Anti-dumping Measures on Welding Materials from China, Thailand and Malaysia (AD15)

On January 21th, 2021, Trade Remedies Authority of Vietnam (Investigating Authority) received Dossier from a company which is the representative of the domestic manufacturing (Requesting Party) requesting for the application of the anti-dumping measures on some types of welding materials originating from People’s Republic of China, Kingdom of Thailand and Malaysia.

 

On February 01st, 2021, Investigating Authority confirmed that Dossier was complete, valid according to regulations of law on trade remedies. Within 45 days of the receipt of a complete, valid Dossier, the Investigating Authority shall examine the Dossier to submit to the Minister of Industry and Trade for consideration for conducting an investigation. Contents of Dossier examination include: (i) Determine qualification of the legal representative of the domestic manufacturing of organization, individual that submitted the Dossier according to regulation of Law on Foreign Trade Management; (ii) Determine evidence on the dumping of imported goods that caused or threatened to cause significant injury to a domestic manufacturing or significantly prevent the formation of a domestic manufacturing.

On March 18th, 2021, Ministry of Industry and Trade issued Decision no. 947/QD-BCT on conducting an investigation to apply anti-dumping measure on some types of welding materials with HS code 7217.10.10; 7217.30.19; 7217.90.10; 7229.20.00; 7229.90.20; 7229.90.99; 8311.10.10; 8311.10.90; 8311.30.91; 8311.30.99; 8311.90.00 originating from People’s Republic of China (China), Kingdom of Thailand (Thailand) and Malaysia (Goods under investigation) (code AD15).

According to Vietnam laws, after initiating an investigation, Ministry of Industry and Trade will send a Questionnaire to related parties to collect information for the purpose of analyzing, assessing the accusations, including: dumping activities of export enterprise of China, Thailand and Malaysia; (ii) damages of the industry whose Vietnam products; (iii) causation between dumping activities and damages of the industry whose domestic products.

If necessary, based on results of preliminary investigation, Ministry of Industry and Trade can apply temporary anti-dumping measure in order to prevent dumping activities which continue to cause material injury to domestic industry.

Ministry of Industry and Trade will conduct examining, verifying the information provided by related parties before finalizing official investigation conclusion of this case. At the same time, Ministry of Industry and Trade will also hold a public consultation in order for the related parties to directly communicate, provide information, give opinions about this case before making a final decision.

Ministry of Industry and Trade recommends that all organizations, individuals who are exporting, importing, distributing, conducting business, using goods under investigation should register as related parties and should provide Ministry of Industry and Trade the necessary information so that rights and interests are protected according to Vietnam laws.

Ministry of Industry and Trade can impose the retroactive of the anti-dumping duty on the imposed goods within 90 days before imposing temporary anti-dumping duty. Therefore, Ministry of Industry recommends that all organizations, individuals who are in the process of exporting, importing, distributing, conducting business, using goods under investigation should pay attention to the possibility of imposing temporary anti-dumping duty and the retroactive of the anti-dumping duty.

Our international trade and competition lawyers in Vietnam at ANT Lawyers will always follow the development from authorities to provide update to our clients.

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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What are the Process of Investigation of Imposing Trade Remedies?

Trade remedies are trade policy tool that allow governments to take remedial action against imports which are causing or threatening to cause material injury to a domestic industry. This is considered as a tool for maintaining the international trade order in a way of fairness and sound for countries when participating in free trade agreements. As Vietnam has entered a number of important free trade agreements, especially recent EU Vietnam Free Trade Agreement, it is important to understand the process of investigation of imposing trade remedies and how an international trade law firm could help representing clients in taking part in the procedures including anti-dumping, countervailing duty and safeguarding investigation of state authorities.

 

Antitrust Lawyers in Vietnam

How a trade remedy case is processed?

Firstly, an organizations or individual representing a domestic industry may submit a request for applying the measure if it is found that the domestic industry is injured caused by dumping on imports, import subsidies or a surge in imports.

