On June 15th, 2021, the Ministry of Industry and Trade
issued the Decision No. 1578/QD-BCT on imposition of official anti-dumping and
countervailing duties on cane sugar products imported from kingdom of Thailand
(Case No.AD13-AS01). However, on August 25th,
2021 the Ministry of Industry and Trade received the dossier on requesting
investigation against evasion of trade remedies of 06 domestic sugarcane
industries.
According to the Decision No.1578/QD-BCT, the goods on which the
official anti-dumping and countervailing duties are imposed bear the following
HS codes: 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and
1702.90.91. The official anti-dumping duty rate is 42.99% and the official
countervailing duty rate is 4.65% will be applied for 05 years since June 16th,
2021.
Until now, the exporting turnover of the products above of other
countries in ASEAN (without Thailand) increases in value. The Ministry of
Industry and Trade works with The Vietnam Sugarcane Association monitors the
import situation and actively consults and supports the Vietnam Sugar
Association as well as the domestic sugarcane industries in collecting
information, data, and building request dossiers on requesting investigation
against circumvention of trade remedies with cane sugar products to ensure
compliance with the provisions of Vietnam’s trade remedy law.
Acts of evading trade remedies are often complex in nature,
involving many matters, legal regulations and international commitments. The
countries also have different regulations on this issue. In some cases, even
though goods fully meet the rules of origin, they can still be considered
circumvention.
According to the regulation of Article 81.1 Decree
No.01/2018/ND-CP on guidelines for the law on foreign trade management on trade
remedies, the Ministry of Industry and Trade confirmed that the dossier is
valid. Within 45 days after the receipt of the valid dossier, the Minister of
Industry and Trade shall consider the investigation based on the results of
examination of dossiers of the investigating authority.
The investigation for prevention of evasion of trade remedies
includes the following contents (i) Determination of actions aiming to evade
trade remedies; (ii) The change of trade flows from the originating or
exporting countries after the effective date of the decision on application of
trade remedies and this change is the cause of such evasion; (iii) Damage to
the domestic industry or the reduced effectiveness of the effective trade
remedies.
The time limit for investigation of evasion of trade remedies
shall not exceed 06 months since the issuance of the investigation decision.
If Client needs any more information or request
for legal advice or potential dispute regarding trade remedies measures
including, anti-dumping, countervailing duty and safeguard measures or
international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers
in Vietnam of
International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up
anti-dumping cases and its development to update clients on regular basis.
Parties could consult with international trade
dispute lawyers in Vietnam for
assistance in responding to Vietnam authorities.
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