The review of anti-dumping measures on imported goods will be conducted by Vietnam Competition Authority (VCA) 12 month from the decision by Ministry of Trade and Commerce is issued.
Application dossiers requesting for review of imposition of anti-dumping measures shall including (i) Application and (ii) Other documents and information deemed necessary by the requesting party, in Public and Limited version to be submitted to VCA.
The followings information must be provided by the requesting party at the submission of application for review of the anti-dumping duty imposition:
1.The status of dumping of imports
This section focuses on the change in the dumping status of imports into Vietnam during the period from the imposition of anti-dumping duty to the time the applicant submits the application.
The information to be provided includes, but is not limited to, expanding / narrowing the scope of the goods subject to the imposition of anti-dumping measures; Type / type of goods, producer / exporter selected to calculate the change in dumping margin, change in margin of dumping, normal price, export price for one or a group of foreign producers/ exporter (Note: The method of calculating the data must be consistent with the methodology which the VCA has guided in the dossier requesting the application of anti-dumping measures.)
2.Material damages or threaten to material damages
This section identifies evidence of substantial damages / threat of material damages to the domestic industry caused by imported goods dumped into Vietnam for investigation by the VCA, decide according to the actual situation.
Requesting party should provide the following information:
-The situation of importing goods
Information and data on the situation of import of goods subject to anti-dumping measures (amount and value) from the date of application of the anti-dumping measure before the submission of the dossier according to the set form and two (02) years earlier.
-Market share of similar goods domestically produced and imported goods
Comparative information on market share of domestically produced and imported goods shall be subject to dumping from the time of imposition of tax prior to the filing of the application in the form and the previous two (02) years.
-Impact of imports on domestic prices
Information on the impact of imported goods on the prices of domestically produced goods from the time of imposition of tax prior to the submission of dossiers according to the set form and two (02) years earlier.
-The situation of production and business activities of the domestic manufacturing industry
Information on production and business activities of the manufacturing industry from the date of application of the tax prior to the date of application and two (2) years before.
-Invest in upgrading machines and infrastructure to meet domestic demand
Information on fundamental changes in machinery and factory infrastructure is related to changes in capacity and capacity to meet the needs of the Vietnamese market from the time of application of the tax before submission and two (02) years earlier of the domestic industry. Data should be shown in the following table:
-Current situation of employers in the domestic industry
Number of employees (or estimated number) engaged in the production, management and distribution of domestically produced goods subject of the investigation.
-Inventory fluctuations
The amount and value of inventory requested for the application of the measure anti- dumping domestic production.
3.Scope of goods subject to anti-dumping measures
-Purpose, reason for requesting exclusion of products imported by the company from the scope of application of anti-dumping measures.
-Information on products the company proposes to exclude from the scope of application of anti-dumping measures: HS code, technical specifications, technology, use purpose, production process, …
-The list of domestic enterprises producing the same products as the imported products of the company.
List of other importing enterprises jointly importing the company’s proposed goods for exclusion.
-Documents indicating the difference between the company’s products proposed exclusion and similar products domestically produced. If there are quality comparisons, please indicate the source of these quality criteria (e.g.Vietnamese standards sets, internationally recognized standards …).
-Information on alternative sources of imports, the difference between those sources.
-Other information, documents and evidence that the company deems appropriate to explain the exclusion of the product is appropriate.
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.
Source ANTLawyers: https://antlawyers.vn/library/how-to-prepare-application-for-anti-dumping-review.html
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