Tiếng Việt
中文 (中国)
日本語
Recently, the U.S. Department of Commerce (DOC) issued the final results of its administrative review concerning the alleged circumvention of anti-dumping and countervailing duties on rectangular steel pipe products imported from Vietnam. These products are subject to trade remedy duties when originating from China (Case Nos. A-570-914 and C-570-915).
The review was initiated on October 18, 2023, at the request of the respondent and covers the period of 2022–2023.
On August 4, 2022, the DOC initiated a circumvention inquiry regarding rectangular steel pipe products imported from Vietnam. The U.S. alleged that Vietnam imported hot-rolled steel from China and Taiwan, then conducted minor processing to manufacture steel pipe products for export to the U.S. in order to circumvent the anti-dumping and countervailing duties in effect against China and Taiwan.
On September 13, 2024, the DOC issued its preliminary determination, finding that the sole Vietnamese respondent in the case used only Vietnamese-origin hot-rolled steel to manufacture steel pipes exported to the U.S. during the review period.
Because the company maintained complete invoices and records of raw material purchases and was able to trace the origin of its inputs, the DOC confirmed that the company met the eligibility requirements for the certification mechanism, which exempts companies from the application of circumvention measures if they do not use Chinese-origin hot-rolled steel.
The final determination affirmed the preliminary findings. This is a positive outcome for the Vietnamese exporter, especially considering that in August 2023, the DOC had previously found the company ineligible for the certification mechanism due to insufficient cooperation during the original investigation.
This case demonstrates that Vietnamese companies can continue to benefit from the certification mechanism if they comply with regulations and cooperate effectively with U.S. authorities in subsequent review proceedings, thereby maintaining their access to the U.S. market.
To protect their legitimate interests, manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnamese law firms 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.
