The trade remedy situation in Vietnam has received more and more attention recently. However, the terms used in Vietnamese news translated from foreign trade remedies newspaper are still not completely accurate according to the glossary of the WTO Center, the Vietnam Chamber of Commerce and Industry. In the following article, ASL LAW will list key, standard trade remedies terms on Vietnamese and international.
Anti-dumping terminology (Thuật ngữ về chống bán phá giá)
Analogue country/Surrogate country (Nước tương tự/Nước thay thế)
A analogue country according to EU or a surrogate country according to the USA is a third market economy country used to determine the normal price of the product under investigation in cases where the exporting country has a non-economic market. In such cases, the margin of dumping shall be calculated on the basis of a comparison of the export price of the product with the normal value on the basis of the value in the Analogue country/Surrogate country.
Questionnaire/(Bảng câu hỏi/Bản câu hỏi)
The questionnaire is a form that includes detailed questions about production, sales, costs, damages, etc., for the interested parties to answer and send to the investigation agency.
Dumping Margin (Biên độ phá giá/Biên phá giá)
Dumping margin is the difference between the normal price and the export price (calculated on the export price), according to the formula “Dumping margin = (Normal price – Export price)/Export price“. The higher the normal price is above the export price, the larger the dumping margin. Dumping margins are calculated individually for each foreign producer-exporter or collectively for a group of foreign producers-exporters, depending on whether they cooperate with the investigation.
De minimis Dumping Margin (Biên độ phá giá tối thiểu)
The De minimis Dumping Margin is the dumping margin of less than 2%. The dumping margin considered in anti-dumping cases must be 2% or more. Therefore, in case it is concluded that the margin of dumping is minimal, the investigation will be suspended for this case.
Antidumping Measures (Biện pháp chống bán phá giá)
Anti-dumping measures are all measures that the importing country can use to combat the dumping of imported goods (after a final conclusion is confirmed that there is dumping causing significant injury or damage). In most cases, anti-dumping measure is the imposition of an anti-dumping duty on an imported product (a percentage duty on the value of the product or a flat duty on the product). Anti-dumping measures can also be import quotas or a combination of import quotas and anti-dumping duties.
Provisional Measures (Biện pháp tạm thời)
Provisional measure is an anti-dumping measure applied to imported goods subject to investigation before a final conclusion on the case is made. This measure is usually taken when the investigation has a preliminary conclusion that dumping has caused injury. The provisional measure is usually in the form of a provisional duty or a bond/cash deposit equal to or less than the margin of dumping determined in the preliminary conclusion.
Anti-subsidy terminology (Thuật ngữ về chống trợ cấp)
Subsidies (Trợ cấp)
Under the Subsidies and Countervailing Measures Agreement, an industry is considered subsidized when benefits are conferred on that industry in the form of: Direct allocation of government funds (e.g., grants, loans or equity contributions) or government guarantees of loans; The government waives what should be paid; The government provides goods or services, or purchases goods.
Red subsidies (Trợ cấp bị cấm hay Trợ cấp đèn đỏ)
Red subsidies include:
-Export subsidies (subsidies based on export results, e.g. export bonuses, input subsidies for export, duty exemptions/reductions higher than that enjoyed by similar products sold domestically, preferential export insurance, preferential export credit…); or
– Subsidies to prioritize the use of domestic goods over imports.
These are forms of subsidies that are currently prohibited by all WTO members.
Permissible subsidies (Trợ cấp được chấp nhận)
Permissible subsidies consist of two types: claimable benefits and non-claimable benefits.
Safeguard measures terminology (Thuật ngữ về biện pháp tự vệ)
Safeguard measures (Biện pháp tự vệ)
A safeguard measure is a temporary restriction on the import of one or several types of goods when the rapid increase in their imports causes or threatens to cause serious injury to the domestic industry.
Serious injury and threat of serious injury (Thiệt hại nghiêm trọng/Đe dọa gây thiệt hại nghiêm trọng)
Serious injury is a significant overall deterioration in the position of the domestic industry.
Threat of serious injury is understood as serious injury that is clearly imminent, in accordance with the regulations. The determination of the risk of serious injury must be based on facts, not faulty guess, invocation or remote possibility.
Domestic industry (Ngành sản xuất nội địa)
The domestic industry means the totality of producers of like or directly competitive products within the territory of a Member, or the set of producers whose outputs are like or direct products. Their direct competition accounts for the bulk of the total domestic production of this product.