On January 21th, 2021, Trade Remedies Authority of Vietnam
(Investigating Authority) received Dossier from a company which is the
representative of the domestic manufacturing (Requesting Party) requesting for the application of the anti-dumping
measures on some types of welding materials originating from People’s Republic
of China, Kingdom of Thailand and Malaysia.
On February 01st, 2021, Investigating Authority confirmed that
Dossier was complete, valid according to regulations of law on trade remedies.
Within 45 days of the receipt of a complete, valid Dossier, the Investigating
Authority shall examine the Dossier to submit to the Minister of Industry and
Trade for consideration for conducting an investigation. Contents of Dossier
examination include: (i) Determine qualification of the legal representative of
the domestic manufacturing of organization, individual that submitted the
Dossier according to regulation of Law on Foreign Trade Management; (ii)
Determine evidence on the dumping of imported goods that caused or threatened
to cause significant injury to a domestic manufacturing or significantly
prevent the formation of a domestic manufacturing.
On March 18th, 2021, Ministry of Industry and Trade issued
Decision no. 947/QD-BCT on conducting an investigation to apply anti-dumping
measure on some types of welding materials with HS code 7217.10.10; 7217.30.19;
7217.90.10; 7229.20.00; 7229.90.20; 7229.90.99; 8311.10.10; 8311.10.90;
8311.30.91; 8311.30.99; 8311.90.00 originating from People’s Republic of China
(China), Kingdom of Thailand (Thailand) and Malaysia (Goods under
investigation) (code AD15).
According to Vietnam laws, after initiating an investigation,
Ministry of Industry and Trade will send a Questionnaire to related parties to
collect information for the purpose of analyzing, assessing the accusations,
including: dumping activities of export enterprise of China, Thailand and
Malaysia; (ii) damages of the industry whose Vietnam products; (iii) causation
between dumping activities and damages of the industry whose domestic products.
If necessary, based on results of preliminary investigation,
Ministry of Industry and Trade can apply temporary anti-dumping measure in order to prevent
dumping activities which continue to cause material injury to domestic
industry.
Ministry of Industry and Trade will conduct examining, verifying
the information provided by related parties before finalizing official
investigation conclusion of this case. At the same time, Ministry of Industry
and Trade will also hold a public consultation in order for the related parties
to directly communicate, provide information, give opinions about this case
before making a final decision.
Ministry of Industry and Trade recommends that all
organizations, individuals who are exporting, importing, distributing,
conducting business, using goods under investigation should register as related
parties and should provide Ministry of Industry and Trade the necessary
information so that rights and interests are protected according to Vietnam
laws.
Ministry of Industry and Trade can impose the retroactive of the
anti-dumping duty on the imposed goods within 90 days before imposing temporary
anti-dumping duty. Therefore, Ministry of Industry recommends that all
organizations, individuals who are in the process of exporting, importing,
distributing, conducting business, using goods under investigation should pay
attention to the possibility of imposing temporary anti-dumping duty and the
retroactive of the anti-dumping duty.
Our international trade and competition lawyers in Vietnam at
ANT Lawyers will always follow the development from authorities to provide
update to our clients.
ANT Lawyers is a law firm in Vietnam located in the
business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient
access to our clients. Please contact our lawyers in Vietnam for advice via
email ant@antlawyers.vn or call our office at +84 28 730 86 529
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