Vietnam to Review Application of Anti-Dumping Measures to Plastic and Polymer

On July 20th, 2020 the Ministry of Foreign and Trade issued Decision No.1900/QD-BCT on applying the official anti-dumping measure to some plastic products and products from plastic made of polymer from propylene originated from the Republic People’s of China, Kingdom of Thailand, and Malaysia (Case No.AR01, AD07).

 

On September 24th, 2021, the Ministry of Foreign and Trade issued Decision No.2201/QD-BCT on the first review of the application of anti-dumping measures to Plastic and Polymer.

The reviewed products

The plastic products and products from plastic made of polymer from propylene having the thickness is from 10 microns to 80 microns and the width is from 115mm to 7800mm. These products are holding HS Code 3920.20.10 and 3920.20.91. The current anti-dumping tax for these products is from 9,05% to 23,71% dependent on the exporter.

The scope of the review

To review the anti-dumping duties applied to:

Group of Kunlene companies, including Suzhou Kunlene Film Industries Co., Ltd. and Yunnan Kunlene Film Industries Co., Ltd.; and

Group of Kinwin companies, including Kinwin Plastic Industrial Co., Ltd.; Zhejiang Kinlead Innovative Materials Co., Ltd., and Ultra Fast Development Limited.

The period of review

The Investigating Authority will collect the data related to the review from October 01st, 2020 to September 30th, 2021.

The time limit for the review

According to the regulations on Law on Foreign Trade Management, the time limit for the review of products subject to the anti-dumping measure is 06 months from the day on which the decision on review is issued, with a possible extension up to 03 months if necessary.

The parties need to register as related parties to ensure their rights in this 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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The Ministry of Industry and Trade Receiving Request for Exemption from Applying Anti-Dumping and Countervailing Measures in September 2021

According to the regulations on the trade remedies in the Circular No.37/2019/TT-BCT on providing detailed regulations on trade remedy, in March and September of every year, the Trade Remedies Agency of Vietnam requires the companies which meet the conditions of exemption from apply anti-dumping and countervailing measures in the cases of AD01 (Cold rolled stainless steel products), AD02 (Galvanized steel products), AD03 and AD12 (H-Shaped steel products), AD04 (Color coated steel products), AD05 (Aluminum profiles products), AD07 (Plastics and plastic products made from polymers of propylene), AD08 (Cold rolled (cold pressed) steel in coils or sheets), AD09 (MSG), AD10 (Long yarn made of polyester), AD13-AS01 (Sugar cane), AD14 (Sorbitol).

 

Deadline for companies submitting the dossier on requiring applying for the exemption from anti-dumping and countervailing measures is before 5:00 P.M on October 09^th, 2021.

Application dossiers for applying for the exemption from anti-dumping and countervailing measures:

i) A written request for exclusion from trade;

ii) A copy of the enterprise’s certificate of business registration or investment certificate;

iii) Description of the good for which the exclusion request is submitted, including scientific name, trade name, common name; basic physical and chemical properties; main uses; production process; applicable international and domestic standards and/or regulations; HS code according to Vietnam’s nomenclature of exports and imports;

iv) The document stating information about the volume, quantity and value of the imported good for which the exclusion request is submitted (in the last 03 years and in current year);

v) The written production process of the product of which input material is the good for which the exclusion request is submitted;

vi) The demand for consumption or use of the imported good for which the exclusion request is submitted (in the past 03 years and in the current year);

vii) The prescribed or estimated level of consumption of raw material which is the good for which the exclusion request is submitted;

viii) Documents or samples proving the difference between the good for which the exclusion request is submitted and the like or directly competitive products produced by the domestic industry;

ix) The document stating information about the production line and output of the good for which the exclusion request is submitted in the past 03 years and those in the current year;

x) Documents proving the demand for use of the quantity of good for which the exclusion request is submitted, including contracts signed with customers, written approvals for in-progress projects or other relevant documents.

Note: In case the company which has been granted an exemption for 2021 is about to use up the granted exemption volume, the company can submit an additional application for exemption at any time in 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, 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 Application for Exemption from Trade Remedies for Fertilizers, Billet and Long Steel Product

On March 03rd, 2020, the Ministry of Industry and Trade issued Decision No. 715/QD-BCT on extending the application of safeguard measures to the goods which are imported DAP/MAP fertilizers bear the following HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

 

Notice of Application for Exemption from Trade Remedies for Fertilizers, Billet and Long Steel Product

On March 20th, 2020, the Ministry of Industry and Trade issued Decision No. 918/QD-BCT on extending the application of safeguard measures to the goods which are imported billet and long steel products bear the following HS codes: 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 20th, 2020, the Ministry of Industry and Trade issued Decision No. 920/QD-BCT; on extending the application of measures to prevent evasion of trade remedies for imported coil and wire products which bear the following HS codes: 7213.91.90; 7217.10.10; 7217.10.29; 7229.90.99; 9839.10.00.

