Vietnam to Investigate Anti-Dumping Case of Sorbitol Chemical Products from China, India and Indonesia

  On August 18^th, 2020, Trade Remedies Authority of Vietnam (TRAV) acknowledged the Dossier on request of investigation to impose the anti-dumping measures to Sorbitol chemical products originated from China, India and Indonesia from the companies representing the domestic industry (Requester).  If there is anti-dumping actions, the anti-dumping investigation will be initiated and related parties would cooperate with TRAV to provide data as required.

On the basis of assessing the Dossier, on September 30^th, 2020, TRAV had confirmed the sufficiency of the dossiers according the the laws on trade remedy.

Within 45 days from the date of receiving sufficient and lawful dossier, TRAV will assess dossier to submit Minister of Ministry of Industry and Trade for consideration whether to process the investigation.

The assessment’s contents includes:

-Identify the legal representative status of the domestic industry of organizations and individuals who submit dossier in accordance with the Law on Foreign Trade Management;

-Define evidence on the dumping of imported goods that cause or threaten to cause significant losses to a domestic manufacturing industry or substantially prevent the formation of a domestic manufacturing industry.

In order to serve the assessment process, as well as to ensure the legitimate rights and interests of the enterprise, TRAV recommends that the domestic enterprises manufacturing trading in the same goods mentioned above provide the following information.

• Enterprise’s information;
• Capacity/design and production of Sorbitol chemical products in 2017, 2018, 2019 and 2020;
• Enterprise’s opinion on the case (to agree, oppose, have no opinion);
• Any document/evidence which companies consider to be related to the case

The due date to provide the above information is before 5p.m October 16^th, 2020.

Our competition, anti-dumping, and countervailing duty lawyers of international trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up trade remedy development to update clients on regular basis.

Receipt of Application for Anti-dumping Measures on Welding Materials From China, Thailand and Malaysia

 

 On January 21^th, 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 01^st, 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.

Our international trade and competition lawyers at Company of law will always follow the development from authorities to provide update to our clients.

Questionnaire in Anti-dumping Measures on Welding Materials From China, Thailand and Malaysia (AD15)

 

 On March 18^th, 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 (Product under investigation) (code AD15).

In AD15 case, Trade Remedies Authority of Vietnam (Investigating Authority) has sent questionnaire on quality and value to all foreign manufacturing/exporting enterprises which Investigating Authority knows in order for them to answer investigating questionnaire. The deadline for answering the questionnaire is before 5pm of April 19^th 2021 (Hanoi time).

Content of this Questionnaire includes:

• General information: Company details; Legal representative
• Product under investigation: Scope of the investigation; Description of product under investigation
• Information of quantity and value: Production and business activities of company in regard to product under investigation; Affiliate companies; Production capacity and total volume of product under investigation of the company and its affiliates during the POI period; Total sales volume and total value of sales revenue from the Company's product under investigation during the investigation period; Net sales of the Company, excluding taxes and discounts
• Other information.

Regarding domestic producers and importing enterprises, the Investigating Authority has issued the investigating questionnaire in order to collect information, figures for this case. The deadline for answering the questionnaire is before 5pm of May 07^th 2021 (Hanoi time).

Content of the Questionnaire for domestic producers includes:

• General information of company: Company; Individuals and organizations that control the activities of the Company; Legal representative; Operational links with other companies or persons in production - business activities; Other product; Accounting/financial practices
• Domestically produced like product: Description; Product Control Number PCN; Company Control Number CCN; Technical description and production process of the like product
• Production, purchases and stocks: Production and production capacity; Purchases of the like product or product under investigation; Stocks of finished product;
• Sales: Total sales of the product under investigation produced by company; Resales; Internal use
• Distribution system and selling prices: Distribution system and channels of sale; Price setting for the like product
• Transaction by transaction listing: Sales transactions in Vietnam during POI; Explanation of the apportionment of costs to transactions; Credit notes
• Cost of production: Cost accounting system; Production process; Cost of production; Different levels of purity; Suppliers of direct materials
• Profitability: Profitability of the like product during investigation period; Profitability of the overall company; Profit in the absence of injurious dumping ; Cash flow for the like product; Investments; Ability to raise capital; Return on investment (ROI) and assets (ROA)
• Employment and wages: Employment; Labor cost
• Other questions

Content of the Questionnaire for importing enterprises includes:

• General information of company: Company; Individuals and organizations that control the activities of the Company; Legal representative; Operational links with other companies or persons in production - business activities; Other product; Accounting/financial practices
• Imported product under investigation: Description; Details of the imported product; Product comparison
• Production, purchases and stocks: General information of sales; Purchase of product under investigation; Product under investigation originated from China and/or Thailand and/or Malaysia; Stocks
• Sales: Introduction
• Profitability: Profitability; Price setting
• Other questions

Our international trade and competition lawyers at Company of law will always follow the development from authorities to provide update to our clients.

Extension of Submission Duration of the Questionnaire in Investigation on the Anti-dumping Case AD15

 

 On April 02^nd, 2021, Trade Remedies Authority of Vietnam - Ministry of Industry and Trade (Investigation Body) has issued the investigation questionnaire for the interested parties in AD15. Accordingly, the deadline for receiving the full answer is 5pm of May 7^th 2021.

Investigation Body has received some requests for extending duration of answering the questionnaire for the interested parties in AD15.

In order to facilitate for the interested parties to fully cooperate, pursuant to Article 35.2 of Decree 10/2018/ND-CP on January 15^th, 2018 of Government on detailed regulations of some provisions of Law on foreign trade management of trade remedies, the Investigation Body extends the duration of receiving the answer for the interested parties in AD15 to 5pm on June 05^th, 2021. The response will be considered properly received when the Investigation Body receives full hard copies and soft copies before this deadline.

Trade Remedies Authority of Vietnam propose the interested parties implement other requirements according to the instructions in the questionnaire issued on April 08^th 2021.

Our international trade and competition lawyers at  Law firm in Vietnam will always follow the development from authorities to provide update to our clients.