Notice of Decision on Anti-dumping Measures for Some MSG products

On April 6^th,  2022, the Ministry of Industry and Trade issued Decision No. 640/QD-BCT on the results of the first review of the application of anti-dumping measures on some MSG products from the Republic of Indonesia and People’s Republic of China (Case No. AR01.AD09).

 

        Notice of Decision on Anti-dumping Measures for Some MSG products

Name of product: MSG products (also known as MSG, Monosodium Glutamate, MSG, Monosodium glutamate, Monosodium L-glutamate, Sodium glutamate, Sodium salt of glutamic acid).  MSG products holds HS code: 2922.42.20

Main of usage: Use in food processing and cooking: MSG is directly used by consumers in food processing; Used as raw materials to produce other condiment products such as powder/granule seasoning, soup powder; Used as raw materials to produce ready-to-eat food products.

The Anti-dumping level ranges from 3.445.645 VND/ton to 6.385.289 VND/ton depending on origins from Indonesia or China.

However, the Ministry of Industry and Trade may amend and supplement the list of HS codes of goods subject to anti-dumping tax to match the description of the investigated goods and other changes (if any).

Anti-dumpling Tax would be applied from April 11^th, 2022.

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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Notice of Receipt Application for Exemption from Trade Remedies in March 2022

On March 14^th, 2022, Trade Remedies Authority has issued Notification No. 06/TB-PVTM of receipt of application for exemption from trade remedies in March 2022 (Case No. SG04, SG06, AC10.SG04).

On March 03^rd, 2020, the Ministry of Industry and Trade issued Decision No.715/QD-BCT extending the application of safeguard measures against imported DAP/MAP fertilizers holding the HS code: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

On March 20^th, 2020, the Ministry of Industry and Trade issued Decision No. 918/QD-BCT on extending the application of safeguard measures to imported billet and long steel products holding the HS code: 7207.11.00; 7207.19.00; 7207.20.29; 7207.20.99; 7224.90.00; 7213.10.10; 7213.10.90; 7213.91.20; 7214.20.31; 7214.20.41; 7227.90.00; 7228.30.10; 9811.00.00.

On March 20^th, 2020, the Ministry of Industry and Trade issued Decision No. 920/QD-BCT on the extension of the application of measures to prevent evasion of trade remedies against imported coil and wire products holdings the HS code: 7213.91.90; 7217.10.10; 7217.10.29; 7229.90.99; 9839.10.00.

In order to submit the application for exemption for exemption from trade remedies, the Trade Remedies Authority requires enterprises that meet the conditions to be exempted to submit a dossier of application for exemption from application of trade remedies in the mentioned cases to provide all documents specified in Article 14 and Appendix 03 of the Circular No. 37/2019/TT-BCT.

The relevant parties must submit the application for exemption via online public service portal or send directly to Trade Remedies Authority before 17:00 April 13^th, 2022 (Hanoi time).

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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Notice of Receipt Application for Exemption from Anti-dumping and Anti-subsidy Measures in Mar 2022

On November 29^th, 2019, the Ministry of Industry and Trade provided guidance on a number of extent on trade remedy measures under Circular No. 37/2019/TT-BCT for which Trade Remedies Authority requires enterprises that meet the conditions to be exempted to submit a dossier of application for exemption from anti-dumping and anti-subsidy measures for the specific cases.

 

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Regarding the dossiers of application for exemption from anti-dumping and anti-subsidy measures, the Trade Remedies Authority requires enterprises to provide all documents specified in Article 14 and Appendix 03 of the Circular No. 37/2019/TT-BCT.

In addition, for enterprises that have been granted an exemption for 2022 and are about to use up the granted exemption volume, enterprises can submit an additional application for exemption according to the provisions of Clause 4, Article 16 of Circular 37/ 2019/TT-BCT at any time in 2022.

The relevant parties must submit the application for exemption via online public service portal before 17:00 April 11^th, 2022 (Hanoi time).

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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Investigation Questionnaire for Foreign Manufacturers and Exporters

Investigation Questionnaire for Foreign Manufacturers and Exporters in Case of the Final Review (Code of case ER01.AD03).

 Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Ministry of Industry and Trade issued the Decision No.2301/QD-BCT on the final review of the application of anti-dumping measures to a number of H-shaped steel products originating from People’s Republic of China (China) imported into Vietnam (Code of case ER01.AD03).

On October 29^th, 2021, Department of Trade Remedies issued Official Letter No.839 /PVTM-P1 on the issuance of the Investigation Questionnaire for foreign manufacturers and exporters in the case ER01.AD03.