According to the regulation of Article 16.1.c Circular 37/2019/TT-BCT on November 29th, 2019, the Ministry of Industry and Trade specified some contents on trade remedy measures (Circular 37/2019/ TT-BCT) in detail. Whereby, the Trade Remedies Administration (PVTM) requests enterprises that meet the conditions to be exempted in submitting a dossier of application for exemption from the application of trade remedies in the three cases mentioned above, including: documents specified in Article 14 and Appendix 03 Circular 37/2019/TT-BCT.

According to the regulation of Articles 15 and Article 16.3 Circular 37/2019/TT-BCT, it is recommended that companies to submit their application for exemption online or directly to the Trade Remedies Department before 17:00 on October 6th, 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, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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The Ministry of Industry and Trade to Investigate the Dumping of Table and Chair Products Imported into Vietnam

On September 01^st, 2021 the Ministry and Trade issued the Decision No.2091/QD-BCT on investigation of application of anti-dumping measures for some table and chair products holding the HS Code: 9401.30.00; 9401.40.00; 9401.61.00; 9401.69.90; 9401.71.00; 9401.79.90; 9401.80.00; 9401.90.40; 9401.90.92; 9401.90.99; 9403.30.00; 9403.60.90; 9403.90.90 origin China and Malaysia (Case code AD16) (Decision No.2091).

 

On December 29^th, 2020 the Trade Remedies Authority of Vietnam received the required dossier of some domestic producers on applying anti-dumping measures of the products above. This dossier is confirmed that is valid on June 03^rd, 2021.

According to the regulation on Law on Foreign trade management, Decision No.2091, and related regulations, the period of anti-dumping investigation is 12 months from July 01^st, 2020 to June 30^th, 2021. And the investigation period for determining damage is 03 years from July 01^st, 2018 to June 30^th, 2021.

The requesting anti-dumping tax of the requesting parties is 35,20% for the table, and 21,40% for the chairs products from China. The requesting anti-dumping tax is 32,40% for table and 24,90% for chair products from Malaysia.

The Trade Remedies Authority will send an investigation questionnaire to relevant parties to collect information, analyze and evaluate the allegations, including: (i) dumping behavior of the exporting enterprises of China and Malaysia; (ii) damage to the domestic industry; and (iii) a causal relationship between dumping and damage to the domestic industry.

The related organizations, individuals having importing, exporting, trading, using the investigation products should register the related parties and provide the necessary information to the Trade Remedies Authority to ensure their rights and benefit according to the regulation of the laws.

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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Investigation against Evasion of Trade Remedies for a Cane Sugar Products from Thailand

On June 15^th, 2021, the Ministry of Industry and Trade issued the Decision No. 1578/QD-BCT on imposition of official anti-dumping and countervailing duties on cane sugar products imported from kingdom of Thailand (Case No.AD13-AS01). However, on August 25^th, 2021 the Ministry of Industry and Trade received the dossier on requesting investigation against evasion of trade remedies of 06 domestic sugarcane industries.

 

According to the Decision No.1578/QD-BCT, the goods on which the official anti-dumping and countervailing duties are imposed bear the following HS codes: 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91. The official anti-dumping duty rate is 42.99% and the official countervailing duty rate is 4.65% will be applied for 05 years since June 16^th, 2021.

Until now, the exporting turnover of the products above of other countries in ASEAN (without Thailand) increases in value. The Ministry of Industry and Trade works with The Vietnam Sugarcane Association monitors the import situation and actively consults and supports the Vietnam Sugar Association as well as the domestic sugarcane industries in collecting information, data, and building request dossiers on requesting investigation against circumvention of trade remedies with cane sugar products to ensure compliance with the provisions of Vietnam’s trade remedy law.

Acts of evading trade remedies are often complex in nature, involving many matters, legal regulations and international commitments. The countries also have different regulations on this issue. In some cases, even though goods fully meet the rules of origin, they can still be considered circumvention.

