On January 21th, 2021, Trade Remedies Authority of Vietnam (Investigating Authority) received Dossier from a company which is the representative of the domestic manufacturing (Requesting Party) requesting for the application of the anti-dumping measures on some types of welding materials originating from People’s Republic of China, Kingdom of Thailand and Malaysia.

On February 01st, 2021, Investigating Authority confirmed that Dossier was complete, valid according to regulations of law on trade remedies. Within 45 days of the receipt of a complete, valid Dossier, the Investigating Authority shall examine the Dossier to submit to the Minister of Industry and Trade for consideration for conducting an investigation. Contents of Dossier examination include: (i) Determine qualification of the legal representative of the domestic manufacturing of organization, individual that submitted the Dossier according to regulation of Law on Foreign Trade Management; (ii) Determine evidence on the dumping of imported goods that caused or threatened to cause significant injury to a domestic manufacturing or significantly prevent the formation of a domestic manufacturing.

On March 18th, 2021, Ministry of Industry and Trade issued Decision no. 947/QD-BCT on conducting an investigation to apply anti-dumping measure on some types of welding materials with HS code 7217.10.10; 7217.30.19; 7217.90.10; 7229.20.00; 7229.90.20; 7229.90.99; 8311.10.10; 8311.10.90; 8311.30.91; 8311.30.99; 8311.90.00 originating from People’s Republic of China (China), Kingdom of Thailand (Thailand) and Malaysia (Goods under investigation) (code AD15).

According to Vietnam laws, after initiating an investigation, Ministry of Industry and Trade will send a Questionnaire to related parties to collect information for the purpose of analyzing, assessing the accusations, including: dumping activities of export enterprise of China, Thailand and Malaysia; (ii) damages of the industry whose Vietnam products; (iii) causation between dumping activities and damages of the industry whose domestic products.

If necessary, based on results of preliminary investigation, Ministry of Industry and Trade can apply temporary anti-dumping measure in order to prevent dumping activities which continue to cause material injury to domestic industry.

Ministry of Industry and Trade will conduct examining, verifying the information provided by related parties before finalizing official investigation conclusion of this case. At the same time, Ministry of Industry and Trade will also hold a public consultation in order for the related parties to directly communicate, provide information, give opinions about this case before making a final decision.

Ministry of Industry and Trade recommends that all organizations, individuals who are exporting, importing, distributing, conducting business, using goods under investigation should register as related parties and should provide Ministry of Industry and Trade the necessary information so that rights and interests are protected according to Vietnam laws.

Ministry of Industry and Trade can impose the retroactive of the anti-dumping duty on the imposed goods within 90 days before imposing temporary anti-dumping duty. Therefore, Ministry of Industry recommends that all organizations, individuals who are in the process of exporting, importing, distributing, conducting business, using goods under investigation should pay attention to the possibility of imposing temporary anti-dumping duty and the retroactive of the anti-dumping duty.

Our international trade and competition lawyers in Vietnam at ANT Lawyers will always follow the development from authorities to provide update to our clients.

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