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The US Department of Commerce (DOC) recently issued the final conclusion of the 17th administrative period of review (POR17) for the period from August 1, 2019, to July 31, 2020, for Vietnamese pangasius, on March 10, 2022.
A total of 63 enterprises are subject to administrative review of the anti-dumping duty.
However, 28 out of 63 businesses subject to the review will not be audited for a variety of reasons.
Among the remaining 35 enterprises, Nha Trang Seafood Joint Stock Company (NTSF) and East Sea Seafoods Joint Stock Company (ESS) were asked to answer the investigation questionnaire.
In addition, the DOC also determines that Green Farms Joint Stock Company is eligible to enjoy separate duty rates.
According to information from the Vietnam Trade Remedies Administration under the Ministry of Industry and Trade, the DOC has preliminarily determined that the NTSF did not sell the goods subject to review at a price lower than the normal value during the review period. Accordingly, they will not be subject to anti-dumping measures.
On the other hand, ESS company is subject to a duty rate of 3.87 USD/kg because the DOC said that ESS did not cooperate in good faith in their investigation. Green Farms Company is subject to a duty of 1.94 USD/kg. The remaining companies continue to be taxed at $2.39/kg as in previous review periods.
Thus, at present, there are about 10 Vietnamese pangasius exporters that are not subject to the anti-dumping duty of the United States, including a number of large exporters such as Vinh Hoan Joint Stock Company, Nam Viet Joint Stock Company, Nha Trang Seafood Joint Stock Company.
The 17th administrative review of anti-dumping duty (POR17) on pangasius imported from Vietnam
Statistics from the General Department of Customs show that, in 2020, Vietnam’s pangasius exports to the US reached 83,159 tons, with a turnover of about $228.79 million.
According to information from the Vietnam Association of Seafood Exporters and Producers (VASEP), in 2021, Vietnam exported about $370.6 million of Vietnam’s tra and basa fish to the United States.
In 2021, Vietnam’s export turnover increased by more than 50% compared to 2020.
Accordingly, although Vietnam’s tra and basa fish products have been subject to anti-dumping duty since 2003, thanks to the close coordination amongst the Association, exporting enterprises, relevant agencies of Vietnam with the US investigation agency, Vietnamese enterprises have achieved relatively favorable results and maintained export growth to the US.
Currently, the DOC is conducting the 18th anti-dumping administrative period of review (POR18) for the period from August 1, 2020, to July 31, 2021.
Hence, the Ministry of Industry and Trade will continue to coordinate with the Vietnam Association of Seafood Exporters and Producers (VASEP), Vietnamese exporters, and the US side to resolve related issues to ensure the right and Vietnam’s legitimate interests in this regard.
The DOC 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.