According to the regulation of Article 81.1 Decree No.01/2018/ND-CP on guidelines for the law on foreign trade management on trade remedies, the Ministry of Industry and Trade confirmed that the dossier is valid. Within 45 days after the receipt of the valid dossier, the Minister of Industry and Trade shall consider the investigation based on the results of examination of dossiers of the investigating authority.

The investigation for prevention of evasion of trade remedies includes the following contents (i) Determination of actions aiming to evade trade remedies; (ii) The change of trade flows from the originating or exporting countries after the effective date of the decision on application of trade remedies and this change is the cause of such evasion; (iii) Damage to the domestic industry or the reduced effectiveness of the effective trade remedies.

The time limit for investigation of evasion of trade remedies shall not exceed 06 months since the issuance of the investigation decision.

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.

Parties could consult with international trade dispute lawyers in Vietnam for assistance in responding to Vietnam authorities.

 

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How to Prepare and Request for Imposition of Anti-dumping Measures in Vietnam?

Organizations or individuals representing a domestic industry (Requesting Party) have the right to submit an application of request for imposition of anti-dumping measures if seeing that goods are dumped thus causing injury to that domestic industry.

 

Anti-dumping Law Firm in Vietnam

The requesting party could themselves prepare or seek legal help from local international trade lawyers for representing and submitting an application of request for imposition of anti-dumping measures in Vietnam.

Following are

Stage 1: Preparation for the application

Application of request for imposition of anti-dumping measures (hereinafter referred to as “Application of request”) includes a written request for imposition of anti-dumping measures (hereinafter referred to as “Written request”) and related documents.

Stage 2: Submitting the application

The Requesting Party must submit one (01) copy of the Application of request to Dumping and Subsidy Investigation Division (hereinafter referred to as “Investigating Authority”) under Trade Remedies Authority of Vietnam, Ministry of Industry and Trade, which is located on 23 Ngo Quyen Street, Hoan Kiem District, Hanoi. The authority works during office hours from Monday to Friday.

In case of the Requesting Party asks to keep some information in the Application request confidential, Requesting Party must submit two (02) copies of the Application of request which comprise one (01) copy containing public information and one (01) copy containing confidential information. Regarding the confidential information, the Requesting Party must attach a detailed explanation of the request for confidentiality of the information and a summary of the contents of the confidential information that may be disclosed to other relevant parties.

The Investigating Authority shall verify the adequacy and validity of the Application of request and notify the result to the Requesting Party within 15 days from the receipt of the application.

Stage 3: Supplementing the application

In case of the Application of request is not adequate or valid, the Investigating Authority shall request supplementation from the Requesting Party. The time limit for supplementation of the application is decided by the investigating authority but not lower than 30 days from the notification of supplementation.

In case of the Application of request is adequate and valid, the Investigating Authority shall inform the related parties including the Requesting Party about receiving the application and start to verify the content of the Application of request. After this stage, the procedure for submitting an application of request for imposition of anti-dumping measures shall be completed.

In general, the information in the Application request should be adequate and valid. However, to pass the content verification and become a basis for issuing a decision to launch the investigation, the Requesting Party must satisfy the two (02) following conditions:

In terms of the condition of legal status, the Requesting Party must be eligible for the legal representative status of the domestic industry as prescribed in Art. 79(2) and Art. 87(2) of the Law on Foreign Trade Management (Art. 31(2)(a) Decree 10/2018/ND-CP). The Requesting Party shall be regarded as representing a domestic industry when all the following requirements are fully met:

i) The total volume or quantity of similar goods manufactured by the domestic manufacturers that submit the dossier and domestic manufacturers that support the request for application of anti-dumping measures is larger than the total volume or quantity of similar goods manufactured by the domestic manufacturers that oppose such request;

ii) The total volume or quantity of similar goods manufactured by the domestic manufacturers that submit the dossier and domestic manufacturers that support the request for application of anti-dumping measures accounts for at least 25% of the total volume or quantity of similar goods manufactured by the domestic industry concerned.

In terms of the condition of evidence, the Requesting Party should prepare sufficient documents on the dumping on goods imported to Vietnam to prove that the dumping of such goods significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of the domestic industry. The contents that need to be carefully and fully prepared are:

i) Information on the normal price and export price of the described goods in the Written request; dumping margin of the imports subject to investigation of anti-dumping measures;

ii) Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

iii) Information, data and evidences on the causal relationship between the import of goods requested to investigate and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry.