The Investigating Authority requires all relevant foreign manufacturers/exporters to cooperate and participate sufficiently during the investigation. The content of the response will be the basis for the Investigating Authority to review and draw a conclusion of the investigation of this case. In the event that the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority, including conducting on-site investigations abroad according to the regulation of Law on Foreign trade management.

The relevant parties must respond to the Investigation Authority directly to Investigation Authority before 17:00 December 05^th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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Trade Remedies for Polyester Long Fiber Products

How to Request Exemption from Application of Trade Remedies for Polyester Long Fiber Products (AD10)?

 

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On October 13^th, 2021, the Minister of Industry and Trade issued Decision No.2302/QD-BCT on applying the official anti-dumping measures on long fiber products made from polyester originating from the People’s Republic of China, the Republic of India, the Republic of Indonesia (Case No. AD10).

On October 19^th, 2021 the Trade Remedies Authority of Vietnam issued Announcement No. 23/TB-PVTM on receiving application for exemption from application of trade remedies for a number of polyester long fiber products (Case No. AD10).

The Investigation Agency requires the relevant parties that meet the conditions for exemption to consider submitting an application for exemption from anti-dumping measures including the documents specified in Clause 1, Clause 2, Article 14 of Circular 37/2019/TT-BCT dated February 29, 2019 of Ministry of Industry and Trade (Circular 37/2019/TT-BCT) and Appendix 3 issued together Circular No. 37/2019/TT-BCT.

The relevant parties submit their application for exemption to the Trade Remedies Department before 5:00 p.m. on November 18, 2021 (Hanoi time).

The information provided in the application must be accurate. After submitting the application, the concerned parties pay attention to the processing of the application. In case of necessity, the investigating authority may organize working with related parties, including verification at production and business facilities of relevant organizations and individuals to clarify the contents of the dossier.

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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Investigating and Applying Measures to Prevent the Evasion of Trade Remedies on Cane Sugar Products

On September 21^st, 2021, the Minister of Industry and Trade issued Decision No. 2171/QD-BCT on investigating and applying measures to prevent the evasion of trade remedies on some cane sugar products originating from Thailand through Laos, Cambodia, Malaysia, Indonesia and Myanmar (code of case: AC02.AD13-AS01).

 

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For the purpose of the investigation, the Trade Remedies Authority of Vietnam (Investigating Authority) issued Official Dispatch No. 821/PVTM-P1 on the issuance of the Questionnaire for foreign producers and exporters.

The Response to the Questionnaire shall include the general information and the sale data of the foreign manufacturers and exporters. The content of the Response shall be one of the important grounds for Investigating Authority to conclude the case.

The Investigating Authority requests all the relevant parties to cooperate by filling and sending the Response of the Questionnaire before 15:00 December 01^st, 2021 (Hanoi time). The way to answer the Questionnaire, the amount of the Response, the form and the deadline for submitting the Response are detailed in the Questionnaire.

The information, data provided during the responding process and the right to access the information of the case during the investigation shall be implemented in accordance with the regulations on confidentiality of information.

To ensure its rights and interests, the relevant parties need to answer and submit the Questionnaire on time. In case the Investigation Authority does not receive the Response on time or the information provided is incorrect or incomplete as requested, the Investigating Authority shall apply the provisions on the non-cooperation of related parties in a trade remedy case.

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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Investigating and Applying Measures to Prevent the Evasion of Trade Remedies on Cane Sugar Products

On September 21^st, 2021, the Minister of Industry and Trade issued Decision No. 2171/QD-BCT on investigating and applying measures to prevent the evasion of trade remedies on some cane sugar products originating from Thailand through Laos, Cambodia, Malaysia, Indonesia and Myanmar (code of case: AC02.AD13-AS01).

 

Anti-dumping Law Firm in Vietnam

For the purpose of the investigation, the Trade Remedies Authority of Vietnam (Investigating Authority) issued Official Dispatch No. 821/PVTM-P1 on the issuance of the Questionnaire for foreign producers and exporters.

The Response to the Questionnaire shall include the general information and the sale data of the foreign manufacturers and exporters. The content of the Response shall be one of the important grounds for Investigating Authority to conclude the case.

The Investigating Authority requests all the relevant parties to cooperate by filling and sending the Response of the Questionnaire before 15:00 December 01^st, 2021 (Hanoi time). The way to answer the Questionnaire, the amount of the Response, the form and the deadline for submitting the Response are detailed in the Questionnaire.

