Vietnam to Review Application of Anti-Dumping Measures to Plastic and Polymer

On July 20th, 2020 the Ministry of Foreign and Trade issued Decision No.1900/QD-BCT on applying the official anti-dumping measure to some plastic products and products from plastic made of polymer from propylene originated from the Republic People’s of China, Kingdom of Thailand, and Malaysia (Case No.AR01, AD07).

 

On September 24th, 2021, the Ministry of Foreign and Trade issued Decision No.2201/QD-BCT on the first review of the application of anti-dumping measures to Plastic and Polymer.

The reviewed products

The plastic products and products from plastic made of polymer from propylene having the thickness is from 10 microns to 80 microns and the width is from 115mm to 7800mm. These products are holding HS Code 3920.20.10 and 3920.20.91. The current anti-dumping tax for these products is from 9,05% to 23,71% dependent on the exporter.

The scope of the review

To review the anti-dumping duties applied to:

Group of Kunlene companies, including Suzhou Kunlene Film Industries Co., Ltd. and Yunnan Kunlene Film Industries Co., Ltd.; and

Group of Kinwin companies, including Kinwin Plastic Industrial Co., Ltd.; Zhejiang Kinlead Innovative Materials Co., Ltd., and Ultra Fast Development Limited.

The period of review

The Investigating Authority will collect the data related to the review from October 01st, 2020 to September 30th, 2021.

The time limit for the review

According to the regulations on Law on Foreign Trade Management, the time limit for the review of products subject to the anti-dumping measure is 06 months from the day on which the decision on review is issued, with a possible extension up to 03 months if necessary.

The parties need to register as related parties to ensure their rights in this 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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Regulation On Imposing Anti-Dumping Duty under Vietnam Laws

Imposition of anti-dumping measure includes imposition of provisional anti-dumping duty and official anti-dumping duty. According to Law on export and import duties 2016, anti-dumping duty means an additional import duty imposed upon dumped imports in Vietnam that cause or threaten to cause considerable damage to domestic manufacturing or prevent the formation of domestic manufacturing.

 

Anti-dumping Law firm in Vietnam 

The imposition of provisional anti-dumping duty is decided by the Minister of Industry and Trade according to the preliminary determination provided by the investigating authority. The rate of provisional anti-dumping duty shall not exceed the dumping margin defined in the preliminary determination. The maximum duration of imposition of provisional anti-dumping duty is 120 days from the days on which the decision on imposition of anti-dumping duty comes into force. In case of the request of an exporter of like products exported to Vietnam, the Minister of Industry and Trade may give an extension of provisional anti-dumping duty up to 60 days. The provisional anti-dumping duty shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade. The amount of anti-dumping duty paid under decision on imposition provisional anti-dumping duty issued by the Minister of Industry and Trade that is in excess of the payable amount after the official decision of Minister of Industry and Trade shall be refunded to the taxpayer.

The imposition official anti-dumping duty is decided by the Minister of Industry and Trade according to the final determination provided by the investigating authority. The rate of anti-dumping duty shall not exceed the dumping margin defined in the final determination. The maximum duration of anti-dumping duty is five years from the day on which the decision on imposition of anti-dumping duty comes into force, unless it is extended as prescribed in the law.

Two conditions for applying anti-dumping duties are the imports being dumped in Vietnam and the dumping margin must be determined and the dumping causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing. Rules for applying anti-dumping duties include: (1) Anti-dumping duty may only be applied to a reasonable extent to prevent or minimize damage to domestic manufacturing; (2) The anti-dumping duties shall be applied after an investigation is carried out and conform to the investigation conclusion as prescribed by law; (3) Anti-dumping duty shall be imposed upon dumped imports in Vietnam; (4) The application of anti-dumping duties must not cause damage to domestic socio-economic interest.

We are a law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529

 

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Regulation On Imposing Anti-Dumping Duty under Vietnam Laws

Imposition of anti-dumping measure includes imposition of provisional anti-dumping duty and official anti-dumping duty. According to Law on export and import duties 2016, anti-dumping duty means an additional import duty imposed upon dumped imports in Vietnam that cause or threaten to cause considerable damage to domestic manufacturing or prevent the formation of domestic manufacturing.

Anti-dumping Law firm in Vietnam 

The imposition of provisional anti-dumping duty is decided by the Minister of Industry and Trade according to the preliminary determination provided by the investigating authority. The rate of provisional anti-dumping duty shall not exceed the dumping margin defined in the preliminary determination. The maximum duration of imposition of provisional anti-dumping duty is 120 days from the days on which the decision on imposition of anti-dumping duty comes into force. In case of the request of an exporter of like products exported to Vietnam, the Minister of Industry and Trade may give an extension of provisional anti-dumping duty up to 60 days. The provisional anti-dumping duty shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade. The amount of anti-dumping duty paid under decision on imposition provisional anti-dumping duty issued by the Minister of Industry and Trade that is in excess of the payable amount after the official decision of Minister of Industry and Trade shall be refunded to the taxpayer.

The imposition official anti-dumping duty is decided by the Minister of Industry and Trade according to the final determination provided by the investigating authority. The rate of anti-dumping duty shall not exceed the dumping margin defined in the final determination. The maximum duration of anti-dumping duty is five years from the day on which the decision on imposition of anti-dumping duty comes into force, unless it is extended as prescribed in the law.

