Tiếng Việt
中文 (中国)
日本語
On April 8, 2025, the USA Department of Commerce (DOC) officially initiated an anti-dumping investigation concerning imports of polypropylene plastic containers from Vietnam.
Preliminary information regarding the case is as follows:
- Product under investigation: Polypropylene plastic containers, HS code 3923.10.9000
- Case number: A-552-850
- Petitioners: CoolSeal USA, Inteplast Group, and SeaCa Plastic Packaging & Technology Container
- Date of petition submission: March 17, 2025
- Initiation date: April 8, 2025
According to the petitioners’ data, based on USA Customs figures, in 2024, Vietnam exported over USD 6 million worth of the subject merchandise to the USA, accounting for approximately 19.4% of total USA imports of the product. In comparison, China exported nearly USD 13.4 million, representing around 43.3%. Combined, imports from Vietnam and China accounted for 62.7% of total USA imports of the investigated product.
The petitioners named seven Vietnamese companies allegedly involved in dumping. The DOC has issued the Quantity and Value (Q&V) Questionnaire with a deadline for response set on April 21, 2025.
Based on the responses, the DOC will select the two largest exporters to serve as mandatory respondents. Related exporters and producers are advised to promptly register an account on the IA ACCESS system (https://access.trade.gov/login.aspx) to stay updated and submit required documents in a timely manner.
In addition, companies seeking a separate rate must file a Separate Rate Application within 21 days from the initiation date to demonstrate their independence from government control, both de jure and de facto. The deadline for submitting comments on the scope of the investigation is April 28, 2025. Extension requests may be made but are subject to DOC approval.
The alleged preliminary dumping margin for Vietnam is 52.07%, which is higher than the petitioners’ proposed rate of 40.85%, but significantly lower than the margin for China (ranging from 74.98% to 83.64%).
As the USA treats Vietnam as a non-market economy, the DOC is expected to use Indonesia as the surrogate country to calculate normal value and cost, in accordance with the petitioners’ suggestion. Interested parties have 60 days to comment on the surrogate country before the DOC issues its preliminary determination.
- Period of Investigation (POI) for dumping: July 1, 2024 – December 31, 2024
- POI for injury: January 1, 2022 – December 31, 2024
The investigation process includes the following key steps:
- The USA International Trade Commission (ITC) has 45 days from the initiation date to issue a preliminary injury determination. If the ITC finds no injury, the case will be terminated.
- The DOC has 140 days from the initiation date to issue a preliminary determination on dumping. In urgent situations (e.g., a surge in imports following initiation), the DOC may impose provisional retroactive duties for up to 90 days prior to the preliminary determination.
- The DOC has an additional 75 days to issue the final determination on dumping.
- The ITC has 45 days from the date of the DOC’s final determination to issue its final injury determination.
- If both determinations are affirmative, the DOC will issue an Anti-Dumping Duty Order within the following 7 days.
(The aforementioned deadlines are subject to extension under applicable regulations.)
To protect their legitimate interests, 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.
