The United States Department of Commerce (DOC) on July 25, 2022, issued an official preliminary conclusion on the investigation of trade remedy evasion with respect to the plywood using imported hardwood materials from Vietnam.
Plywood using hardwood materials is a product made from layers of peeled wood stuck together with glue, then covered with one or two layers of hardwood boards on the surface.
Currently, the DOC is imposing anti-dumping and anti-subsidy duties on this Chinese product with a duty rate of 183.36% for anti-dumping duties and from 22.98% to 194,90% for anti-subsidy duties, respectively.
According to US customs statistics, the export turnover of plywood using Vietnam’s hardwood materials to the US continuously increased from 112.3 million USD in 2018 to 226.4 million USD in 2019, 248.5 million USD in 2020 and 356.7 million USD in 2021.
Compared to the time before 2019 – the year the investigation was initiated, the export turnover of plywood using Vietnam’s hardwood materials to the US in 2021 increased by 57.6%.
Preliminary conclusion on the investigation of evasion of trade remedies for plywood using hardwood materials imported from Vietnam
The anti-dumping and anti-subsidy duty evasion investigation case for hardwood plywood from Vietnam was initiated by the DOC on June 17, 2020, based on the request of the U.S. Customs and Border Protection (CBP).
Throughout the investigation process, the DOC has extended the time limit for making conclusions three times in the anti-dumping and anti-subsidy duty evasion investigation on hardwood plywood from Vietnam.
According to the latest announcement, the expected deadline for issuing the DOC’s conclusions on April 20, 2022, has been extended to October 17, 2022.
On July 25, 2022, the US Department of Commerce announced the preliminary conclusion of the trade remedy evasion investigation case for plywood using hardwood materials imported from Vietnam.
According to the preliminary conclusions of the DOC:
- Plywood from Vietnam, if it has a core using peeled wood imported from China, will be subject to anti-dumping and anti-subsidy duty as applied to plywood imported from China.
- Plywood from Vietnam, if it has a core using peeled wood made in Vietnam or in other countries, will not be subject to anti-dumping and anti-subsidy duty.
Based on this preliminary finding, the DOC will recommend that U.S. Customs and Border Protection (CBP) continue to suspend liquidity and require importers to pay a deposit equal to the provisional anti-evasion duty rate for shipments imported from Vietnam to the United States from June 17, 2020 (the date of notification of the initiation of investigation) for cases subject to anti-dumping and anti-subsidy measures.
However, the DOC also allows Vietnamese exporters and US importers participating in the self-certification mechanism to be excluded from the evasion measure. This self-certification mechanism will not apply to businesses that the DOC assesses as failing to provide information or providing incomplete or inaccurate information as requested by the DOC during the investigation process.
This is why it is so important to cooperate on a voluntary basis with goodwill, answering the questionnaires provided as well as the requests of the Investigation Agency throughout the investigation process.
According to calculations, the number of enterprises participating in self-certification accounted for about 80% of Vietnam’s export turnover during the investigation period.
Stakeholders have the right to submit written comments on the preliminary findings issued by the DOC within the time period thereafter to be notified, and the written request for a hearing on the comments must be filed with the DOC within 30 days of the notice of the preliminary finding.
Finally, the DOC also plans to conduct due diligence to verify the information before issuing a final conclusion.
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.
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