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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