ANTI-DUMPING & COUNTERVAILING

ASL LAW’s team of international trade regulations do provide clients services of advising on or resolving legal issues regarding impact of regulations on anti-dumping and countervailing.

WHAT ARE OUR OBJECTIVES?

Our anti-dumping advice service shall help clients solve commercial obstacles during their market access. In addition, ASL LAW also advise clients on import and export-related difficulties that result from government intervention and market regulations worldwide.

WHAT ARE OUR OBJECTIVES FOR ANTI-DUMPING IN VIETNAM?

We focus on:

  • Minimizing the AD duty imposed on the Client’s exports of the product under investigation to Vietnam.
  • By assisting the Client in the completion of the AD questionnaire and the on-site verification.

WHAT CAN ASL LAW DO?

Our team members have represented exporting producers, importers, users, consumer organisations and governments in various anti-dumping proceedings. In addition to the representation of clients in Vietnam anti-dumping proceedings, we have also represented exporting producers in anti-dumping investigations initiated by the US, EU. We regularly advise clients on the preparation of market economy treatment claims and anti-dumping questionnaire replies and perform dumping and injury margin simulations.

Anti-Dumping In Vietnam - Countervailing In Vietnam
Anti-Dumping In Vietnam – Countervailing In Vietnam (Image: Asia Law Network)

WHAT CAN ASL LAW DO FOR ANTI-DUMPING IN VIETNAM

ASL LAW shall provide the following list of works in this proceeding:

i) Responding to Anti-Dumping Questionnaire: This is a very important and heavy part of the work. The questionnaire covers all information about the Client such as management, ownership structure, production process, accounting records, domestic sales, export sales to Vietnam and other countries during the period of investigation. It takes much time and efforts to dig deep into the Client’s internal production, sales and accounting system to figure out the information needed. ASL LAW will advise on the overall strategy in responding to the AD questionnaire as well as in collating the relevant documents to complete the AD questionnaire in accordance with Vietnamese AD law and procedures. Based on the Client’s draft questionnaire response(s), ASL LAW will review and/or revise the answers and data tables to ensure a favorable outcome for the Client. Information and evidence should be well and logically organized so as you are able to defend your interest before the TRAV.

ii) Calculation of dumping margin for the Client: After completing the questionnaire, it is necessary to calculate prospected dumping margin of the Client. It is for reviewing what have been done with the questionnaire as well as for debating with the results calculated by the TRAV. This is to prevent the TRAV from using incompliant methodology of margin calculation to inflate the dumping margin of the Client. This is also a key step for us to prepare and complete Rebuttal Response to the investigating authority on results of their calculation (both in preliminary disclosure and final disclosure).

iii) Preparation of legal and rebuttal responses: To strongly support the questionnaire, ASL LAW shall prepare legal responses which contain legal and practical arguments from your company to defend your interests.  Responses are made at any time necessary during the whole proceeding to rebut petitioners’ claims as well as defend the Client’s interests before the TRAV .

iv) Assisting the Client in on-spot verification by the Vietnamese investigating authority (TRAV). In the case that TRAV conducts on-spot verification visit(s) to the Client’s facilities to verify information, data and evidence, ASL LAW will support your company before and during the visit of the TRAV with preparation, explanation and clarification of information, evidence examined and required by the TRAV.

v) Participating and Defending your company’s interests in the Public Hearing in Vietnam: ASL LAW will prepare and deliver necessary arguments to defend the Client’s interest on behalf of the Client. ASL LAW will attend the hearing at TRAV’s office and other meetings with any parties as required.

vi) Translation of questionnaire, legal and rebuttal responses and all other due documents: The AD investigation is conducted in Vietnam, therefore, all necessary documents from questionnaire to legal responses, due documents such as ledger, invoices, financial statement have to be submitted in Vietnamese. ASL LAW will translate all the necessary documents from English to Vietnamese and vice versa during the length of the proceeding.

vii) Submission on Injury: ASL LAW will analyze the Anti-Dumping petition; conduct all relevant research on the law, government policies and market intelligence.

***Other service of ASL LAW – full service Vietnam law firm ***

 

Retainer service to enterprises International trademark registration
Oversea investment consultancy for Vietnamese enterprises Patent in Vietnam
Notes to company formation in Vietnam M&a
How to open company in Vietnam Banking & financial services
Open representative office in Vietnam Contract consultancy
Intellectual property services Employment and labor
Trademark in Vietnam Litigation and dispute resolution
Copyright in Vietnam Franchise in Vietnam

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