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On April 9, 2025, the Canada Border Services Agency (CBSA) released its preliminary determination in the trade remedy duty circumvention investigation concerning semi-trailers imported from Vietnam. According to the CBSA, there is no evidence that trade remedy duties imposed on China are being circumvented through imports from Vietnam.
The investigation was initiated by the CBSA on November 25, 2024, following allegations by Max-Atlas International Inc. regarding potential circumvention of trade remedy measures.
Previously, in early 2022, Canada imposed anti-dumping duties of 126.4% and countervailing duties of CNY 12,370 per unit on semi-trailers originating from China. The product under investigation from Vietnam is primarily classified under HS code 8716.39, but may also fall under other codes such as 8706.00, 8716.40, 8716.80, and 8716.90.
In its Statement of Essential Facts (SEF), the CBSA noted a significant shift in trade flows: imports from China sharply declined from 49% to 1%, while imports from Vietnam rose from 0% (in 2021–2022) to 34% (in 2023).
However, the investigating authority found that the share of components originating from China in the cost of production in Vietnam was insignificant. Moreover, the production process in Vietnam involved substantial infrastructure investment and costs, qualifying as a genuine manufacturing operation.
Based on these findings, the CBSA concluded preliminarily that the semi-trailers produced in Vietnam are not merely subject to minor alterations but are genuinely manufactured through a full production process in Vietnam. Therefore, there is no basis to determine that goods from Vietnam are circumventing the trade remedy measures applied to Chinese products.
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.
