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.
