Tiếng Việt
中文 (中国)
On October 24, 2023, the U.S. Department of Commerce (DOC) officially issued a notice initiating an anti-dumping investigation on aluminum extrusions and aluminum products imported from 15 countries/territories, including Vietnam.
The countries under investigation for anti-dumping of aluminum extrusions and aluminum imports into the U.S. include Colombia, Dominica, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, China, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam.
Apart from the anti-dumping investigation, four countries are also subject to countervailing duty investigations on aluminum extrusions and certain other aluminum products: Indonesia, Mexico, China, and Turkey.
United States initiates anti-dumping investigation on aluminum extrusions from Vietnam
The specific products being investigated are aluminum extrusions and aluminum products with case number A-552-837.
The Aluminum Extruders Coalition and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) filed the petitions for anti-dumping and countervailing duty investigations on October 4, 2023. The DOC received the petitions, determined their validity, and officially initiated the investigations on October 24, 2023. The period of investigation for anti-dumping practices spans from April 1 to September 30, 2023.
According to the petitioner’s information and U.S. Customs data, in 2022, Vietnam accounted for approximately 7.6% of the total exports to the United States among the investigated countries, ranking fourth in terms of exports to the U.S.
In the petition, 14 Vietnamese companies have been identified. These companies may become mandatory respondents in the investigation process (typically, only 2-3 companies are selected). If there are other companies exporting the investigated products to the U.S. but not named, they need to contact the investigating agency to register as interested parties, receive questionnaires, and respond to obtain favorable duty rates (if applicable).
The alleged dumping margin for Vietnam is 41.84%, while the alleged dumping margins for the other 15 countries/territories range from 25.89% to 376.85%. Vietnam’s alleged dumping margin is lower than three major exporting countries of aluminum extrusions and competitive aluminum products from Vietnam to the U.S., namely Mexico, Colombia, and China.
During the investigation, the DOC will request the use of and determine third-country substitute values to calculate the dumping margins for Vietnam, as Vietnam is currently designated as a non-market economy, despite its recent efforts to change this perception in the U.S.
Indonesia was chosen as a comparable country due to similarities in the product under investigation and the economic structure between the two nations.
In the coming days, Vietnamese businesses will have to submit responses to the Quantity and Value questionnaires sent by the DOC. The deadline for responses is November 7, 2023, U.S. time, with possible extensions upon reasonable requests.
These respondents will continue to participate in answering subsequent questionnaires in the case and receive individual duty rates. Non-selected companies can still register with the investigating agency to join the investigation process and enjoy separate duty rates.
The deadline for submitting applications to qualify for separate duty rates is 30 days from the initiation date of the case. In case the separate duty rate applications are not accepted, these companies will be subject to national-level duty rates determined by the DOC, usually less favorable than separate duty rates.
The DOC is expected to issue preliminary determinations within 140 days from the initiation of the investigations (with possible extensions).
The 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.
