On April 6 2020, Minister of Ministry of Trade and Industry
(MOIT) signed the Decision 1079/QD-BCT on investigating and applying anti-dumping measures to
some products made of polyester filament yarns originated from People’s Republic of China, Republic of India,
Republic of Indonesia and 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 to cooperate.
Who are Requesters of Anti-dumping Investigation in Vietnam?
The Requester is 03
(three) companies including (i) Vietnam Petrochemical and Fiber Joint Stock
Company (ii) Formosa Industries Corporation (iii) century synthetic fiber
corporation. In which, production of Requester and Supporter take 67,4% total
similar production produced domestically and there is no domestic producer
oppose the case.
What Imported Products under Anti-dumping Investigation in
Vietnam?
The products under
investigation of AD10 are some products made of polyester filament yarns with
following HS code: 5402.33.00, 5402.46.00 and 5402.47.00 originated from
People’s Republic of China (China), Republic of India (India), Republic of
Indonesia (Indonesia) and Malaysia.
What are Duty Levels Proposed by Requester?
|
Countries/territories of origin |
Proposed duty |
|
China |
17,0% |
|
India |
54,9% |
|
Indonesia |
60,6% |
|
Malaysia |
6,4% |
How to Determine Damage and Causal relationship in Anti-dumping
Case?
Products which are supposed to be dumped are the reasons leading to the significant damage of domestic industry:
-An excessive increase regarding the imported production of products originated from China, India, Indonesia and Malaysia.
-Signs of the price difference, the price of imported products are always considerably lower than the sale price of domestic industry.
-Decrease in profits and gross profit margin, production, coefficient of using capacity of domestic industry, whilst the market share of similar products from China, India, Indonesia and Malaysia is increasing.
The causal relationship:
The dossiers of Requester proved that there is a causal relationship between
dumping imported products and significant damage of domestic industry.
How to Register as Interested Parties in Anti-dumping Case?
According to Article 74
Law on foreign trade management, interested parties in the case include:
a) Overseas organizations and individuals that
produce and export products under consideration to Vietnam;
b) Importers of products under consideration;
c) Foreign associations whose majority of
members are organizations and individuals producing and exporting products under
consideration;
d) The Government and competent authorities of
the exporting country of product under consideration;
dd) Organizations and individuals that submit
the application for the trade remedies;
e) Domestic producers of like products;
g) Domestic associations whose majority of
members are producers of like products;
h) Other organizations and individuals that
obtain legal rights and interests related to the investigated cases or
facilitate the investigation or representative organizations of protection of
customer rights.
Accordingly,
organizations and individuals must register and be accepted by Investigating
Authority to become Interested Parties in case.
Organizations and individuals can register with Investigating
Authority as Interested Parties in case according to Application form for
registration as interested parties and send them to Investigating Authority at
the below address by the following methods: (i) Official dispatch and (ii)
email within 60 working days from the day on which the decision on
investigation takes effect (April 06th, 2020).
In order to ensure their
rights and interests, the investigating authority recommend that organizations
and individuals that produce, import or use the investigated goods register as
interested parties to exercise the right to access information, provide
information and express opinions during the investigation of the case.
What Investigation Questionnaire Refers To?
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
Interested Parties, including:
i).The applicant requests for application of
anti-dumping measures;
ii).Other domestic manufacturers which
Investigating Authority knows;
iii).Parties requesting for application
investigation of anti-dumping measures which Investigating Authority knows;
iv).Importers of goods under investigation;
v).Diplomatic authorities of the country where
the origin of goods under investigation;
vi).Other interested parties deemed necessary by
the Investigating Authority.
Within 30 days after
receiving the investigation question, Interested Parties must provide a written
answer to all questions in the questionnaire. In case of necessity or a written
request for extension with reasonable reasons from Interested Parties, the
Investigating Authority may extend the time limit but it must be not more than
30 days.
Please be informed that
the time limit for the anti-dumping measures imposition
investigation shall be within 12 months from the day on which the decision on
investigation is issued. In special case, Investigating Authority can determine
other time limit for investigation but it shall not be less than 6 months.
Our competition lawyers at ANT Lawyers - law
firm in Vietnam will always follow up with development from
authorities to provide update to clients on anti-dumping cases
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