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The competent authority of Vietnam has received information that the U.S. Department of Commerce (DOC) has issued its preliminary determination in the anti-dumping investigation concerning imports of hardwood plywood and decorative wood products from Vietnam.
General Information
The petitioner in this case is the Coalition for Fair Trade in Hardwood Plywood.
The products under investigation are hardwood plywood and decorative wood products, primarily classified under HS codes 4412 and 9403.
The countries/territories subject to investigation include China, Indonesia, and Vietnam. All three are simultaneously subject to anti-dumping and countervailing investigations.
According to data cited by the petitioner from the U.S. International Trade Commission (ITC), Vietnam’s exports to the United States market during the period 2022–2024 amounted to approximately USD 401 million, USD 186 million, and USD 244 million, respectively, ranking second among the three investigated countries, after Indonesia.
The petitioner identified nearly 100 Vietnamese exporters allegedly engaged in dumping and receipt of subsidies. The period of investigation is from 1 October 2024 to 31 March 2025.
Preliminary Determination
According to the DOC’s preliminary determination, the provisional anti-dumping duties (as adjusted to offset export subsidy rates in accordance with U.S. law) are as follows:
– For mandatory respondents: from 191.85% to 194.80%.
– For 50 companies granted separate rate status: 193.32%.
– Country-wide rate: 193.32% (equivalent to the separate rate).
These rates are higher than those applied to China (185.96%) and significantly higher than those applied to Indonesia (38.27%) in the same proceeding.
The principal reason for the high duty rates is identified as the DOC’s selection of Indonesia as the surrogate country, as proposed by the petitioner (whereas the respondents proposed the Philippines), and the application of adverse facts available (AFA) in whole or in part to certain respondents.
Regarding the allegation of massive imports, the petitioner claimed that there had been a significant surge in imports of hardwood plywood and decorative wood products from Vietnam within a short period following the filing of the petition. The DOC compared export volumes of the respondent companies during the designated base period and comparison period. Based on its data analysis, the DOC preliminarily determined that there was no massive importation, as the increase did not meet the threshold of 15% or more under the applicable criteria. Accordingly, the DOC did not apply retroactive duties to the two mandatory respondents.
Next Procedures and Recommendations
Upon publication of the preliminary determination in the Federal Register, U.S. importers will be required to deposit estimated duties at the announced provisional rates.
The DOC allows interested parties to submit case briefs within seven days from the issuance of the verification report and rebuttal briefs within five days thereafter. Parties may also submit comments concerning product scope issues addressed in the preliminary determination.
If a hearing is requested, a written request must be submitted within 30 days from the date of publication of the preliminary determination in the Federal Register.
Following the preliminary stage, the DOC will conduct on-site verification at Vietnamese enterprises to verify the information provided. The final determination is expected to be issued within 135 days from the date of publication of the preliminary determination.
Given the very high provisional duty rates and the possibility of adjustments at the final stage, affected enterprises should continue to closely monitor the investigation, thoroughly prepare accounting and export data, and fully cooperate with the U.S. investigating authority in order to safeguard their legitimate rights and interests to the fullest extent possible.
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].
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.