The information, data provided during the responding process and the right to access the information of the case during the investigation shall be implemented in accordance with the regulations on confidentiality of information.

To ensure its rights and interests, the relevant parties need to answer and submit the Questionnaire on time. In case the Investigation Authority does not receive the Response on time or the information provided is incorrect or incomplete as requested, the Investigating Authority shall apply the provisions on the non-cooperation of related parties in a trade remedy case.

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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Questionnaire for Anti-dumping Investigation on Table and Chair Products From the China and Malaysia

MOIT Issues the Questionnaire for Anti-dumping Investigation on Table and Chair Products From the China and Malaysia (Code of case AD16).

 

Anti-dumping Law Firm in Vietnam

On September 01^st, 2021, the Ministry of Industry and Trade (MOIT) issued the Decision No.2091/QDD-BCT on investigating to anti-dumping measures on some table and chair products origination from the People’s Republic of China and Malaysia (Code of case AD16). The Department of Trade Remedies issued an anti-dumping investigation questionnaire on quantity and value for foreign manufacturers/exporters.

Regarding the proposal to extend the time for submitting the questionnaires, the Investigating Authority agreed to extend the time to respond to the questionnaires for the relevant parties. The content of the response will be the same with the following instructions in Official Letter No.683/PVTM-P2 dated September 16, 2021. After the extension period, the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority or available information and documents for giving the result according to the regulation of Law on Foreign trade management.

The relevant parties must respond to the Investigation Authority before 17:00 November 08^th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

To ensure its rights and interests, the relevant parties need to answer and submit the Questionnaire on time.

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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Final Review for the Safeguard Measure for DAP and MAP Imported Fertilizers (SG06)

The MOIT Receives the Dossier on Final Review for the Safeguard Measure for DAP and MAP Imported Fertilizers (SG06).

 

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On March 03th, 2020, the Ministry of Industry and Trade issued the Decision No.715/QD-BCT on extending the application of safeguard measure to DAP/MAP imported fertilizers holding the HS code: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00. The extension period for application of safeguard measures is 30 months from March 7^th, 2020 to September 6^th, 2022 (if not extended).

According to the Article 69.1 Decree No.10/2018/ND-CP on guidelines for the law on foreign trade management on trade remedies, at least 09 months before the decision on imposition of safeguard measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of safeguard measures. Within 30 days since the announcement of the investigating authority, organizations and individuals may submit the dossier for final review of imposition of safeguard measures.

The Trade Remedies Authority in Vietnam required the domestic producers of like or directly competitive products that wish to extent the duration of the safeguard measure shall submit an application for the extension of the safeguard measure.

The dossier including an application for the extension of the safeguard measure shall obtain the evidence, showing that the domestic industry has made necessary adjustments to raise its competitive capability, and the withdrawal of the safeguard measure will cause the serious injury or threat of serious injury to the domestic industry.

Deadline for submitting the dossier on requiring final review is before 5:00 P.M on October November 09^th, 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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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Trade Re­­­medies for Polyester Long Fiber Products

How to Request Exemption from Application of Trade Remedies for Polyester Long Fiber Products (AD10)?

 

Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Minister of Ind­ustry and Trade issued Decision No.2302/QD-BCT on on applying the official anti-dumping measures on long fiber products made from polyester originating from the People’s Republic of China, the Republic of India, the Republic of Indonesia (Case No. AD10).

On October 19^th, 2021 the Trade Remedies Authority of Vietnam issued Announcement No. 23/TB-PVTM on receiving application for exemption from application of trade remedies for a number of polyester long fiber products (Case No. AD10).

The Investigation Agency requires the relevant parties that meet the conditions for exemption to consider submitting an application for exemption from anti-dumping measures including the documents specified in Clause 1, Clause 2, Article 14 of Circular 37/2019/TT-BCT dated February 29, 2019 of Ministry of Industry and Trade (Circular 37/2019/TT-BCT) and Appendix 3 issued together Circular No. 37/2019/TT-BCT.

The relevant parties submit their application for exemption to the Trade Remedies Department before 5:00 p.m. on November 18, 2021 (Hanoi time).

The information provided in the application must be accurate. After submitting the application, the concerned parties pay attention to the processing of the application. In case of necessity, the investigating authority may organize working with related parties, including verification at production and business facilities of relevant organizations and individuals to clarify the contents of the dossier.

