures to Prevent the Evasion of Trade Remedies on Cane Sugar Products

On September 21^st, 2021, the Minister of Industry and Trade issued Decision No. 2171/QD-BCT on investigating and applying measures to prevent the evasion of trade remedies on some cane sugar products originating from Thailand through Laos, Cambodia, Malaysia, Indonesia and Myanmar (code of case: AC02.AD13-AS01).

 

Anti-dumping Law Firm in Vietnam

For the purpose of the investigation, the Trade Remedies Authority of Vietnam (Investigating Authority) issued Official Dispatch No. 821/PVTM-P1 on the issuance of the Questionnaire for foreign producers and exporters.

The Response to the Questionnaire shall include the general information and the sale data of the foreign manufacturers and exporters. The content of the Response shall be one of the important grounds for Investigating Authority to conclude the case.

The Investigating Authority requests all the relevant parties to cooperate by filling and sending the Response of the Questionnaire before 15:00 December 01^st, 2021 (Hanoi time). The way to answer the Questionnaire, the amount of the Response, the form and the deadline for submitting the Response are detailed in the Questionnaire.

The information, data provided during the responding process and the right to access the information of the case during the investigation shall be implemented in accordance with the regulations on confidentiality of information.

To ensure its rights and interests, the relevant parties need to answer and submit the Questionnaire on time. In case the Investigation Authority does not receive the Response on time or the information provided is incorrect or incomplete as requested, the Investigating Authority shall apply the provisions on the non-cooperation of related parties in a trade remedy case.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

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Questionnaire for Anti-dumping Investigation on Table and Chair Products From the China and Malaysia

MOIT Issues the Questionnaire for Anti-dumping Investigation on Table and Chair Products From the China and Malaysia (Code of case AD16).

Anti-dumping Law Firm in Vietnam

On September 01^st, 2021, the Ministry of Industry and Trade (MOIT) issued the Decision No.2091/QDD-BCT on investigating to anti-dumping measures on some table and chair products origination from the People’s Republic of China and Malaysia (Code of case AD16). The Department of Trade Remedies issued an anti-dumping investigation questionnaire on quantity and value for foreign manufacturers/exporters.

Regarding the proposal to extend the time for submitting the questionnaires, the Investigating Authority agreed to extend the time to respond to the questionnaires for the relevant parties. The content of the response will be the same with the following instructions in Official Letter No.683/PVTM-P2 dated September 16, 2021. After the extension period, the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority or available information and documents for giving the result according to the regulation of Law on Foreign trade management.

The relevant parties must respond to the Investigation Authority before 17:00 November 08^th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

To ensure its rights and interests, the relevant parties need to answer and submit the Questionnaire on time.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Final Review for the Safeguard Measure for DAP and MAP Imported Fertilizers (SG06)

The MOIT Receives the Dossier on Final Review for the Safeguard Measure for DAP and MAP Imported Fertilizers (SG06).

 

Anti-dumping Law Firm in Vietnam

On March 03th, 2020, the Ministry of Industry and Trade issued the Decision No.715/QD-BCT on extending the application of safeguard measure to DAP/MAP imported fertilizers holding the HS code: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00. The extension period for application of safeguard measures is 30 months from March 7^th, 2020 to September 6^th, 2022 (if not extended).

According to the Article 69.1 Decree No.10/2018/ND-CP on guidelines for the law on foreign trade management on trade remedies, at least 09 months before the decision on imposition of safeguard measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of safeguard measures. Within 30 days since the announcement of the investigating authority, organizations and individuals may submit the dossier for final review of imposition of safeguard measures.

The Trade Remedies Authority in Vietnam required the domestic producers of like or directly competitive products that wish to extent the duration of the safeguard measure shall submit an application for the extension of the safeguard measure.

The dossier including an application for the extension of the safeguard measure shall obtain the evidence, showing that the domestic industry has made necessary adjustments to raise its competitive capability, and the withdrawal of the safeguard measure will cause the serious injury or threat of serious injury to the domestic industry.

Deadline for submitting the dossier on requiring final review is before 5:00 P.M on October November 09^th, 2021.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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Anti-Dumping Measures to H-Shape Steels Imported from China to Vietnam

MOIT Implements the Final Review of Applying the Anti-Dumping Measures to H-Shape Steels Imported from China to Vietnam.

On August 21st, 2017, the Ministry of Industry and Trade issued Decision No.3283/QD-BCT on applying the official anti-dumping measure to imported galvanized steel products. The anti-dumping measure is applied until September 05th, 2022 (except having any changes, extend according to the regulations of the laws)

Anti-dumping Law Firm in Vietnam

According to the regulations of the Law on Foreign trade management and WTO Anti-Dumping Agreement, on October 13^th, 2021, the Ministry of Industry and Trade issued the Decision No.2301/QD-BCT on final review of applying the Anti-Dumping Measures to H-Shape Steels imported from China (Case No.ER01. AD03).

1.The reviewed products:

Some of H-Shape steels imported from China are holding HS Code 7216.33.11, 7216.33.19, 7216.33.90, 7228.70.10, 7228.70.90. The current anti-dumping tax for these products is from 19.03% to 29.17% dependent on the exporter.

2.The scope of the review:

i. Assess the possibility of imported goods being dumped if anti-dumping measures are terminated;

ii. The possibility that the domestic industry will suffer material injury or be threatened with material injury if the application of anti-dumping measures is terminated; and

iii. A causal relationship between the possibility of dumping and the possibility of injury suffered by the domestic industry;

iv. Other contents as prescribed by laws;

3.Registering for the related parties

The parties according to Article 74 Law on Foreign trade management could register to related parties, including:

i. Overseas organizations and individuals that produce and export products under consideration to Vietnam;

ii. Importers of products under consideration;

iii. Foreign associations whose majority of members are organizations and individuals producing and exporting products under consideration;

iv. The Government and competent authorities of the exporting country of product under consideration;

v. Organizations and individuals that submit the application for the trade remedies;

vi. Domestic producers of like products;

vii. Domestic associations whose majority of members are producers of like products;

viii. Other organizations and individuals that obtain legal rights and interests related to the investigated cases or facilitate the investigation or representative organizations of protection of customer rights.

4.The questionnaire for final review

Within 15 days since the issuance of the decision on review, the investigating authority shall send the questionnaire for review to the following subjects:

i. The review requesting party;

ii. The reviewed party;

iii. Other involved parties deemed necessary by the investigating authority.

Within 30 days after receiving the questionnaires for review, the concerned parties must provide written replies to all questions in the questionnaire.

5.The time limited for the final review

The time limit for the final review is 09 months from the day on which the decision on review is issued, with a possible extension up to 03 months if necessary.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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