Receiving the Exemption Dossier of Imposing Anti-Dumping Measure in AD07 Case

On August 25, 2020, Trade Remedies Authority of Vietnam (TRAV) – Ministry of Industry and Trade issued the notification on receiving exemption dossier of imposing anti-dumping measure to some plastic products and products from plastic made of polyme from propylen originated from republic People's ofChina, Kingdom of Thailand and Malaysia.

The products which subjected to impose anti-dumping measure with the following HS code: 3920.20.10, 3920.20.91.

According to Article 10 Circular 37/2019/TT-BCT, Minister of Ministry on Industry and Trade consider to exempt the imposing of temporary anti-dumping measure, official anti-dumping measure to some imported products which imposed trade remedies in the following cases:

1. Goods cannot be domestically produced;

2. The good has characteristics which are different from and cannot be substituted by the domestically produced products;

3. The goods are special products of the like or directly competitive products produced by domestic industry;

4. There are no sale of the like or directly competitive products produced by the domestic industry in the ordinary course of trade in the domestic market;

5. The like or directly competitive products produced by the domestic industry are not enough to satisfy the needs of the domestic market;

6. The imports within the total quantities of imports requesting for exclusion prescribed in above 5 cases are intended for serving research and development purposes as well as other non-commercial purposes.

Requesting exemption dossiers must be submitted online or at TRAV office before 5p.m on September 24^th, 2020.

Lawyers at ANT Lawyers, anti-dumping and countervailing duties practice, and international trade disputes always follow up with Vietnam government agencies on developments to update clients on related matters.

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Ministry of Industry and Trade initiates the Investigation of Imposing Anti-dumping Measure to some H shaped steel products (AD12)

On August 24^th 2020, Minister of Ministry of Industry and Trade signed the Decision No. 2251/QD-BCT regarding the Investigation of imposing Anti-dumping measure to some H shapedsteel products from Malaysia. Related parties may by themselves or authorize to experienced law firm in Vietnam on international trade to work with Trade Remedies Authority of Vietnam (TRAV) to cooperate.

Background

On November 06, 2020, Trade Remedies of authority of Vietnam (TRAV), Ministry of Industry and Trade received the dossiers on requesting the anti-dumping measure to some H shaped steel products from Malaysia. The requester is Posco Yamato Vina Steel Joint stock Company – the sole company which produced H shaped steel in Vietnam.

The requester provided the reasonable bases for calculation of dumping margin originated from Malaysia. The requester provided the reasonable information to prove the significant damage of domestic industry. The requester’s dossier proved the existence of causal relationship between imported products and the significant damage of domestic industry.

Hence, TRAV determined dossier of the requester satisfied the law of anti-dumping and petition of Minister of Ministry of Industry and Trade.

Investigation’s details

i) Products under investigation

Product’s name: H shaped steel

The H shaped steel product with the following HS code: 7216.33.11, 7216.33.19, 7216.33.90, 7228.70.10 and 7228.70.90

The products which are excluded from investigation scope includes:

The H shaped steel with the height more than 700 mm (± 4mm) or the width more than 300 mm (± 3mm);

H steel beam with the size of 100mm x 55mm or 120mm x 64mm (the description size is height x width).

The Ministry of Industry and Trade may amend and supplement the list of HS codes of the product under investigation to be in accordance with the description of the product under investigation and other changes (if any).

ii) Originated of products under investigation: Malaysia

iii) Period of investigation (POI)

-Period of investigation to determine the anti-dumping action: from April 1^st 2019 to March 31^st 2020

-Period of investigation to determine the damage of domestic industry:

The first year: from April 1^st 2017 to March 31^st 2018

The second year: from April 1^st 2018 to March 31^st 2019

The third year: from April 1st 2019 to March 31st 2020

iv) Duty Levels Proposed by Requester:

The anti-dumping duty which is requested by the requester is 10,2%.

Register as related parties:

Pursuant to Article 6 of Circular No. 37/2019/TT-BCT, organizations and individuals stipulated in Article 74 of Law on foreign trade management may register as related parties in this case with TRAV in order to access to publicly circulated information during the investigation process, send comments, information and evidence related to the investigation content within sixty (60) working days from the day on which the decision on investigation takes effect via post or email.

In order to ensure rights and interests, the investigating authority recommend that organizations and individuals which produce, import or use products under investigation register as related parties to carry out the right to access information, provide information and express opinions during the investigation process.