Secondly, after having the notification of lawful dossiers from Investigating authority, Minister of Industry and Trade would base on the proposal of Investigating authority to make decision of whether to start the investigation or not.

Thirdly, in the event of Minister of Industry and Trade decides to proceed the case, Investigating authority will issue the Questionnaire within 15 days from the date of issuing the investigating decision. However, in some cases, before sending the Questionnaire to parties, Investigating authority may send the quantity and value Questionnaire to select the sample to limit the scope of investigation.

The investigation to impose the anti-dumping measure, countervailing measure is within 12 months from the date of having the investigating decision, this duration may be extended but the total of the case does not exceed 18 months. However, the investigation period of imposing safeguard measure must be completed within 9 months, this duration may be extended but the total of the case does not exceed 12 months.

During the investigation period, Investigating authority will give an opportunity to interested parties for the consultation, specifically: (i) when having the consultation request from interested parties (ii) Before the final determination of investigation is disclosed, the investigating authority can organize the public consultation in manner that interested parties can present information and opinion related to the case.

However, Minister of Industry and Trade shall decide to terminate the investigation in the following cases:

-The applicant voluntarily withdraws the application;

-The preliminary determination of the investigating authority shows that there is no injury or threat of injury to the domestic industry or material retardation of establishment of the domestic industry;

-The final determination of the investigating authority obtains one of the following contents:

-The product under consideration imported to Vietnam is not dumped, subsidized or imported excessively;

There is no injury to the domestic industry;

There is no objective evidence of the existence of a causal link between the dumping on imports, import subsidies and the surge of imports and the injury or threat of injury to domestic industry or the material retardation of the establishment of the domestic industry;

The investigating authority reaches an agreement with the competent authority of the country which is accused of granting subsidies to its products imported to Vietnam on removing the abovementioned subsidies.

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 and tax lawyers, and antitrust lawyers in Vietnam at ANT Lawyers, a law firm in Vietnam have always followed the development of situation and update the clients on relevant matters

 

Read More

What are the Process of Investigation of Imposing Trade Remedies?

Trade remedies are trade policy tool that allow governments to take remedial action against imports which are causing or threatening to cause material injury to a domestic industry. This is considered as a tool for maintaining the international trade order in a way of fairness and sound for countries when participating in free trade agreements. As Vietnam has entered a number of important free trade agreements, especially recent EU Vietnam Free Trade Agreement, it is important to understand the process of investigation of imposing trade remedies and how an international trade law firm could help representing clients in taking part in the procedures including anti-dumping, countervailing duty and safeguarding investigation of state authorities.

 

Antitrust Lawyers in Vietnam

How a trade remedy case is processed?

Firstly, an organizations or individual representing a domestic industry may submit a request for applying the measure if it is found that the domestic industry is injured caused by dumping on imports, import subsidies or a surge in imports.

Secondly, after having the notification of lawful dossiers from Investigating authority, Minister of Industry and Trade would base on the proposal of Investigating authority to make decision of whether to start the investigation or not.

Thirdly, in the event of Minister of Industry and Trade decides to proceed the case, Investigating authority will issue the Questionnaire within 15 days from the date of issuing the investigating decision. However, in some cases, before sending the Questionnaire to parties, Investigating authority may send the quantity and value Questionnaire to select the sample to limit the scope of investigation.

The investigation to impose the anti-dumping measure, countervailing measure is within 12 months from the date of having the investigating decision, this duration may be extended but the total of the case does not exceed 18 months. However, the investigation period of imposing safeguard measure must be completed within 9 months, this duration may be extended but the total of the case does not exceed 12 months.

During the investigation period, Investigating authority will give an opportunity to interested parties for the consultation, specifically: (i) when having the consultation request from interested parties (ii) Before the final determination of investigation is disclosed, the investigating authority can organize the public consultation in manner that interested parties can present information and opinion related to the case.