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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Public Hearing of Investigating and Applying Anti-Dumping Measures on Polyester Filament Yarn (AD10 case)

On April 6 2020, Minister of Ministry of Trade and Industry signed the Decision 1079/QD-BCT in the case of investigating and applying anti-dumping measures on Polyester Filament Yarn originating in the People’s Republic of China, the Republic ofIndia, the Republic of Indonesia and Malaysia (AD10 case).

 

Anti-dumping Law Firm in Vietnam

Pursuant to Article 70, Law on Foreign Trade Management 2017 and Article 13, Decree no. 10/2018/ND-CP stipulated the details of some articles of the Law on Foreign Trade Management on trade defense measures, the Investigation Authority is going to hold a public hearing for AD10 case.

Specifically, the hearing will take place online via Meeting room no. 904 – 23 Ngo Quyen, Hoan Kiem, Hanoi at 9am – 12pm, August 30^th, 2021, by Hanoi time. The spoken and written language used in the public hearing is Vietnamese. The related parties have the right to use other languages, however, translation from that language into Vietnamese is required. Information and documents other than Vietnamese provided by the related parties must be translated into Vietnamese. The related parties must ensure the truthfulness, accuracy and responsibility before the law for the translated content.

Deadline for submitting registration and consultation content will be before 5pm, August 23^rd, 2021 by 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, 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 under Vietnam laws

Vietnam joined the WTO, signed various types of trade agreements, and step by step eliminated tariff and non-tariff barriers, and accelerated the process of integration and development of Vietnam. The Foreign Trade Administration Act of 2017, which regulates trade remedies, has also terminated the effect of the Ordinance on Anti-dumping of Imported Goods in 2004.

 

Anti-dumping Law Firm in Vietnam

According to the Law on Foreign Trade Management, Decree 10/2018/ND-CP, anti-dumping measures against goods imported into Vietnam is a measure applied in cases where the goods are identified dumping when imported into Vietnam causes substantial injury or threatens to cause material injury to a domestic industry or prevents the formation of a domestic manufacturing industry. A commodity is determined to be dumping when it is compared to the following conditions: the selling price in Vietnam is lower than the normal price. The usual price determination is regulated by the Law on Foreign Trade Management in three ways: the price of the like goods at exporter, the price of the like goods in the third country under normal commercial conditions or the price determined by the investigating agency by the method of self-calculation.

Ø Related post: What Are Possible Anti-dumping Measures on Office Desk Products and Office Table Parts, Chairs and Chair Parts?

For the application of anti-dumping measures, the “sale price” factor is not sufficient, but must fully satisfy the conditions prescribed by law. Accordingly, the dumping measure is applied when the dumping margin is over 2%; the domestic industry suffered material injury or threatened to cause material injury; there is a fruitful relationship between the importation of goods selling prices and the domestic production. With the margin of dumping below 2%, anti-dumping measures are not applicable.

The application of anti-dumping measures is considered as a way of healthy competition of enterprises. Domestic enterprises may request the competent agencies to apply this measure when they find that they fully satisfy the conditions on quantity and volume of goods related to their selling prices and the proportion of goods that they sell on the market devaluation (at least 25%). On the basis of the conclusions of the investigation, the anti-dumping tax shall be applied for not more than 5 years or the measures for elimination of dumping at the request of the domestic enterprises if they are approved by Vietnam Competition Authority, the investigation bodies.

An anti-dumping duty shall apply retroactively prior to the decision of the Minister of Industry and Trade. Anti-dumping duty shall be retroactively applied to imported goods for a period of 90 days before the imposition of provisional anti-dumping duty if the imported goods are found to be dumped.

Therefore, anti-dumping measures are a way to protect the domestic industry and at the same time create a healthy competition between foreign enterprises and Vietnamese enterprises. At the same time, respect for international commitments, trade agreements that Vietnam signed when joining the WTO.

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 Possible Anti-dumping Measures on Office Desk Products and Office Table Parts, Chairs and Chair Parts?

Anti-dumping measure imposed on imports of Vietnam is a measure imposed on products that are dumped when being imported to Vietnam, which causes material injury or threaten to cause material injury to domestic industry or retard the establishment of the domestic industry.

 

Anti-dumping Law Firm in Vietnam

According to regulations of the law, a product that is determined as dumped if price of this product imported to Vietnam is less than the comparable price of its like products sold in the exporting country or third country under the common commercial conditions or the price that is self-calculated by the investigating authority. Anti-dumping measures include: Imposition of anti-dumping duty; Undertakings to implement measures for removing the dumping carried out by organizations and individuals producing and exporting products subject to the anti-dumping measures with the investigating authority of Vietnam or domestic producers in case of the approval of the investigating authority.

