On March 22, 2024, the Canada Border Services Agency (CBSA) announced that it would conduct reviews of anti-dumping and countervailing duties on upholstered domestic seating products originating from Vietnam and China.
The CBSA has initiated a normal value review to establish normal values, export prices, and the amount of subsidies applicable to upholstered domestic seatings (UDS) originating from China and Vietnam, exported to the United States through Wayfair LLC.
This review follows the re-determination requirements by an importer and is part of the CBSA’s enforcement of the ruling of the Canadian International Trade Tribunal (CITT) issued on September 2, 2021, in inquiry NQ-2021-002 (details of the original case outcome can be found at: https://www.cbsa-asfc.gc.ca/sima-lmsi/mif-mev/uds-eng.html), concerning the dumping and subsidizing of UDS products originating from or exported from China and Vietnam, under the Special Import Measures Act (SIMA).
The product definition and applicable duty classification numbers for the goods (goods subject to the inquiry) under the CITT inquiry have been issued by the CBSA. If exporters decide to participate in this review, they must provide full and accurate responses to the CBSA’s dumping and subsidy requests by 5:00 pm on April 29, 2024 (Eastern Time – North America).
The responses to the questionnaire will be the basis for the CBSA to review (i) the normal value, export price as the basis for adjusting anti-dumping duties and (ii) subsidy margin as the basis for adjusting countervailing duties applicable to each company.
In case of non-cooperation, the CBSA may use available facts to make related decisions, which typically will be unfavorable to companies under investigation. To safeguard their interests, Vietnamese companies involved in the case should contact a reputable law firm specializing in anti-dumping and trade remedy promptly for timely assistance.
In this case, as both anti-dumping and countervailing investigations are conducted simultaneously on upholstered domestic seating products, both the Vietnamese Government and relevant Vietnamese companies need to respond to the CBSA’s Inquiry Questionnaire (companies need to respond to both the Anti-Dumping Questionnaire and the Subsidy Questionnaire).
Download related documents 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.