Originating from the US’s order to impose anti-dumping duties on round stainless steel wire products against Korea, on April 4, 2023, the US Department of Commerce issued a notice to extend the time to issue the final result on the investigation of anti-circumvention of trade remedies of stainless steel wire products from Vietnam.
According to the extension notice, the final conclusion of the anti-circumvention duty evasion investigation of round stainless steel wire products from Vietnam to the United States is expected to be issued on May 24, 2023.
On May 18, 2021, North American Stainless (NAS), a domestic US manufacturer of stainless steel wire products, requested the US Department of Commerce to begin investigating trade remedy duty evasion pursuant to section 781(c) of the Tariff Act of 1930 as amended in relation to an order to impose anti-dumping duties on stainless steel wire products from Korea.
The final results of this circumvention investigation were due to be issued on April 11, 2023.
However, pursuant to 19 CFR 351.302(b), unless expressly prevented by statute, the U.S. Department of Commerce may extend any time period for valid cause, including time for issuing a final conclusion in the case of the investigation against duty evasion of trade remedies for stainless steel round wire products imported from Vietnam to the United States.
The US Department of Commerce has determined that more time is needed to release the final results of this circumvention investigation. Accordingly, pursuant to 19 CFR 351.302(b), the United States issued a notice extending the deadline for the release of the final results of this circumvention investigation until May 24, 2023.
Regarding the details of the investigation against trade remedy duty evasion of stainless steel wire products from Vietnam, it is known that this is the case that the US initiated the investigation in February 2022.
In December 2022, the US Department of Commerce announced the preliminary conclusion of the case, which temporarily determined that Vietnam’s stainless steel wire products manufactured from materials imported from Korea were not an act of circumvention of the anti-dumping duty that the United States is applying to similar products of Korea.
Considering the preliminary conclusion, the extension of the time limit for issuance of the final conclusion by the US Department of Commerce in the case of anti-duty evasion investigation of round stainless steel wire products from Vietnam may be a bad signal for Vietnamese businesses when the US might be able to find more evidence of the behavior (possibility) of Vietnamese enterprises participating in the process of evading US trade remedy duties applied to Korea.
However, there is still no official information, so Vietnamese businesses involved in the investigation should prepare as best as possible to respond to situations that may arise, by proactively contacting a prestigious law firm on anti-dumping and trade remedies in Vietnam and internationally.
Notice can be downloaded here.