Vietnam does not extend the application of safeguard measures to imported DAP and MAP fertilizers, Vietnam does not extend the application of safeguard measures, application of safeguard measures to imported DAP and MAP fertilizers, safeguard measures to imported DAP and MAP fertilizers,

Vietnam does not extend the application of safeguard measures to imported DAP and MAP fertilizers

Safeguard measures applied to imported DAP and MAP fertilizer products are issued based on Decision No. 715/QD-BCT dated March 3, 2020. The duty rate applied for safeguard measures based on the above decision has the validity period from March 7, 2020, to September 6, 2022. From September 7, 2022, onwards, the safeguard duty rate will be 0 VND/ton for imported DAP and MAP fertilizers if not extended. Thereby, based on the provisions of the Law on Foreign Trade Management and the review requirements of the domestic manufacturing industry, the Ministry of Industry and Trade of Vietnam has coordinated with relevant units to review and consider whether to extend the measure or not to extend the measure as prescribed by law.

On March 2, 2018, the Minister of Industry and Trade of Vietnam issued Decision No. 686/QD-BCT on the application of a global safeguard measure for DAP and MAP fertilizer products imported into Vietnam with code HS: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00 for 2 years.

On September 3, 2019, the Ministry of Industry and Trade of Vietnam issued Decision No. 2700/QD-BCT on the final review of safeguard measures for imported DAP and MAP fertilizers.

On February 24, 2020, the Investigation Agency completed the conclusion of the final review of safeguard measures for imported DAP and MAP fertilizers.

On March 3, 2020, the Ministry of Industry and Trade issued Decision No. 715/QD-BCT extending the application of safeguard measures to imported DAP and MAP fertilizers.

On October 20, 2021, the Vietnam Department of Trade Remedies issued Notice No. 24/TB-PVTM, publicly posted on the website of the Department of Trade Remedies (Investigation Agency) and the Ministry of Industry and Trade, about the receipt of the Dossier of request for review at the end of the period of safeguard measures for imported DAP and MAP fertilizer products (according to Article 69 of Decree 10/2018/ND-CP).

On November 19, 2021, the Vietnam Department of Trade Remedies received a dossier requesting the application of safeguard measures to DAP and MAP fertilizer products imported into Vietnam. On December 31, 2021, the Department of Trade and Industry issued Official Letter No. 1046/PVTM-P2 on certification of a complete and valid Dossier.

Not extending the application of safeguard measures for imported DAP and MAP fertilizers

On January 28, 2022, the Ministry of Industry and Trade issued Decision No. 117/QD-BCT on the final review of the application of safeguard measures in the ER02.SG06 case.

Fertilizer products DAP, MAP with HS code: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

On June 24, 2022, the Vietnam Department of Trade Remedies held a public consultation session with parties related to the investigation process in the case of the final review of the application of safeguard measures for DAP and MAP fertilizers imported into Vietnam.

The public consultation session was held with the participation of many parties involved in the case. The minutes of the consultation were then made public.

Based on the review results, according to the provisions of Point b, Clause 3, Article 71 of the Law on Foreign Trade Management and Clause 3, Article 69 of Decree No. 10/2018/ND-CP dated January 15, 2018, detailing a number of articles of the Law on Foreign Trade Management on trade remedies, the Ministry of Industry and Trade of Vietnam issued Decision No. 1845/QD-BCT on the matter of not extending the application of safeguard measures to a number of imported DAP and MAP fertilizer products.

This decision was issued based on the investigation agency’s assessment that there is no phenomenon of the price difference, price squeezing, or price pressure between imported goods and domestically produced goods, the import volume is reasonable and complements the lack of supply of the domestic industry. In addition, due to the general volatility of the world, the sudden increase in imports to Vietnam is unlikely to happen again in the near future.

Information on the Decision, Notice on not extending the application of safeguard measures for imported DAP and MAP fertilizers 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.

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