ASL LAW analysis of Vietnam sorbitol sunset review process

Vietnam announces the receipt of sunset review applications concerning Sorbitol products from India, Indonesia, and China

On November 23, 2021, the Ministry of Industry and Trade issued Decision No. 2644/QD-BCT imposing official anti-dumping (AD) duties on certain Sorbitol products originating from India, Indonesia, and China. These measures are effective for 5 years and are expected to expire on November 23, 2026 (case code AD14).

Announcement on the receipt of sunset review applications

Pursuant to Clause 1, Article 52 of Decree No. 86/2025/ND-CP dated April 11, 2025 (detailing several provisions of the Law on Foreign Trade Management regarding trade remedy measures), the Trade Remedies Authority (TRA) officially announced the receipt of applications for the sunset review of anti-dumping measures applied to Sorbitol imported from India, Indonesia, and China.

According to regulations, the sunset review must be conducted no later than 15 months before the expiry of the measures. The scope of the review, provided under Clause 2, Article 82 of the Law on Foreign Trade Management and Clauses 3 and 4, Article 52 of Decree No. 86, is to assess whether the termination of the measures would likely lead to the continuation or recurrence of dumping and cause injury to the domestic industry.

Provisions on dossiers and responsibilities of enterprises

If domestic producers fail to submit applications on time, or if the applications are incomplete or invalid under the law, the Minister of Industry and Trade may decide not to extend the anti-dumping measures, pursuant to Points a and b, Clause 7, Article 62 of Decree No. 86. This means that after November 23, 2026, Sorbitol imports from the three countries would no longer be subject to AD duties unless a valid review request is filed.

Deadline for submission of applications

According to Clause 2, Article 52 of Decree No. 86, applicants have 30 days from the date of this announcement by the investigating authority to submit their review requests. The final deadline for the TRA to receive applications is September 17, 2025.

Recommendations for enterprises

To safeguard their rights and interests, the TRA recommends:
• Domestic producers should proactively prepare and submit sunset review applications with complete and valid information and data.
• Importers and exporters concerned should closely monitor the case developments, as the review results could directly impact import costs and business strategies.
• Industry associations should consolidate data and opinions from their members to coordinate and provide supporting information for the investigation process.

The receipt of sunset review applications marks a mandatory procedural step to ensure transparency, objectivity, and compliance with the law in the implementation of trade remedy measures. It also provides an opportunity for enterprises in the industry to voice their positions, contributing to shaping the final decision on the future of AD duties on Sorbitol in the upcoming period.

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