Tiếng Việt
中文 (中国)
On August 31, 2022, the Ministry of Industry and Trade of Vietnam issued Decision No. 1757/QD-BCT on the first review of the application of anti-dumping and anti-subsidy measures for a number of cane sugar products originating from Thailand.
The case code is AR01.AD13-AS01.
It is known that the investigation of cane sugar products from Thailand to evade duties through 5 ASEAN countries, Cambodia, Indonesia, Laos, Malaysia, and Myanmar, has long been monitored and investigated by the Ministry of Industry and Trade of Vietnam.
On February 9, 2021, the Ministry of Industry and Trade issued Decision 477/QD-BCT applying a temporary anti-dumping and anti-subsidy duty on cane sugar products originating from Thailand.
On June 15, 2021, the Ministry of Industry and Trade continued to issue Decision No. 1578/QD-BCT applying anti-dumping and anti-subsidy measures to some sugarcane products imported into Vietnam originated from Thailand.
On September 21, 2021, the Ministry of Industry and Trade issued Decision No. 2171/QD-BCT investigating the application of measures to prevent circumvention of trade remedies for a number of cane sugar products originating from Thailand that were accused of evading through five ASEAN countries: Laos, Cambodia, Indonesia, Malaysia and Myanmar.
The first review of the application of anti-dumping and anti-subsidy measures on some cane sugar products from Thailand
According to a representative of the Vietnam Department of Trade Remedies (Ministry of Industry and Trade), in the period from mid-February to the end of December 2021, after Vietnam applies temporary anti-dumping and anti-subsidy duties on sugar products, sugarcane originated from Thailand, the total amount of sugar imported from the ASEAN countries mentioned above is more than 853,000 tons, averaging about 85,000 tons/month, an increase of 194% compared to the previous period and 255% compared to the same period in 2020.
However, these countries have absolutely no development in sugar cane competitiveness to be able to export sugar to Vietnam. Thereby, this has constituted the initial signs that sugar from Thailand is imported through ASEAN countries to evade anti-dumping and anti-subsidy measures.
Accordingly, Vietnam has investigated the application of anti-circumvention measures of trade remedies for a number of cane sugar products originating from Thailand that are accused of evading through the five countries of Laos, Cambodia, Indonesia, Malaysia, and Myanmar.
To serve the investigation process, on October 25, 2021, the Investigation Agency sent an investigation questionnaire to relevant parties, including foreign manufacturing/exporting enterprises, domestic manufacturing enterprises and importing enterprises to collect information to analyze, evaluate and clarify allegations as well as investigate acts of evading anti-dumping and anti-subsidy measures.
On July 21, 2022, the Ministry of Industry and Trade of Vietnam issued a draft of the final investigation conclusion on the case.
On August 1, 2022, the Ministry of Industry and Trade issued Decision No. 1514/QD-BCT on the application of measures to prevent evasion of trade remedies for some sugar cane products imported from Laos, Cambodia, Indonesia, Malaysia, and Myanmar.
According to the provisions of Clause 1, Article 58 of Decree No. 10/2018/ND-CP dated January 15, 2018, within 60 days before the end of one year from the date of issuance of the decision to apply anti-dumping measures, official anti-subsidy, interested parties have the right to file a request for review.
On the basis of reviewing the dossiers submitted by related parties in accordance with the law, on August 31, 2022, the Ministry of Industry and Trade issued Decision No. 1757/QD-BCT on the first review of the application of anti-dumping and anti-subsidy measures to a number of cane sugar products originating from the Thailand (case code AR01.AD13-AS01).
Accordingly, Vietnam will review the application of anti-dumping and anti-subsidy measures to a number of cane sugar products, classified under HS code 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91 imported into Vietnam, originating from Thailand.
Decision and Notice details 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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