Tiếng Việt
中文 (中国)
The Komite Anti Dumping Indonesia (KADI) has issued a notice to initiate the review of the application of the second end-of-term anti-dumping measure for BOPP film products originating from Thailand and Vietnam on March 29th, 2023.
The 2nd end-of-term review investigation (sunset review) on the application of anti-dumping measures on BOPP products was carried out based on a request from PT. Trias Sentosa Tbk and PT. Argha Karya Prima Industry Tbk.
According to the applications of these two companies, imports from countries proven to be dumping BOPP film products are continuing to cause damage to Indonesia’s domestic industry. Imports from countries proven to be dumping will definitely increase if the application of anti-dumping duties is stopped, causing greater damage to domestic businesses of Indonesia in particular and the Indonesian economy in general.
The information regarding the case includes:
– HS codes of products under investigation: 3920.20.10, 3920.20.91 and 3920.20.99
– Dumping investigation period: from January 1, 2022 to December 31, 2022.
– Damage investigation period: from January 1, 2019 to December 31, 2022.
On September 2, 2015, KADI initiated an investigation to apply anti-dumping measures to BOPP film products originating from Vietnam and Thailand. The final conclusion was issued on August 8, 2016 with the anti-dumping duty applied to BOPP films from Thailand ranging from 0% to 28.4% and from Vietnam is 3.9%.
On December 12, 2017, KADI initiated the first end-of-term review of the case and issued an end-of-term conclusion on December 10, 2018 on the continued imposition of anti-dumping duties on BOPP films from Thailand and Vietnam at the same duty rate for another 5 years (expected to expire on April 18, 2024).
According to statistics from the Badan Pusat Statistik (BPS), China, Vietnam and Thailand are the 3 largest exporters of BOPP films to this country, the proportion is 52.2%; 17.6% and 12.7% respectively of total imports to Indonesia. Details of BOPP film imports to Indonesia are detailed in the Table below for the period from 2019 to 2022:
| Exporting Country/Year | 2019 | 2020 | 2021 | 2022 |
| China | 25.862 | 30.261 | 33.496 | 32.454 |
| Vietnam | 10.303 | 6.327 | 9.466 | 10.920 |
| Thailand | 1.241 | 1.216 | 6.382 | 7.882 |
| Malaysia | 7.547 | 3.648 | 7.901 | 4.807 |
| Taiwan | 497 | 328 | 903 | 1.800 |
| Japan | 1.114 | 804 | 724 | 902 |
| Philippines | 0 | 0 | 42 | 423 |
| Australia | 107 | 187 | 143 | 164 |
| Other countries | 3.917 | 3.803 | 3.764 | 2.801 |
| Total import volume (Ton) | 50.588 | 46.574 | 62.821 | 62.152 |
Measures to be taken when subject to the second end-of-term review of anti-dumping duty on BOPP film products to Indonesia
After issuing the notice of initiation to review the application of the second end-of-term anti-dumping measure for BOPP film products originating from Thailand and Vietnam, KADI will send an investigation questionnaire to relevant parties, including Vietnamese manufacturers and exporters of the goods under investigation.
However, it is possible that KADI’s information will not include all related businesses, so businesses that are not on the list who wish to participate in the case need to send an early request to KADI to receive an investigation questionnaire as well as other information no later than 14 days from the date KADI issues the notice of initiation of the review.
The deadline for submitting the questionnaire answer is May 8, 2023. Depending on the actual situation, KADI may issue a decision to extend this time limit or keep it unchanged. Thereby, in order to ensure their legitimate interests, manufacturing enterprises that export products subject to investigation and application of anti-dumping duty need to actively comply and cooperate with the investigation agency of Indonesia.
One of the recommended measures is to contact a reputable law firm on anti-dumping and trade remedies in Vietnam and the Vietnam Trade Remedies Administration to receive timely and necessary legal support to respond to the Indonesian review.
The Initiation Notice 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.
