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On September 7, 2026, the Ministry of Industry and Trade (MOIT) issued Decision No. 2174/QD-BCT on the application of official anti-dumping (AD) duties to certain ceramic and porcelain tiles originating from India in Case No. AD23. Based on the decision to apply the official measure, the Trade Remedies Authority of Vietnam (TRAV) announced the receipt of applications for exemption from AD duties for products meeting the prescribed conditions.
Case No. AD23 was initiated by the MOIT on August 18, 2025, under Decision No. 2333/QD-BCT. During the investigation, the investigating authority carried out information collection and consultation with relevant parties. On July 17, 2026, a public consultation session was held to provide the parties with an opportunity to present their views and provide relevant information before the competent authority finalized the investigation findings.
Products Subject to Official AD Duties
According to Decision No. 2174/QD-BCT, the products subject to AD duties are certain ceramic and porcelain tiles originating from India, excluding paving tiles under heading 69.04.
The products covered by the measure are tiles manufactured from clay and/or other inorganic materials, fired at high temperatures, whether glazed or unglazed. The products have a maximum firing temperature below 1,500°C and water absorption not exceeding 0.5% by weight, regardless of their thickness or dimensions.
The product scope includes wall tiles, floor tiles, paving tiles and similar products. Products within the scope are classified under HS codes 6907.21.21, 6907.21.22, 6907.21.23, 6907.21.24, 6907.21.91, 6907.21.92, 6907.21.93 and 6907.21.94.
Accurately determining whether a product falls within the scope of the measure is important for importers, as the HS code is only one of the bases for identifying the product and must be assessed together with its description, technical characteristics and the product scope specified in the decision imposing the measure.
Cases That May Be Considered for Exemption
Under Clause 2, Article 12 of Circular No. 26/2025/TT-BCT, imported goods falling within the scope of a trade remedy measure may be considered for exemption if they fall under one of the cases prescribed by law.
One such case concerns goods that cannot be produced by the domestic industry. Businesses may also request exemption for goods having characteristics different from those of domestically produced goods and that cannot be substituted by domestic products.
In addition, the exemption mechanism may apply to special products of like goods or directly competitive goods produced domestically. Like or directly competitive goods may also be considered for exemption if they are not sold on the domestic market under normal conditions or if domestic supply is insufficient due to force majeure circumstances.
Another case involves imported goods within the total quantity for which exemption is requested for research, development and other non-commercial purposes.
Accordingly, the fact that a product falls within the scope of AD duties does not necessarily mean that a business must be subject to the measure in all circumstances without any possibility of an exception. However, the business must demonstrate that its goods satisfy one of the exemption conditions prescribed by law.
Businesses Should Prepare Exemption Applications
Pursuant to Article 17 of Circular No. 26/2025/TT-BCT, businesses seeking exemption from official AD duties in Case No. AD23 may consider submitting applications in accordance with the regulations.
Applications for exemption must be prepared in accordance with the requirements under Article 16 and Appendix II of Circular No. 26/2025/TT-BCT. Businesses must provide information and supporting documents demonstrating that the products for which exemption is requested fall within a category eligible for consideration under the law.
In particular, where a business claims that the domestic industry cannot produce the product, it should prepare documents demonstrating the product’s characteristics, technical standards, usage requirements or other factors that prevent domestic products from meeting its needs. Similarly, where the product has different characteristics or constitutes a special product, specific supporting documents should be provided.
Preparing a complete application with clear and substantiated grounds for the exemption request will be important during the competent authority’s consideration process.
Notes for Businesses Importing Tiles from India
For businesses currently importing ceramic and porcelain tiles from India, the application of official AD duties under Decision No. 2174/QD-BCT requires them to review their imported product lists, HS codes, technical characteristics and origin of goods to determine the relevant obligations.
Where a product falls within the scope of the measure but the business believes that the goods satisfy the exemption conditions, it should proactively collect supporting documents from the outset rather than relying solely on the HS code or commercial description of the product.
Case No. AD23 also demonstrates that the application of a trade remedy measure may proceed through multiple stages, from the initiation of an investigation and information collection to public consultation and the issuance of an official decision. The TRAV stated that, following the consultation session on July 17, 2026, the investigating authority continued to finalize the investigation findings before the MOIT issued the official decision.
Therefore, businesses importing ceramic and porcelain tiles from India should continue monitoring notices concerning the application and exemption of the measure in Case No. AD23. At the same time, they should proactively prepare product documentation and data on their import needs to ensure their ability to meet the requirements when carrying out exemption application procedures.
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].
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