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On November 13, 2024, the U.S. Department of Commerce (DOC) initiated antidumping (AD) and countervailing duty (CVD) investigations on hard gelatin capsules imported from Brazil, China, India, and Vietnam (Case Numbers: A-552-847 and C-552-848).
The subject merchandise includes specific types of hard gelatin capsules (HS codes: 9602.00.1040 and 9602.00.5010). The investigation was initiated at the request of Lonza Greenwood LLC. The U.S. has launched both AD and CVD investigations against all four countries.
According to the petition, two Vietnamese enterprises are accused of dumping and receiving subsidies. In 2023, the total import value of the product from Vietnam was approximately $26 million, compared to $49 million from China, $67 million from India, and $4 million from Brazil. Data from the U.S. International Trade Commission (ITC) shows that imports from Vietnam accounted for about 12% of the total volume of the investigated products imported into the U.S.
- AD Investigation Period: April 2024 – September 2024
- CVD Investigation Period: 2023
- Injury Investigation Period: January 2021 – June 2024
- Alleged Dumping Margin for Vietnam: 63.53% to 86.04%
As the U.S. considers Vietnam a non-market economy, the DOC will use surrogate values from a third-country, typically Indonesia, to calculate dumping margins for Vietnam. Interested parties have 30 days to comment on the selection of the surrogate country before the DOC issues its preliminary determination.
Based on the petitioner’s allegations and after reviewing the petition, the DOC initiated investigations into 27 subsidy programs provided by the Vietnamese government. These programs fall under seven groups believed to benefit Vietnamese producers and exporters of hard gelatin capsules, causing or threatening to cause material injury to the U.S. hard gelatin capsule industry.
Moving forward, the DOC will issue Quantity and Value (Q&V) questionnaires for both AD and CVD cases to collect information for the selection of mandatory respondents. Companies that do not receive the questionnaire must proactively contact the DOC to register as interested parties.
For the AD investigation, companies not selected as mandatory respondents should file separate rate applications to seek individual dumping margins. After identifying mandatory respondents, the DOC will issue detailed questionnaires to those respondents. In the CVD investigation, the DOC will also issue a questionnaire to the Vietnamese government. The usual response deadline is 30 days from the date of the initial questionnaire, with an option to request an extension.
To protect their legitimate interests, related manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnamese law firms specializing in anti-dumping and trade remedy for timely assistance.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Anti-dumping & countervailing. If you need any advice, please contact us for further information or collaboration.
