Tiếng Việt
中文 (中国)
On April 15, 2022, Decision No. 706/QD-BCT on the imposition of temporary anti-dumping duty on some welding consumable products originating from the People’s Republic of China, Kingdom of Thailand, and Malaysia (case number: AD15) was issued by the Ministry of Industry and Trade to stabilize the Vietnamese market. Accordingly, based on Circular 37, the Trade Remedies Department has issued a notice so that businesses involved in the case and meeting the required conditions can submit a dossier of requests for exemption from the application of temporary anti-dumping measures.
According to the details of the decision, the temporary anti-dumping duty rate applied to 03 countries of Malaysia, the Kingdom of Thailand, and the People’s Republic of China will be from 0% to 36, 56%.
The above decision was issued based on the provisions of the Law on Foreign Trade Management and related regulations as well as the Anti-Dumping Agreement of the World Trade Organization.
Goods subject to temporary anti-dumping duty include 308 drug-coated stainless steel welding rods with HS codes 8311.10.90, 8311.30.99, 8311.90.00, and non-cored solid steel welding wires with HS code 7217.10.10. 7217.30.19, 7229.2000, 7229.90.20, 7229.90.99, 8311.10.10, 8311.10.90, 8311.30.91, 8311.30.99, 8311.90.00.
According to the official conclusion of the Vietnam Ministry of Industry and Trade, during the investigation period, the amount of investigated goods imported from Malaysia, Thailand, and China increased both in absolute and relative to the total domestic consumption and production volume of the domestic manufacturing industry. This is the main reason that causes significant damage to the domestic manufacturing industry.
Consider processing the application for exemption from the application of temporary anti-dumping measures
Based on Article 10 of Circular No. 37/2019/TT-BCT dated November 29, 2019, of the Ministry of Industry and Trade detailing a number of contents on trade remedy measures, the Minister of Industry and Trade may consider exemption from the application of temporary trade remedies or official trade remedies for a number of imported goods subject to trade remedy measures in one of the following cases:
- Goods that cannot be produced domestically;
- Goods with distinctive characteristics from domestically produced goods that cannot be replaced by domestically produced goods;
- Goods that are special products of similar goods or directly competitive goods produced in the country;
- Domestically produced similar or directly competitive goods that may not be sold on the domestic market under the same normal conditions;
- Similar goods or goods of direct competition produced in the country that do not meet the quantity used in the country;
- Imported goods in the total quantity requested for exemption specified in Clauses 1 to 5 of Article 10 for research and development purposes and other non-commercial purposes.
Accordingly, businesses that meet the above conditions may consider submitting an application for an exemption from applying temporary anti-dumping measures (case AD15) for a number of welding consumable products originating from the People’s Republic of China, the Kingdom of Thailand, and Malaysia, including the documents specified in Article 14 and Appendix III of Circular 37/2019/TT-BCT.
Dossier of application for exemption from anti-dumping measures should be sent to the online public service portal of Vietnam or to the Vietnam Trade Remedies Department before 5:00 p.m. on June 20th 2022.
Instructions for submitting and tracking a trade remedy waiver application can be downloaded here.
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.
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