On September 21st 2020,
Minister of Ministry of Industry and Trade signed the Decision No. 2466/QD-BCT
regarding the Investigation of imposing
Anti-dumping and Countervailing measure to some sugar cane products from
Thailand. Related
parties may by themselves or authorize to experienced law
firm in Vietnam on
international trade to work with Trade Remedies Authority of Vietnam (TRAV) to
cooperate and response.
1.Background
On August 08, 2020, Trade Remedies of authority of Vietnam (TRAV),
Ministry of Industry and Trade received the dossiers on requesting the
anti-dumping measure to some sugar cane from Thailand. The requester is 6
Companies representing for domestic industry being (i) Son La Sugar Joint Stock
Company; (ii) Son Duong Sugar and Sugarcane Joint Stock Company; (iii) KCP Viet
Nam Industries Limited; (iv) Can Tho sugar Joint stock Company; (v) The 333
Sugar Joint Stock Company; (vi) Soc Trang Sugar Corporation.
The requester provided the reasonable bases for calculation of
dumping margin and acts of countervailing originated from Thailand. The
requester provided the reasonable information to prove the significant damage
of domestic industry. The requester’s dossier proved the existence of causal
relationship between imported products and the significant damage of domestic
industry.
Hence, TRAV determined dossier of the requester satisfied the law
of anti-dumping, countervailing and petition of Minister of Ministry of
Industry and Trade.
2.Investigation’s details
i) Products under investigation
Product’s name: Sugar cane
Scientific name: Sacarose sugar (sucrose)
Common name: include but not limited to sanding sugar, sugar cane,
crystal sugar, raw sugar, white sugar, refined sugar.
Sugar cane products are classified under the following HS code:
1701.1300, 1701.1400, 1701.9910.
The Ministry of Industry and Trade may amend and supplement the
list of HS codes of the product under investigation to be in accordance with
the description of the product under investigation and other changes (if any).
ii) Originated of products under investigation: Thailand
iii) Period of investigation (POI)
-Period of investigation to determine the anti-dumping and
countervailing action: from July 1st 2019 to June 30th 2020
-Period of investigation to determine the damage of domestic
industry:
The first year: from July 1st 2017 to June 30th 2018
The second year: from July 1st 2017 to June 30th 2019
The third year: from July 1st 2017 to June 30th 2020
iv) Duty Levels Proposed by Requester:
The anti-dumping duty which is requested by the requester is
37,9%.
3.Register as related parties
Pursuant to Article 6 of Circular No. 37/2019/TT-BCT,
organizations and individuals stipulated in Article 74 of Law on foreign trade
management may register as related parties in this case with TRAV in order to
access to publicly circulated information during the investigation process,
send comments, information and evidence related to the investigation content
within sixty (60) working days from the day on which the decision on
investigation takes effect via post or email.
In order to ensure rights and interests, the investigating
authority recommend that organizations and individuals which produce, import or
use products under investigation register as related parties to carry out the
right to access information, provide information and express opinions during
the investigation process.
4.Investigation Questionnaire
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 Related Parties, including:
-The applicant requests for application of Anti-dumping and
Countervailing measures;
-Other domestic manufacturers which Investigating Authority knows;
- Parties requesting for application investigation
of anti-dumping and
countervailing measures which Investigating Authority knows;
-Importers of products under investigation;
-Diplomatic authorities of the country where the origin of
products under investigation;
-Other related
5.Cooperating in the investigation process
Any related party refuses to participate in the case or does not
provide necessary evidences or significantly obstructs the completion of the
investigation, the investigation conclusion regarding such relevant party shall
be based on available information.
Any related party provides false or misleading evidences, such
evidences shall not be reviewed and investigation conclusion regarding such
relevant party shall be based on available information.
TRAV recommends that related party participate and cooperate fully
in the process in order to ensure legitimate rights and interests and avoid
potential disputes.