However, Minister of Industry and Trade shall decide to terminate the investigation in the following cases:

-The applicant voluntarily withdraws the application;

-The preliminary determination of the investigating authority shows that there is no injury or threat of injury to the domestic industry or material retardation of establishment of the domestic industry;

-The final determination of the investigating authority obtains one of the following contents:

-The product under consideration imported to Vietnam is not dumped, subsidized or imported excessively;

There is no injury to the domestic industry;

There is no objective evidence of the existence of a causal link between the dumping on imports, import subsidies and the surge of imports and the injury or threat of injury to domestic industry or the material retardation of the establishment of the domestic industry;

The investigating authority reaches an agreement with the competent authority of the country which is accused of granting subsidies to its products imported to Vietnam on removing the abovementioned subsidies.

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 and tax lawyers, and antitrust lawyers in Vietnam at ANT Lawyers, a law firm in Vietnam have always followed the development of situation and update the clients on relevant matters

 

Read More

Anti-dumping Measures on Welding Materials from China, Thailand and Malaysia (AD15)

On January 21th, 2021, Trade Remedies Authority of Vietnam (Investigating Authority) received Dossier from a company which is the representative of the domestic manufacturing (Requesting Party) requesting for the application of the anti-dumping measures on some types of welding materials originating from People’s Republic of China, Kingdom of Thailand and Malaysia.

 

On February 01st, 2021, Investigating Authority confirmed that Dossier was complete, valid according to regulations of law on trade remedies. Within 45 days of the receipt of a complete, valid Dossier, the Investigating Authority shall examine the Dossier to submit to the Minister of Industry and Trade for consideration for conducting an investigation. Contents of Dossier examination include: (i) Determine qualification of the legal representative of the domestic manufacturing of organization, individual that submitted the Dossier according to regulation of Law on Foreign Trade Management; (ii) Determine evidence on the dumping of imported goods that caused or threatened to cause significant injury to a domestic manufacturing or significantly prevent the formation of a domestic manufacturing.

On March 18th, 2021, Ministry of Industry and Trade issued Decision no. 947/QD-BCT on conducting an investigation to apply anti-dumping measure on some types of welding materials with HS code 7217.10.10; 7217.30.19; 7217.90.10; 7229.20.00; 7229.90.20; 7229.90.99; 8311.10.10; 8311.10.90; 8311.30.91; 8311.30.99; 8311.90.00 originating from People’s Republic of China (China), Kingdom of Thailand (Thailand) and Malaysia (Goods under investigation) (code AD15).

According to Vietnam laws, after initiating an investigation, Ministry of Industry and Trade will send a Questionnaire to related parties to collect information for the purpose of analyzing, assessing the accusations, including: dumping activities of export enterprise of China, Thailand and Malaysia; (ii) damages of the industry whose Vietnam products; (iii) causation between dumping activities and damages of the industry whose domestic products.

If necessary, based on results of preliminary investigation, Ministry of Industry and Trade can apply temporary anti-dumping measure in order to prevent dumping activities which continue to cause material injury to domestic industry.

Ministry of Industry and Trade will conduct examining, verifying the information provided by related parties before finalizing official investigation conclusion of this case. At the same time, Ministry of Industry and Trade will also hold a public consultation in order for the related parties to directly communicate, provide information, give opinions about this case before making a final decision.

Ministry of Industry and Trade recommends that all organizations, individuals who are exporting, importing, distributing, conducting business, using goods under investigation should register as related parties and should provide Ministry of Industry and Trade the necessary information so that rights and interests are protected according to Vietnam laws.

Ministry of Industry and Trade can impose the retroactive of the anti-dumping duty on the imposed goods within 90 days before imposing temporary anti-dumping duty. Therefore, Ministry of Industry recommends that all organizations, individuals who are in the process of exporting, importing, distributing, conducting business, using goods under investigation should pay attention to the possibility of imposing temporary anti-dumping duty and the retroactive of the anti-dumping duty.

Our international trade and competition lawyers in Vietnam at ANT Lawyers will always follow the development from authorities to provide update to our clients.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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