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On October 19, 2023, the U.S. Department of Commerce (DOC) self-initiated an examination into the scope of products and circumvention behavior related to antidumping and countervailing duty measures applied to aluminum wire and cable (AWC) from China. The investigation covers AWC originating in China that undergoes further processing in Vietnam before being exported to the U.S. as goods of Vietnamese origin.
The investigated product is aluminum wire and cable with HS codes 8544.49.9000 and 8544.42.9090. The DOC alleges that aluminum wire and cable finished in Vietnam and exported to the U.S. use input materials of Chinese origin, such as stranded aluminum wire or unfinished aluminum wire, without significant transformation, falling within the scope or circumventing the original duty orders with China.
Failure to provide accurate information or cooperate to the best of their ability may lead the U.S. Department of Commerce to use available information, often unfavorable under Section 776 of the Tariff Act of 1930.
On December 23, 2019, the U.S. imposed antidumping and countervailing duties on similar products originating from China, with antidumping duties ranging from 58.51% to 63.47% and countervailing duties ranging from 33.44% to 165.63%.
On October 19, 2023, the U.S. Department of Commerce initiated an investigation into the scope of products and countervailing duty circumvention for aluminum wire and cable from three countries: Vietnam, Cambodia, and South Korea.
On December 20, 2023, the DOC issued a Quantity & Value Questionnaire to Vietnam’s manufacturing and exporting businesses to gather information for the subsequent DOC investigation. The deadline for responding to the Quantity & Value Questionnaire is 5:00 PM (U.S. time) on January 3, 2024.
In case a business fails to respond to the questionnaire or provides inaccurate, incorrect, or falsified information to obtain a favorable assessment, it may be concluded that the business has not fully cooperated and lacks good faith. Consequently, the DOC may issue unfavorable determinations with higher duties for those businesses.
To avoid such situations, businesses need to actively cooperate with the investigating agency, provide complete and accurate information as requested. If businesses do not have sufficient time to prepare their responses, they can request an extension from the investigating agency, specifying the reasons and proposed extension period. The decision on whether to grant an extension depends on the investigating agency.
All submissions to the Department of Commerce must include a Certificate of Accuracy from the business, and businesses will be responsible for their statements. If businesses use the services of legal consultants or other representatives, they must provide a Certificate of Accuracy from the representative.
Additionally, all submissions to the Department of Commerce must be sent to all parties on the public list and other parties as necessary.
See the DOC’s notice for more information 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.
