Tiếng Việt
中文 (中国)
On August 31, 2023, the United States Department of Commerce (DOC) issued preliminary determinations for the 19th administrative review (POR19) of Vietnamese frozen fish fillets covering the period from August 1, 2021, to July 31, 2022.
On March 10, 2022, the U.S. Department of Commerce issued its final determination for the 17th administrative review (POR17) of anti-dumping duties for the period from August 1, 2019, to July 31, 2020, on Vietnamese frozen fish fillets.
On September 7, 2022, the U.S. Department of Commerce issued its final determination for the 18th administrative review (POR18) of anti-dumping duties on frozen fish fillets imported from Vietnam.
China and the United States are two of Vietnam’s top frozen fish exporting markets. Therefore, if the U.S. maintains its tariff orders, it will have a significant impact on Vietnamese frozen fish fillets production and exportation, negatively affecting the country’s economic growth.
According to data from the Vietnam Association of Seafood Exporters and Producers (VASEP), as of August 15, 2023, Vietnam’s frozen fish exports to the United States reached $169 million, a 59% decrease compared to the same period last year.
Despite being subject to U.S. tariffs since 2003, many Vietnamese frozen fish fillets exporters have maintained a zero-duty rate through various review periods. This achievement reflects the transparency and integrity of a large portion of Vietnamese businesses, with the support of the Vietnam Trade Remedies Administration and legal consultancy firms specializing in trade remedies.
VASEP also acknowledged that the demand for seafood, particularly frozen fish, in the United States is showing positive signs, as evident in the preliminary determinations of POR19.
Preliminary Determinations of POR19
In the final determination of POR18, the DOC maintained anti-dumping duty rates for each company based on the results of the most recent reviews.
However, in the preliminary determinations of POR 19, issued in late August 2023, the duty rates applied to Vietnamese enterprises have significantly decreased compared to POR18 ($1.94 per kg for separate rates and $2.39 per kg for the national rate). This is seen as a positive signal for Vietnamese frozen fish fillets exporters.
For this review, the DOC selected Indonesia as the surrogate country for calculating the dumping margins due to similarities between the two economies. It is expected that the DOC will issue its final determination for this review within 120 days from the date of the preliminary determinations, which is December 31, 2023.
On August 25, 2023, the DOC announced the opportunity for parties to request an administrative review of anti-dumping duties for the upcoming POR20, covering the period from August 1, 2022, to July 31, 2023. The deadline for filing requests was August 31, 2023. Several Vietnamese companies and the U.S. petitioner have submitted review requests.
The DOC is expected to initiate the next administrative review for frozen fish fillets exports from Vietnam in September to October 2023.
Detailed announcements 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.
