Trade remedies
measures, including anti-dumping measures, anti-subsidy measures and trade
defense, are applied when conditions are satisfied that the act of damaging or
threatening harm to the domestic production.
However, the Ministry of Industry and Commerce has also issued
separate regulations for some goods exempted from the application of trade
remedies. The circular No. 06/2018/TT-BCT providing detailed regulations on
trade remedies as effective on June 15th, 2018 regulating the exemption for the application of
trade remedies.
The Minister of
Industry and Trade shall consider and decide on the exemption for goods in the
following cases:
The imports have
characteristics which are different from and not substituted by the like or
directly competitive products produced by domestic industry;
The imports are
special products of the like or directly competitive products produced by
domestic industry;
There are no
sales of the like or directly competitive products produced by the domestic
industry in the ordinary course of trade in the domestic market;
The volume of
the like or directly competitive products produced by the domestic industry is
not enough satisfy the needs of the domestic market.
The duration of
exemption for the trade remedies is calculated as follows: From the date of the
decision on the application of a provisional or official remedy or the outcome
of the decision on the results of the review of trade remedies effective until the
end of December 31 of the year issuing the decision; The exemption period is
one year from January 1 to December 31 of the following year or the exemption
period from the date of receipt of valid dossiers to December 31 of the year
when the exemption decision is issued.
Goods are
exempted for the application of trade remedies measures, organizations and
individuals are entitled to a refund of trade remedies tax paid on imported
goods within the exemption period of the exemption decision. However, if the goods
violate conditions such as misuse of goods; Commits fraudulent acts in the
application for exemption; Failing to comply with the conditions and
obligations in the exemption decision and the exemption conditions are no
longer available, the organization or individual shall be subject to the
revocation of the exemption decision which has been issued and at the same time
shall have to pay tax according to provisions of law.
Exemption from
trade remedies is a form of incentive in import and export activities, but this
preference must be within certain limits and should not affect domestic
production, domestic company.
As international
trade law firm, we at ANT Lawyers always monitor changes in law and provide
clients with recent update.
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