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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Investigation against Evasion of Trade Remedies for a Cane Sugar Products from Thailand

On June 15^th, 2021, the Ministry of Industry and Trade issued the Decision No. 1578/QD-BCT on imposition of official anti-dumping and countervailing duties on cane sugar products imported from kingdom of Thailand (Case No.AD13-AS01). However, on August 25^th, 2021 the Ministry of Industry and Trade received the dossier on requesting investigation against evasion of trade remedies of 06 domestic sugarcane industries.

 

According to the Decision No.1578/QD-BCT, the goods on which the official anti-dumping and countervailing duties are imposed bear the following HS codes: 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91. The official anti-dumping duty rate is 42.99% and the official countervailing duty rate is 4.65% will be applied for 05 years since June 16^th, 2021.

Until now, the exporting turnover of the products above of other countries in ASEAN (without Thailand) increases in value. The Ministry of Industry and Trade works with The Vietnam Sugarcane Association monitors the import situation and actively consults and supports the Vietnam Sugar Association as well as the domestic sugarcane industries in collecting information, data, and building request dossiers on requesting investigation against circumvention of trade remedies with cane sugar products to ensure compliance with the provisions of Vietnam’s trade remedy law.

Acts of evading trade remedies are often complex in nature, involving many matters, legal regulations and international commitments. The countries also have different regulations on this issue. In some cases, even though goods fully meet the rules of origin, they can still be considered circumvention.

According to the regulation of Article 81.1 Decree No.01/2018/ND-CP on guidelines for the law on foreign trade management on trade remedies, the Ministry of Industry and Trade confirmed that the dossier is valid. Within 45 days after the receipt of the valid dossier, the Minister of Industry and Trade shall consider the investigation based on the results of examination of dossiers of the investigating authority.

The investigation for prevention of evasion of trade remedies includes the following contents (i) Determination of actions aiming to evade trade remedies; (ii) The change of trade flows from the originating or exporting countries after the effective date of the decision on application of trade remedies and this change is the cause of such evasion; (iii) Damage to the domestic industry or the reduced effectiveness of the effective trade remedies.

The time limit for investigation of evasion of trade remedies shall not exceed 06 months since the issuance of the investigation decision.

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.

Parties could consult with international trade dispute lawyers in Vietnam for assistance in responding to Vietnam authorities.

 

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Anti-dumping Measures for H-shaped Steel Products From Malaysia Remain in Place

On August 18th, 2021, the Ministry of Industry and Trade issued the Decision No. 1975/QD-BCT on the application of official anti-dumping tax on some H-shaped steel products originating from Malaysia (“Decision No. 1975/QD-BCT”). Accordingly, the anti-dumping measures against a number of H-shaped steel products originating from Malaysia continue to be maintained under Decision No. 1162/QD-BCT dated April 02nd, 2021 of the Minister of Industry and Trade.

 

Anti-dumping Law Firm in Vietnam

The Ministry of Industry and Trade started investigating the case on August 24^th, 2020, the investigation process was carried out in accordance with the laws. On the basis of information collected from related parties, the Ministry of Industry and Trade has carefully considered and assessed the level of dumping of H-shaped steel products imported from Malaysia, the damages to the domestic industry as well as to assess the socio-economic impacts, including impacts on downstream industries and consumers.

According to Decision No. 1975/QD-BCT, the anti-dumping tax rate for some H-shaped steel products originating from Malaysia, holding HS codes: 7216.33.11, 7216.33.19, 7216.33.90, 7228.70.10 and 7228.70.90 is 10.64%. This tax rate is lower than the tax rate applied to H-shaped steel imported from China (about 22% on average) and also much lower than the proposed tax rate of the domestic manufacturing industry (16.30%). This anti-dumping tax is effective from August 21^st, 2021 and has an application term of 05 years, the term above could be changed or extended in accordance with the laws.

In order to have a basis for determining the origin of imported goods subject to anti-dumping tax, the Customs authority will check the proofs of origin of goods, including:

(i) Certificate of Origin (C/O); or

(ii) Documents certifying the origin of goods in accordance with the provisions of:

-ASEAN Trade in Goods Agreement;

-Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);

-Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA);

-Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland.

The above information is the regulation on application of official anti-dumping tax on some H-shaped steel products originating from Malaysia, organizations and individuals producing and exporting the above goods from Malaysia and relevant organizations and individuals need to know and implement according to the laws.

ANT Lawyers, a law firm in Vietnam always follow the legal developments to update client.  Our international trade dispute lawyers in Vietnam  and consultants represent client in international trade disputes including anti-dumping cases at Vietnam authorities.

 

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