Investigation Questionnaire:

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the Investigating Authority shall send the investigation questionnaire to the Related Parties, including:

-The applicant requests for application of Anti-dumping measures;

-Other domestic manufacturers which Investigating Authority knows;

-Parties requesting for application investigation of anti-dumping measures which Investigating Authority knows;

-Importers of products under investigation;

-Diplomatic authorities of the country where the origin of products under investigation;

-Other related

Cooperating in the investigation process

Any related party refuses to participate in the case or does not provide necessary evidences or significantly ​obstructs the completion of the investigation, the investigation conclusion regarding such relevant party shall be based on available information.

Any related party provides false or misleading evidences, such evidences shall not be reviewed and investigation conclusion regarding such relevant party shall be based on available information.

TRAV recommends that related party participate and cooperate fully in the process in order to ensure legitimate rights and interests and avoid potential disputes.

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TRAV Receiving Review Application of Products of Chinese and Korean origins (case No. AD04)

TRAV Receiving Review Application of Anti-Dumping Measures for flat-rolledalloy/non-alloy steel products, varnish painted or scanned or coated withplastics or other covers from China and Korea (AD04).

On August 20^th, 2020, Trade Remedies Authority of Vietnam (TRAV) – Ministry of Industry and Trade notified on receiving the dossier for reviewing flat-rolled alloy/non-alloy steel products, varnish painted or scanned or coated with plastics or other covers from China and Korea imported into Vietnam.

Specifically, on November 24^th 2019, Minister of Industry and Trade issued the Decision 3198/QĐ-BCT on imposing the official decision to some of the flat-rolled alloy/non-alloy steel products, varnish painted or scanned or coated with plastics or other covers from China and Korea.

According to Article 82.1.a Law on foreign management 2017: “After 1 year from the day on which the decision on imposition of anti-dumping measures is issued, the Minister of Industry and Trade may decide to review anti-dumping measures at the request of one or multiple interested parties and evidence provided by them.”

Regarding the right to submit request dossiers regulated in Article 58.1 Decree 10/2018/NĐ-CP: “Within 60 days before the end of one year from the date of issuance of the decision on the imposition of official anti-dumping measures and countervailing measures or the latest decision on the results of the review of anti-dumping measures, countervailing measures, the concerned parties as prescribed in Article 59 hereof may submit the dossiers for review, except for cases where the submission deadline is less than 09 months before the time limit for the Minister of Industry and Trade to decide whether to carry out the final review of anti-dumping or countervailing measures”.

Accordingly, the scope of review request of the interested parties regulated in Article 74  includes but not limited to the following contents:

-The product scope subject to anti-dumping measures;

-The anti-dumping margin imposing to some specific foreign enterprises;

-The damage of domestic industry.

After finishing the reviewing period, based on the investigating result, TRAV will propose Minister of Industry and Trade one of the following options:

-Continue to impose the anti-dumping measure in accordance with the current law; and/or

-Adjust the anti-dumping measure in accordance with the reviewing result; or

-Bring the anti-dumping measure to an end.

The performing of the procedures related to the reviewing period will not affect to the effective anti-dumping measures imposed currently.

The reviewing dossiers must be filed sufficiently and timely to TRAV before 5 p.m on October 24^th 2020 (Hanoi time)

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Vietnam Authority Received Request to Investigate Anti-Dumping Case of H-shaped Steel Product from Malaysia

On April 29^th, 2020, Trade Remedies Authority of Vietnam (TRAV) acknowledged the Dossier on request of investigation to impose the anti-dumpingmeasures to H-shaped steel product originated from Malaysia from the companies representing the domestic industry (Requester).

On July 10^th, 2020, TRAV had confirmed the sufficiency of the dossiers according the the laws on trade remedies.

Within 45 days from the date of receiving sufficient and lawful dossier, TRAV will assess dossier to submit Minister of Ministry of Industry and Trade for consideration whether to process the investigation.

The assessment’s contents includes:

-Identify the legal representative status of the domestic industry of organizations and individuals who submit dossier in accordance with the Law on Foreign Trade Management;

-Define evidence on the dumping of imported goods that cause or threaten to cause significant losses to a domestic manufacturing industry or substantially prevent the formation of a domestic manufacturing industry.

In order to serve the assessment process, as well as to ensure the legitimate rights and interests of the enterprise, TRAV recommends that the domestic enterprises manufacturing / trading in the same goods mentioned above provide the following information:

-Enterprise’s information;

-Manufacturing production of H-shaped steel product;

-Enterprise’s opinion on the case (to agree, oppose, have no opinion);

-Any document/evidence which company considers to be related to the case

The due date to provide the above information is before 5p.m August 3^rd, 2020.

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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