Pursuant to Article 70 of the Law on Foreign Trade Management regarding the order, procedure of investigation into the trade defense case and Article 79 of the Law on Foreign Trade Management regarding bases for investigating to the application of anti-dumping measures, dated December 11st, 2020, the Ministry of Industry and Trade issued Decision No. 3298/QĐ-BCT on the investigation for the application of anti-dumping measures (anti-dumping) for some Sorbitol products under HS codes 2905.44.00 and 3824.60 .00 originating from the People’s Republic of China (China), the Republic of India (India) and the Republic of Indonesia (Indonesia) (row under investigation) (case code AD14).
According to the law, after initiating the investigation, the Ministry of Industry and Trade would send the questionnaire to related parties to collect information, analyze and evaluate the allegations, including: (i) dumping acts by exporters of China, India and Indonesia; (ii) damages to the Sorbitol manufacturing industry of Vietnam; and (iii) a causal relationship between dumping acts and damages in the domestic Sorbitol industry.
In case of necessity, basing on the preliminary investigation results, the Ministry of Industry and Trade may apply temporary anti-dumping measures to prevent dumping from continuing to cause significant damage to the domestic manufacturing industry.
The Ministry of Industry and Trade would examine and verify the information provided by related parties before completing the official investigation conclusion of the case. At the same time, the Ministry of Industry and Trade would also hold a public consultation for related parties to directly exchange, provide information, and express their point of view for the case before making final conclusions.
The Ministry of Industry and Trade recommends all organizations and individuals that are exporting, importing, distributing, trading and using the investigated goods to register as related parties and provide necessary information to the Ministry of Industry and Trade in order to ensure their rights and interests in accordance with the law.
The Ministry of Industry and Trade might impose antidumping taxes with a retroactive effect on taxable goods within 90 days before the provisional anti-dumping tax is applied. Therefore, the Ministry of Industry and Trade recommends that in the process of signing contracts for importing, distributing, trading and using goods under investigation, organizations and individuals should pay attention to the possibility of applying the provisional anti-dumping tax and retroactive effect antidumping tax.
July 28, 2020, Malaysia’s Ministry of International Trade and Industry (MITI) initiated an anti-dumping investigation against cold-rolled stainless steel products originated from Vietnam and Indonesia.
– The plaintiff: Bahru Stainless Sdn. Bhd.
– Investigated products: Cold-rolled stainless steel in coils, sheets or other forms, classified under HS. Codes and AHTN: 7219.31.00.00, 7219.32.00.00, 7219.33.00.00, 7219.34.00.00, 7219.35.00.00; 7220.20.10.00; 7220.90.00.
– The next procedures:
MITI shall send the investigation questionnaires to relevant parties, including the manufacturers, Vietnam’s exportation of investigated products in case of non-receipt of information from MITI, the relevant parties may contact MITI in writing, fax or email to find the information, receive survey questionnaires.
MITI also recommends the relevant parties to send their written statements of opinions and arguments about the case to MITI, by responding to the investigation questionnaire and providing the case-related evidence.
+ The time-limit for the relevant parties to request to receive the investigation questionnaire: 15 days at the latest from the date of the MITI’s announcement.
+ The deadline for submission of the investigation questionnaire response and the submission of opinions, arguments in writting about the investigation: Within 30 days from MITI’s announcement, unless extended.
– Information receiving address:
Trade Practices Section
Ministry of International Trade and Industry (MITI)
Level 9, Menara MITI
No.7, Jalan Sultan Haji Ahmad Shah
50480 Kuala Lumpur
Telephone Number: (603) 6208 4632/4641/4637
Facsimile number: (603) 6211 4429
Email address: firstname.lastname@example.org”
-Some response recommendations:
Implementing the task of supporting exporting enterprises to cope with foreign trade remedies lawsuits, the Department of Trade Remedies recommends the following problems to related associations and manufacture/exportation enterprises.
- Contact MITI to register to join and receive the questionnaire within the described time;
- Read carefully the instructions, answer fully the questions and submit the questionnaire in time;
- Comprehensively cooperate with MITI during the course of incident, including on-site investigations in order to verify the contents of the Questionnaire;
- Frequently coordinate, exchange information with Malaysian importers so as to stimulate the voice of Malaysian Government, request MITI to seriously consider the socio-economic benefits and interests of customers.
***Note: Any action that shows uncompleted cooperation may lead to Malaysian Investigative Authority to use the adversely available evidence or apply the highest anti-dumping tax rate proposed by Plantiff. With the application of high anti-dumping tax shall lower the competitive advantage, risk losing partly or wholly exportation market to Malaysia’s domestic manufacturing industry and/or competitors from other countries.
Download the documents The Ministry of Industry and Trade issued a decision which initiates/initiating the investigation of applying anti-dumping measures to Sorbitol Chemical products originating from China, India and Indonesia (Case number: AD14)here.