In recent years, Vietnam has regularly used trade remedies to protect the domestic commodity market. In 2020, the State handled 5 new anti-dumping investigations against a lot of imported goods such as long yarn made of polyester (also known as filament yarn, PFY yarn) originating from China and India, Indonesia and Malaysia; Liquid sugar extracted from corn starch (also known as HFCS) originating from China and Korea; H-shaped steel from Malaysia; Cane sugar comes from Thailand and Sorbitol sugar comes from China, Indonesia and India.

On June 3, 2021, the Trade Remedies Administration (Investigating Authority) received the dossier of the company representing the domestic manufacturing industry (the Requesting Party), requesting investigation to apply anti-dumping measures on a few of office desk products and office table parts, chairs and chair parts originating from the People’s Republic of China and Malaysia. By June 18, 2021, the Investigation Authority confirmed that the dossier was complete and valid in accordance with the law on trade remedies.

According to regulations, within 45 days from the date of confirmation of complete and valid dossier, the Investigation Authority will appraise the dossier and submit it to the Minister of Industry and Trade for consideration to conduct investigation or not to conduct investigation.

Contents of dossier appraisal include:

(i) Determining the legal representative status of the domestic manufacturing industry of the organization or individual submitting the dossier in accordance with the Law on Foreign Trade Management;

(ii) Identify evidence that dumping of imported goods injury or threat of material injury to the domestic industry or material retardation of establishment of the domestic industry.

In order to serve the appraisal work, as well as ensure the legitimate rights and interests of enterprises, the Investigating Authority requests domestic enterprises producing/trading in similar goods mentioned above to provide detailed information about the enterprise, specifically: Information about the enterprise; Design capacity and quantity of office desks and table parts, chairs and chair parts in 2018, 2019 and 2020; The company’s opinion on the case (agree, oppose, no opinion); Any other documents/evidence that the enterprises deem relevant to the case.

The deadline for domestic enterprises to provide the above information is July 16, 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, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Regulation On Imposing Anti-Dumping Duty

Imposition of anti-dumping measure includes imposition of provisional anti-dumping duty and official anti-dumping duty. According to Law on export and import duties 2016, anti-dumping duty means an additional import duty imposed upon dumped imports in Vietnam that cause or threaten to cause considerable damage to domestic manufacturing or prevent the formation of domestic manufacturing.

 

Anti-dumping Law Firm in Vietnam

The imposition of provisional anti-dumping duty is decided by the Minister of Industry and Trade according to the preliminary determination provided by the investigating authority. The rate of provisional anti-dumping duty shall not exceed the dumping margin defined in the preliminary determination. The maximum duration of imposition of provisional anti-dumping duty is 120 days from the days on which the decision on imposition of anti-dumping duty comes into force. In case of the request of an exporter of like products exported to Vietnam, the Minister of Industry and Trade may give an extension of provisional anti-dumping duty up to 60 days. The provisional anti-dumping duty shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade. The amount of anti-dumping duty paid under decision on imposition provisional anti-dumping duty issued by the Minister of Industry and Trade that is in excess of the payable amount after the official decision of Minister of Industry and Trade shall be refunded to the taxpayer.

The imposition official anti-dumping duty is decided by the Minister of Industry and Trade according to the final determination provided by the investigating authority. The rate of anti-dumping duty shall not exceed the dumping margin defined in the final determination. The maximum duration of anti-dumping duty is five years from the day on which the decision on imposition of anti-dumping duty comes into force, unless it is extended as prescribed in the law.

Two conditions for applying anti-dumping duties are the imports being dumped in Vietnam and the dumping margin must be determined and the dumping causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing. Rules for applying anti-dumping duties include: (1) Anti-dumping duty may only be applied to a reasonable extent to prevent or minimize damage to domestic manufacturing; (2) The anti-dumping duties shall be applied after an investigation is carried out and conform to the investigation conclusion as prescribed by law; (3) Anti-dumping duty shall be imposed upon dumped imports in Vietnam; (4) The application of anti-dumping duties must not cause damage to domestic socio-economic interest.

If Client needs any more information or request for legal advice 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 Anti-dumping law firm in Vietnam have always followed the development of situation and update the clients on relevant matters.

 

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