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
