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On September 7, 2026, the Ministry of Industry and Trade (MOIT) issued Decision No. 2174/QD-BCT imposing official anti-dumping duties on certain ceramic and porcelain tiles originating from India. In this case, the client advised and supported by ASL LAW achieved a particularly positive outcome, with an official anti-dumping duty rate of only 5.55% – the lowest rate among all investigated companies and significantlya lower than that imposed on most other enterprises.
This outcome is not only legally significant but also provides the client with a direct and substantial competitive advantage in continuing to export and conduct business in the Vietnamese market.
A 5.55% Duty Rate – A Significant Difference in Competitiveness
According to Decision No. 2174/QD-BCT, the official anti-dumping duty rates applicable to the investigated goods from India range from 5.55% to 45.30%. The MOIT also confirmed that these rates were determined following an assessment of the dumping levels of the producers and exporters and the impact on the domestic manufacturing industry.
Among the sampled companies, the duty rates were determined at 22.27%, 5.55%, and 45.30%, respectively. Non-sampled cooperating companies are subject to a rate of 18.29%, while other producers and exporters are subject to a rate of 45.30%.
Accordingly, the 5.55% duty rate applicable to ASL LAW‘s client is the most favorable rate in the case, creating a substantial gap compared with the rates imposed on other groups of enterprises.
In a highly competitive market such as construction materials, differences of several tens of percentage points in anti-dumping duties can directly affect import prices, pricing strategies, profit margins, distribution networks, and the ability to expand market share. Therefore, the outcome achieved is not merely a favorable result in a legal proceeding, but also carries long-term commercial value for the client’s operations in Vietnam.
A Notable Case Under Vietnam’s New Trade Remedy Legal Framework
AD23 is also legally significant as one of the first anti-dumping cases to be conducted under Vietnam’s new trade remedy legal framework.
Decree No. 86/2025/ND-CP dated April 11, 2025 replaced the previous implementing framework and took effect on July 1, 2025. On the same date, Circular No. 26/2025/TT-BCT also came into effect, providing detailed regulations on certain aspects of trade remedy measures.
The AD23 case was officially initiated by the MOIT on August 18, 2025. Notably, the initiation decision expressly provided that the case would continue to be reviewed and handled in accordance with Decree No. 86/2025/ND-CP and Circular No. 26/2025/TT-BCT.
One of the key features of the new framework is its more specific regulations on the sampling of foreign producers and exporters and the methodology for determining dumping margins applicable to different groups of enterprises. Decree No. 86/2025/ND-CP distinguishes between sampled companies, non-sampled companies that voluntarily participate and cooperate, and other companies, while also providing corresponding methodologies for determining dumping margins.
This sampling mechanism was applied in practice in AD23 when the Trade Remedies Authority of Vietnam (TRAV) issued the Sampling Questionnaire for Foreign Producers/Exporters pursuant to Article 39 of Decree No. 86/2025/ND-CP.
This makes AD23 a practically significant case in the ongoing implementation of Vietnam’s new trade remedy legal framework.
ASL LAW’s Role in the Case
To achieve a favorable separate duty rate in an anti-dumping investigation, an enterprise must not only participate in the proceedings but also develop a comprehensive response strategy throughout the investigation, ensuring that its data and legal-economic arguments are consistent, substantiated, and verifiable.
In the AD23 case, Vietnam Antidumping Law Firm ASL LAW accompanied the client throughout its participation in the investigation, with the direct involvement of its trade remedy lawyers, including Lawyer Pham Duy Khuong, Lawyer Vu Tuan Anh, and Lawyer Doan Vu Hoai Nam.
The ASL LAW team assisted the client in addressing complex requirements arising during the investigation, coordinating the preparation of information, data, and documentation for the Investigating Authority, while developing and defending arguments designed to accurately reflect the client’s production, export, and transaction activities.
In particular, given that the case was conducted under the new trade remedy legal framework, correctly identifying from the outset the requirements concerning sampling, cooperation obligations, dumping margin determination methodologies, and evidentiary requirements was critical to the final outcome.
The official duty rate of 5.55% – the lowest rate in the entire case – represents an excellent outcome for the client and simultaneously demonstrates the effectiveness of the investigation strategy and the close coordination between the client and the ASL LAW team.
From Legal Outcome to Business Advantage
For Vietnam Antidumping Law Firm ASL LAW, the objective in a trade remedy case is not merely to complete the investigation procedures.
A favorable legal outcome should be translated into a tangible business advantage for the client.
With a 5.55% duty rate, while certain other enterprises are subject to duties of up to 45.30%, the client has secured a particularly favorable position to maintain and develop its business operations in the Vietnamese market during the period in which the anti-dumping measure remains in effect. According to the MOIT’s Decision, the official measure will remain in effect for five years from its effective date, unless extended, modified, or terminated pursuant to another decision.
The outcome of AD23 further demonstrates ASL LAW‘s capabilities in the field of Trade Remedies, particularly in representing and supporting foreign producers and exporters participating in anti-dumping proceedings in Vietnam.
To protect their legitimate interests, manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnam Antidumping Law Firm 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.
