Anti-dumping Duty Petitions on Aluminum Extrusions from Vietnam to the United States

New anti-dumping and countervailing duty petitions on US aluminum extrusions from Vietnam and 14 other countries.

Overview of anti-dumping on aluminum extrusions from Vietnam

On October 4, 2023, a coalition of US Aluminum Extruders Coalition and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union filed a request for an Anti-Dumping (“AD”) investigation on aluminum extrusion products from Vietnam and 14 other countries including: Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, China, South Korea, Taiwan, Thailand, Turkey, UAE; and Anti-subsidy investigation (“CVD”) with the same products from 4 countries: Indonesia, Mexico, China and Turkey.

According to the US AD law, Anti-Dumping tax is a special tax, applied to dumped goods to prevent imported goods being sold in the United States at a price lower than the “normal value”. ”; Anti-subsidy duties are imposed against imports sold in the US that receive import subsidies from foreign governments.

To impose AD/CVD duties, in addition to determining that dumping and/or subsidies are occurring, the U.S. government must also determine that there is “substantial injury” (or threat of material injury) resulting from imported goods are dumped and/or subsidized to the domestic industry. Importers are responsible for any potential AD/CVD taxes that apply. In addition, these investigations may impact consumers by increasing prices and/or reducing the supply of aluminum extrusions from the 15 countries mentioned above, including Vietnam.

1. Scope of goods proposed for investigation of anti-dumping on aluminum extrusions from Vietnam

The goods under investigation are aluminum extrusions, regardless of form, finishing or fabrication, assembled with other components or unassembled, coated, painted, anodized or heat-treated. Extruded aluminum has shapes produced by an extrusion process, made from aluminum alloys whose metallic compositions correspond to the alloy series designations published by the Aluminum Association beginning with the numbers 1, 3 and 6 (or their proprietary equivalent or other certification body’s equivalent).

According to the Plaintiff, the imports described within the scope of the investigation are currently mainly goods with HS codes (according to the Harmonized Tariff Schedule of the United States) 04.10.1000; 7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090; 7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090; 7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090; 7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010; 7610.10.0020; 7610.10.0030; 7610.90.0040; 7610.90.0080.

2. Estimated tax for anti-dumping on aluminum extrusions from Vietnam

Typically, dumping margins are determined during an investigation by the U.S. Department of Commerce (DOC), based on responses from manufacturers whose goods are identified as mandatory subjects. must submit responses to DOC’s investigation questionnaire. If the manufacturer requested to respond does not respond to the questionnaire, a dumping margin will be assigned based on “existing adverse events,” which is a punitive margin, based on on the basis of the anti-dumping margin in the petition of the Complaining Party.

The dumping margin alleged in the Petitioner’s petition varies between countries, specifically as follows:

Country	Alleged dumping margin
Indonesia	112.21%
Italy	37.52%
Malaysia	54.87%
Mexico	111.38%
China	256.58%
Korea	66.43%
Taiwan	90.90% to 100.22%
Thailand	84.71%
Turkey	33.79%
UAE	39.80%
Vietnam	53.75%

Because DOC considers China and Vietnam to be “non-market economies” (“NMEs”), DOC began its investigation with the assumption that all exporters were members of a “pan-China entity” China” or “all-Vietnam entity” run by the government, therefore will be subject to “all-China” or “all-Vietnam” anti-dumping tax bands.

This margin is often based on “pre-existing adverse events,” making it so high that it can be considered punitive. Companies that demonstrate complete independence from the Chinese or Vietnamese Government can receive their own dumping rates based on their actual data.

In addition, the Plaintiff also alleges significant subsidies from China, Indonesia, Mexico and Turkey for goods exported from their countries, but the petition does not quantify the specific level of subsidies.

3. Process of anti-dumping on aluminum extrusions from Vietnam

The Anti-Dumping and Anti-subsidy investigation process consists of two phases: The opening phase and the final phase. DOC and the US International Trade Commission (ITC) will determine whether aluminum extrusions imported from countries under investigation are dumped into the United States and establish anti-dumping duties to be applied.

Simultaneously the investigation will also reveal whether the Governments of China, Indonesia, Mexico, and Turkey have subsidized Aluminum Extrusions exported to the US.

Anti-dumping investigation period: October 1, 2022 to September 30, 2023, especially for Vietnam and China, from April 1, 2023 to September 30, 2023.

The anti-subsidy investigation period is 2022 and previous years.

4. The proposed investigation schedule of the US Department of Commerce and the US International Trade Commission is as follows

The table below provides the main (approximate) deadlines for DOC and ITC procedures for investigation of anti-dumping on aluminum extrusions from Vietnam.

ITC releases questionnaires on foreign manufacturers, US importers, and US manufacturers	October 6 or 9, 2023
Questionnaires from foreign manufacturers, US importers, and US manufacturers are due	October 18, 2023
Initialize DOC	October 24, 2023
ITC preliminary conference	October 25, 2023
ITC post-conference summary	October 30, 2023
Preliminary determination of ITC	November 20, 2023
DOC releases CVD questionnaire	November 23, 2023
DOC releases the ADD questionnaire	November 28, 2023
DOC ADD returns due questionnaire	December 19, 2023
DOC CVD responds to the due questionnaire	December 23, 2023
Additional responses to the ADD and CVD questionnaires	Winter/spring 2024
Determine the preliminary CVD of DOC	March 2, 2024
Verification	Spring/Summer 2024
DOC’s preliminary ADD decision	May 1, 2024
Determine the final ADD and CVD of the DOC	September 13, 2024
Final decision of the ITC	October 28, 2024
Make decision	November 4, 2024

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.