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With the U.S. officially initiating anti-dumping (AD) and countervailing duty (CVD) investigations on solar panels from Vietnam and three other Southeast Asian countries, Vietnamese enterprises involved in the production and export of these products need to pay attention to several crucial dates affecting the trade defense investigation process.
- Case Numbers: A-552-841 (anti-dumping) and C-552-842 (countervailing duty).
- Investigated Products: Certain solar panel products under HS codes 8501.61.0000, 8507.20.80, 8541.42.0010, and 8541.43.0010.
- Petitioner: Coalition for American Solar Manufacturing.
- Accused Vietnamese Exporters: Approximately 50 Vietnamese exporters are accused of dumping and receiving subsidies.
- Investigation Period:
- Anti-dumping: October 1, 2023 – March 31, 2024;
- Countervailing: January 1 – December 31, 2023.
Dumping and Subsidy Allegations
- Alleged Dumping Margin: The highest alleged dumping margin for all SEA exports is 271.28% for Vietnam, compared to Cambodia (125.37%), Malaysia (81.22%), and Thailand (70.36%).
- Subsidy Programs: The petitioner has identified 31 subsidy programs allegedly provided by the Vietnamese government that give an unfair competitive advantage to Vietnamese enterprises.
- Non-market Economy: The U.S. Department of Commerce (DOC) considers Vietnam a non-market economy, hence it will use surrogate values from a third country, proposed as Indonesia, to calculate the dumping margin due to similar economic characteristics between Indonesia and Vietnam.
Key Dates
| Event | Anti-dumping Case | Countervailing Case |
| DOC Initiation of Investigation | May 14, 2024 | May 14, 2024 |
| DOC Preliminary Determination | October 1, 2024 | July 18, 2024 |
| DOC Final Determination | December 16, 2024 | October 1, 2024 |
| DOC Issuance of Measures | February 6, 2025 | November 22, 2024 |
Important Notes for Vietnamese Enterprises
- Questionnaires Issued: As of now, the DOC has issued two questionnaires:
- Volume and Value Questionnaire (Anti-dumping): Deadline extended to 5 PM U.S. time, June 6, 2024.
- Subsidy Questionnaire (Countervailing Duty): Deadline is 5 PM U.S. time, June 4, 2024.
- Cooperation with Investigators: It is crucial for enterprises to actively cooperate with the investigating authorities and provide accurate and complete responses to the questionnaires. Failure to do so, or providing dishonest information, can result in the imposition of unfavorable duties based on the best available information from the investigating authorities.
Vietnamese enterprises involved in the production and export of solar panels should closely monitor these timelines and ensure compliance with all procedural requirements to avoid adverse outcomes in the trade defense investigations.
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.
