Extension of anti-dumping review of some galvanized steel products from Korea and China

Extension of anti-dumping review of some galvanized steel products from Korea and China

Recently, the Ministry of Industry and Trade announced an extension of the deadline for final review of the application of anti-dumping measures to a number of galvanized steel products originating from Korea and China.

Accordingly, on June 4, 2021, the Ministry of Industry and Trade issued Decision No. 1524/QD-BCT on the final review of the application of anti-dumping measures to a number of galvanized steel products originating from Vietnam. Korea and China (Case: ER01.AD02).

According to the provisions of Clause 2, Article 82 of the Law on Foreign Trade Management, the time limit for the final review of the application of anti-dumping measures shall not exceed 9 months from the date of issuance of the review decision (ie March 4, 2022), in case of necessity can extend once but not more than 3 months.

Accordingly, the deadline for the end-of-term review of the case is June 4, 2022.

However, the Ministry of Industry and Trade has made a decision based on the facts of the case. The ministry also ensures that the investigation is conducted in a comprehensive and objective manner. The Ministry of Industry and Trade has issued Decision No. 225/QD-BCT on extending the time limit for reviewing the application of anti-dumping measures for a number of galvanized steel products originating from Korea and China. The extension period is 3 months for the Ministry to consider and clarify arising issues.

While Vietnamese enterprises have all affirmed that the anti-dumping investigation is a completely appropriate measure to protect Vietnam’s galvanized steel industry, Korean and Chinese enterprises believe that the import of steel plating does not cause or threaten to cause significant damage to the domestic industry.

Investigate the dumping behavior of steel imported into Vietnam

The recent massive influx of imported steel into Vietnam has caused heavy damage to the domestic steel industry, causing domestic steel production enterprises to struggle and even face the risk of bankruptcy. If the application of temporary self-imposed measures is delayed, it will cause serious damage to the domestic steel industry and be difficult to overcome. Therefore, the issuance of decisions to apply safeguard measures to imported steel is a solution to limit the unfavorable situation for the domestic steel industry, in the context of a sudden increase in imported steel.

Before the signs of dumping behavior of galvanized steel from China (including Hong Kong) and South Korea, the import into Vietnam has negatively affected and caused damage to the domestic manufacturing industry. The Competition Administration Department is recommended to consider applying anti-dumping measures at the final decision. The work includes reviewing the records and data of businesses under investigation. It helps to ensure an accurate calculation of the margin of dumping (according to the representative of the domestic producer, the preliminary anti-dumping position is low). In addition, the Department has considered applying anti-dumping duties effective for a period of 90 days prior to the date of the preliminary imposition of duties.

The investigation process has fully met the required conditions under the provisions of the WTO Anti-Dumping Agreement, the Law on Foreign Trade Management and related regulations to apply anti-dumping measures, specifically: The survey results show that there are 3 factors:

(i) Dumping behavior of foreign manufacturing and exporting enterprises;

(ii) There is a threat of material injury to the domestic industry, and

(iii) Dumping is the main cause leading to the threat of material injury to the domestic industry.

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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