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The U.S. Department of Commerce (DOC) recently issued its preliminary determination in the countervailing duty (CVD) investigation into air compressors imported from Vietnam, China, and Malaysia. The investigation was initiated by the DOC on May 21, 2026, based on a petition filed by the U.S. domestic industry.
1. Key Information on the Case
Case number: C-552-857.
Product under investigation: Air compressors, primarily classified under HS codes 8414.80.16.15, 8414.80.16.25, 8414.80.16.35, and 8414.80.16.85.
Petitioner: MAT Industries, LLC.
The DOC selected two Vietnamese companies as mandatory respondents. However, one company declined to participate in the proceeding, leaving only one Vietnamese company as a mandatory respondent.
According to the preliminary determination, the preliminary CVD rates applicable to Vietnamese companies are as follows:
- Mandatory respondent: 0.35%, determined to be a de minimis subsidy rate.
- 08 non-cooperating companies: 74.39%, calculated based on adverse facts available.
- All other Vietnamese companies: 37.20%.
Notably, the preliminary subsidy rate of 0.35% for the Vietnamese mandatory respondent is currently the lowest rate among the countries under investigation. Meanwhile, the preliminary subsidy rates for China range from 3.84% to 112.29%, while the rate for Malaysia is 92.86%.
These results demonstrate the importance of full cooperation with the investigating authority in limiting the potential CVD liability faced by companies.
2. Next Steps in the Proceeding
In the next stage, the DOC is expected to conduct an on-site verification to verify the information and data submitted by the Vietnamese company. The results of the verification will be an important basis for the DOC’s final determination and the calculation of the final CVD rate.
After the final verification report is issued, interested parties may submit case briefs within 07 days. Rebuttal briefs responding to the case briefs submitted by other parties must be filed within 05 days of the case brief deadline.
The DOC may also hold a hearing if a valid request is submitted by an interested party before the final determination is issued.
Vietnamese companies should note that the rates set out in the preliminary determination are not final. The DOC may revise its findings following the verification process and its review of the information and comments submitted by the parties during the subsequent stages of the proceeding.
3. Recommendations for Vietnamese Businesses
The Trade Remedies Authority of Vietnam recommends that the companies concerned continue to fully cooperate with the DOC throughout the investigation, particularly in responding to supplemental questionnaires and preparing for the upcoming verification.
Companies should proactively review all data previously submitted, prepare appropriate supporting records and documentation, and ensure consistency among the information provided throughout the investigation.
In addition, companies should closely monitor the subsequent developments in the proceeding, particularly the verification report, deadlines for submitting case briefs, and the possibility of a hearing. Continued full cooperation and the timely submission of accurate information may help companies minimize the risk of adverse facts available being applied and protect their interests as the DOC determines the final CVD rates.
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.
