Vietnam Anti-dumping investigations against prestressed steel cable products from Malaysia, the Kingdom of Thailand and the People’s Republic of China (case code: AD17)
On July 5, 2023, the Ministry of Industry and Trade issued Decision No. 1704/QD-BCT and the accompanying Notice on the investigation into the application of anti-dumping measures to prestressed steel cable products from Malaysia, the Kingdom of Thailand and the People’s Republic of China with HS codes 7312.10.91 and 7312.10.99 (case code: AD17).
In case AD17, involving domestic producers and importers, the Trade Remedy Agency (Investigating Authority) sent an inquiry questionnaire on quantity and value to all domestic producers and importers known to the Investigating Authority for information collection, data. The deadline to respond to the questionnaire is before 17:00 on August 26, 2023 (Hanoi time).
In order to ensure its rights and interests, the investigating Authority recommends that relevant domestic manufacturers and importers participate and cooperate fully throughout the investigation process.
The content of the reply will be the basis for the investigating Authority to consider choosing a sample to limit the scope of investigation in case of necessity.
The Trade Remedies Authority issued Quantity and Value Questionnaire for response
In case the investigating Authority does not receive the reply on time or in case the information provided is inaccurate or incomplete as requested, the investigating Authority shall use the available information to draw conclusions as prescribed in Article 75 of the Law on Foreign Trade Management.
The information and data provided in the process of answering the questionnaire of the investigating Authority and the right of parties involved in the investigation to access information during the investigation will comply with the law on information security in Article 11 of Decree No. 10/2018/ND-CP dated January 15, 01, 2018 detailing a number of articles of Law on Foreign Trade Management on Trade Remedies.
The questionnaire (with database) for manufacturers includes the following contents:
General information about the company: Information about the company; Individuals and organizations controlling the Company’s operations; Legal representative; Relations with other companies or individuals in production and business activities; Other goods; Accounting/financial regime
Similar goods produced domestically: Description of similar goods produced domestically; The company’s internal cargo control number (CCN); Technical description and production process of similar goods; Comparison of goods; Other Questions
Production, purchase and inventory: Production output and capacity; Purchase of similar or investigated goods; Inventory of finished products
Sales: Total net sales and sales volume of similar goods sold by the Company to non-affiliated customers; Total Net Sales and sales of similar goods produced by the company and sold to affiliated customers; Resale of similar or investigated goods for commercial sale to unaffiliated customers; Resale of similar or investigated goods purchased to affiliated customers; Internal consumption; Other Questions
Distribution system and selling price: Distribution system and sales channel; Basis for building similar commodity prices
Statement of transactions: Sales transactions in Vietnam between April 1, 2022 and March 31, 2023; Allocate transaction costs in the tables in section G.1; Returned Debit Notes
Production cost: Cost accounting system; Production process; Production costs; Differences in quality; Direct raw material supplier; Other Questions
Profitability: The profitability of similar goods during the investigation period; Total profit of the Company; Profit in the absence of damaging dumping; Cash flow for similar goods; Invest; Ability to raise capital; Return on investment (ROI) and assets (ROA)
Labor and wages: Labor; Labor costs
Other questions: Other information about company damages; Causation; Impact of imports.
How an anti-dumping law firm in Vietnam could help?
An anti-dumping law firm in Vietnam can provide valuable legal assistance and expertise to international manufacturers facing issues related to anti-dumping regulations. Anti-dumping measures are imposed to counter the unfair trade practices of foreign manufacturers who are selling their products in the domestic market at prices lower than their normal value, causing injury to the domestic industry.
Here’s how such a law firm could help international manufacturers in Vietnam:
Expertise in Anti-Dumping Regulations:
Anti-dumping laws and regulations can be complex and vary from country to country. A specialized law firm in Vietnam with experience in anti-dumping regulations can provide international manufacturers with in-depth knowledge of local laws, regulations, and international trade agreements.
Risk Assessment and Strategy Development:
The law firm can assess the potential risks of anti-dumping investigations or actions against the international manufacturer’s products. Based on this assessment, they can develop a strategic plan to mitigate risks, minimize the impact on the manufacturer’s operations, and protect their interests.
Guidance on Compliance:
The law firm can provide guidance on how to ensure compliance with anti-dumping regulations in Vietnam. This includes advising manufacturers on pricing strategies, sales practices, and documentation to avoid inadvertently triggering anti-dumping actions.
Investigative Support:
If the international manufacturer’s products are subject to an anti-dumping investigation, the law firm can help gather evidence and information to support the manufacturer’s position. This could involve analyzing pricing data, market trends, and economic factors to demonstrate that the manufacturer’s pricing practices are fair.
Representation in Proceedings:
If an anti-dumping case progresses to official proceedings, the law firm can represent the international manufacturer before relevant authorities, such as the Ministry of Industry and Trade in Vietnam. They can prepare and submit legal documents, present arguments, and negotiate on behalf of the manufacturer to achieve the best possible outcome.
Advocacy and Negotiation:
The law firm can engage in advocacy efforts to present the international manufacturer’s case to relevant stakeholders, including industry associations, government agencies, and trade bodies.
Appeals and Reviews:
If an anti-dumping decision goes against the international manufacturer, the law firm can assist in appealing the decision or requesting reviews to ensure that due process was followed and that the manufacturer’s rights were upheld.
Market Entry Strategies:
For international manufacturers considering entering the Vietnamese market, the law firm can provide insights into the potential risks and implications of anti-dumping regulations. They can help develop strategies to minimize exposure to anti-dumping actions and ensure compliance with local laws.
Trade Remedies Education:
The law firm can educate international manufacturers about anti-dumping laws, regulations, and best practices. This knowledge empowers manufacturers to make informed decisions about pricing, market entry, and other business strategies.
In a nutshell, an anti-dumping law firm in Vietnam can serve as a vital partner for international manufacturers, offering them comprehensive legal support and guidance in navigating the complex landscape of anti-dumping regulations. From risk assessment to representation in proceedings, these firms can help manufacturers protect their interests, maintain fair trade practices, and achieve favorable outcomes in the face of anti-dumping challenges. while doing business in Vietnam.
How ANT Lawyers Could Help Your Business?
You could learn more about ANT Lawyers International Trade and Tax or contact our International trade dispute lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529