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On November 25, 2024, the Canada Border Services Agency (CBSA) announced the initiation of an anti-circumvention investigation on semi-trailers imported from Vietnam.
The investigation, conducted under the Special Import Measures Act (SIMA), is based on allegations of circumvention of duties imposed on Chinese-origin semi-trailers under the Canadian International Trade Tribunal’s (CITT) decision from February 18, 2022 (Investigation No. NQ-2021-005). This decision established anti-dumping (AD) and countervailing duties (CVD) on semi-trailers imported from China. The investigation period spans from October 1, 2020, to September 30, 2024.
The original AD and CVD investigation against China, initiated by CBSA in 2021, led to duties being imposed in 2022. The affected products are primarily classified under HS code 8716.39 but may also fall under HS codes 8706.00, 8716.40, 8716.80, and 8716.90. Current duties on Chinese-origin semi-trailers are set at 126.4% (AD) and 12,370 RMB per unit (CVD).
In this case, the petitioner, Max-Atlas International Inc. (also the petitioner in the original case against China), alleges that trade remedy measures are being circumvented by assembling and completing the semi-trailers in Vietnam. It claims that the production processes in Vietnam are minimal, with most components and parts (accounting for the majority of production costs) originating from China.
Under SIMA regulations, CBSA must issue its final determination within 180 days of initiating the investigation, with a tentative conclusion date of May 23, 2025. However, if the investigation is extended, the final determination may be delayed by up to 240 days.
This marks Canada’s first anti-circumvention investigation involving Vietnamese exports.
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.
View the initiation notice and information request for Vietnamese producers/exporters here.
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.