Two conditions for applying anti-dumping duties are the imports being dumped in Vietnam and the dumping margin must be determined and the dumping causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing. Rules for applying anti-dumping duties include: (1) Anti-dumping duty may only be applied to a reasonable extent to prevent or minimize damage to domestic manufacturing; (2) The anti-dumping duties shall be applied after an investigation is carried out and conform to the investigation conclusion as prescribed by law; (3) Anti-dumping duty shall be imposed upon dumped imports in Vietnam; (4) The application of anti-dumping duties must not cause damage to domestic socio-economic interest.

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Questionnaire on Anti-Dumping Investigation on Some Monosodium Gluamate Products Case AD09

Pursuant to Decision No. 3267/QD-BCT dated on November 15^th, 2019 of the Minister of Industry and Trade on investigating to impost anti-dumping measures on some monosodium gluamate (MSG) products originating from the People’s Republic of China and theRepublic of Indonesia (code no.AD09), the Department of Trade Remedies issued an anti-dumping investigation questionnaire to foreign manufacturers/exporters.

Anti-dumping Lawyers in Vietnam 

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; information and documents collected by the Investigating Authority or available information and documents for drawing a conclusion.

The relevant parties must respond to the Investigating Authority before 17:00 December 23^rd, 2019 (Hanoi time).

To ensure its rights and interests, the relevant parties who want to extend the time limitation of response are suggested registration of extension before November 30^th, 2019 (Hanoi time). If the manufacturers/exporters registers after the deadline, it is possible that the Investigating Authority shall not appove their registration. For registration of relevant parties, organizations and individuals register according to the form of relevant party registration form issued in Appendix 1 attached to Circular 06/2018/TT-BCT and send it to the Investigating Authority via post office or email.

International Trade legal department of ANT Lawyers, a law firm in Vietnam would help client in anti-dumping cases response and following up in Vietnam with the Ministry of Trade and Commerce

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Vietnam to Investigate Anti- dumping Measures on Some Monosodium Glutamate (MSG)

On October 31^st, 2019 Ministry of Industry and Trade issued the Decision no. 3267/QD-BCT on carrying out investigation anti- dumping measures on some monosodium glutamate (MSG) HS code no. 2922.42.20 originating from the People’s Republic of China and Republic of Indonesia.

Anti-dumping Law Firm in Vietnam

The case has been initiated based on request by representative of domestic manufacturing industry on August 19^th, 2019. The requesting party and supporting party are three companies representing domestic manufacturing industry, including: Vedan Vietnam Joint Stock Limited Company, Ajinomoto Vietnam, and Miwon Vietnam Limited Company. Products under investigation are Monosodium Glutamate products (MSG Products).

After having the investigation decision, within 15 days, investigating agency shall send the questionnaire to the relevant parties. The relevant parties shall submit written response to all questions in the questionnaire within 30 days from the date of receiving the investigation questionnaires. The date of receiving the investigation questionnaires shall be set at seventh days after the investigation questionnaires are sent by investigating authority.

Investigating agency has issued official dispatch no. 760/PVTM-P1 on September 04^th, 2019 which requires requesting party to supplement, adjust to clarify contents, methods and basis of determining dumping margins amplitude and damages of domestic manufacturing industry.

The relevant parties shall register participation in investigation within 30 days from the date of issuance of Decision No.3267/QD-BCT. The Vietnam Ministry of Industry and Trade recommends that all organizations and individuals who are manufacturer of products under investigation should register as a relevant party and provide necessary information to the Ministry of Industry and Trade to ensure their rights and interests in accordance with the law of Vietnam.

As international tradelaw firm in Vietnam with experience in representing companies in anti-dumping investigation cases, ANT Lawyers always follows up the development of anti-dumping investigations and provide clients with recent update.

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Possible Anti-dumping Investigation on Biaxial Oriented Polypropylene (BOPP) Film Products

According to Trade Remedies Authority of Vietnam (Ministry of Industry and Trade), they received the dossier on the request of investigation of applying the use anti-dumping measures on BOPP made in China, Thailand and Malaysia from 2 companies are Hung Nghiep Formosa Co.,Ltd and Youl Chon Vina plastic Joint stock company.

On June 12th, 2019, the requesting party submitted information and request, and on June 26th, 2019, the investigation authority confirmed that the dossier is valid and acceptable.

During 45 days from the day confirmation of the full and valid of the dossier; investigation organization will evaluate the dossier then submit Minister of Ministry of Industry and Trade to check and decide to investigate or not.

In case there is a basis, evidence that the dumping behavior of the product mentioned above, the investigation authority will conduct an investigation to determine the dumping margin, the investigation period is determined to be 12 months, in special cases, the investigation authority may determine another investigation period but not less than 06 months. The period of investigation is at least 03 years and includes the entire investigation period to determine dumping behavior, so the investigation period for BOPP products during this period is 2016, 2017 and 2018.

After an investigation decision is made, the investigation authority will send the questionnaire to the related parties within 15 days. During 30 days from the date of receiving the questionnaire to the related parties. The related parties must answer fully to the questionnaire in writing and return it to the Investigation Department.

After obtaining the answers from the related parties, the Investigating Department will check, consider whether to apply anti-dumping measures on BOPP products.

ANT Lawyers, which is a law firm in Vietnam, specialize in anti-dumping and international trade.

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