Vietnam to Investigate and Apply Anti-dumping Measures on Wind Tower Imports from China

On September 25th, 2023, the Ministry of Industry and Trade issued Decision No. 2494/QD-BCT on investigating and applying anti-dumping measures on wind tower imports from China classified to HS codes: 7308.20.11 and 7308.20.19; in case imported as part of a wind-powered generator set, classified under HS codes 8502.31.10 and 8502.31.20 (Case code: AD18).

The Decision to conduct an investigation was issued based on the appraisal results according to the provisions of the Law on Foreign Trade Management on trade remedies for the dossier requesting investigation to apply anti-dumping measures submitted and completed on July 25, 2022 by businesses representative of the domestic manufacturing industry.

Problem to apply anti-dumping measures on Wind Tower Imports from China

1. Products under investigation: wind tower products imported from the People’s Republic of China

2. Investigation period: from July 1, 2022 to June 30, 2023, investigation to determine dumping behavior; from January 1, 2018 to June 30, 2023, investigation to determine damage

3. Requesting Party’s proposed tax rate: at 97%

The investigation procedures will take place sequentially as follows:

Within 60 days from the effective date of the investigation decision, organizations and individuals according to law register as related parties in the case with Investigation authority. The Investigation Bureau will send the Official Investigation Questionnaires to relevant parties within 15 days from the day the investigation decision is valid.

During the investigation process, the language used in oral or texts is Vietnamese. The Investigation Authority is responsible for keeping investigation information confidential according to regulations. The relevant parties have the right to request private consultation with the Investigation Authority without affecting the deadline for investigating the case or participating in the public consultation session organized by the Investigation Bureau. If it is necessary, the investigation agency can implement the regime of requiring import declaration for products under investigated subjects to serve the investigation.

Based on the results of the preliminary investigation, when necessary, the Ministry of Industry and Trade can apply temporary anti-dumping measures to prevent dumping from continuing to cause significant damages to the domestic manufacturing industry.

In case the final conclusion of the Investigation Authority determines that there is significant damage or threat of causing damage to the domestic manufacturing industry, the Minister of Industry and Trade may decide to apply anti-dumping tax with retroactive effect. The Ministry of Industry and Trade recommends that relevant parties participate in full cooperation during the working process to protect their legitimate rights and interests.

About wind power projects in Vietnam

According to the Vietnam Electricity Group (EVN), among the 146 projects that have signed power purchase agreements with EVN, with a total capacity of over 8,170 MW, 84 projects had already commenced commercial operation before November 1, 2021.

According to EVN, in recent times, a total of 106 wind power plants with a combined capacity of 5,755.5 MW have submitted documents and registration files for the electricity grid connection program, testing, and application for commercial operation certification (COD).

Out of these 106 wind power plants, as of October 31, 2021, 69 wind power plants with a total capacity of 3,298.95 MW had been officially recognized as having achieved commercial operation (COD).

Therefore, if including the 15 wind power plants that were previously recognized as COD and had been operating, the national power system now has a total of 84 wind power plants with a combined capacity of 3,980.27 MW officially recognized as having achieved commercial operation (COD).

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