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The U.S. Department of Commerce (DOC) has issued its final determination in the anti-dumping and countervailing duty investigation on graphite materials used as anodes in lithium-ion batteries, officially establishing an extremely high-intensity trade remedy barrier for this product group.
Compared with the preliminary phase, duty levels have increased significantly. Countervailing duties have been adjusted to approximately 66.82%–66.86%, while anti-dumping duties remain very high, reaching up to 93.5% for certain companies and potentially 102.72% at the nationwide level. The simultaneous application of both measures demonstrates the United States’ assertive approach to controlling imports of strategic products.
These trade remedy measures are not limited to individual duties but are applied in conjunction with other tariff mechanisms. Combined, the effective total duty may exceed 200%, creating a substantial trade barrier that nearly eliminates the competitiveness of imported products in the U.S. market.
The scope of the decision is particularly broad, covering all DOC-defined anode graphite materials, including natural graphite, synthetic graphite, coated and uncoated products, and blended materials used in lithium-ion batteries. This reflects a trend toward expanding the investigation and application of measures, targeting not just a single product but the entire related supply chain.
It is important to note that DOC’s conclusion is not the final step. The case is still pending a damage assessment by the U.S. International Trade Commission (ITC). If the ITC confirms material injury to the domestic industry, the anti-dumping and countervailing duties will remain in place for an extended period, at least five years. This means that the trade barrier will be stable and long-term, directly affecting market structure.
This development illustrates the increasing use of trade remedy instruments by the United States in high-tech sectors, particularly the battery and clean energy industries—sectors that play a strategic role in the global energy transition.
Indirect Impacts and Early Warning for Vietnamese Enterprises
Although Vietnam is not directly targeted in this investigation, it remains significantly affected due to shifts in global supply chains. Vietnam’s battery, electronics, and renewable energy material industries are developing rapidly, with growing integration into international markets, including the United States.
In the context of the U.S. applying extremely high and broad trade remedy duties, the risk of investigations expanding to other countries is real. Enterprises involved in supply chains using inputs or technologies related to countries under duty measures should exercise extreme caution.
On the other hand, restrictions on supply from the affected markets may create opportunities for Vietnamese enterprises to increase market share. However, such opportunities are viable only if companies meet strict requirements on origin, supply chain transparency, and full compliance with international trade regulations.
Given that trade remedy measures are increasingly used as key policy tools, Vietnamese enterprises need to proactively develop long-term response strategies, including legal risk management, enhanced production capabilities, and export market diversification to ensure sustainable growth.
To protect their legitimate interests, manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnam Antidumping Law Firm 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.
