On July 25, 2023, the Vietnam Trade Remedies Administration announced the acceptance of an application submitted by a company representing the domestic manufacturing sector of Vietnam regarding the request to investigate and apply anti-dumping measures against wind turbine tower products originating from China.
However, the submitted dossier was incomplete and required various amendments and additions. Over the past period, the Vietnam Trade Remedies Administration has collaborated with the applicant to revise the dossier to meet valid and complete standards.
Finally, on August 9, 2023, the Vietnam Trade Remedies Administration officially confirmed that the dossier requesting an investigation into the application of anti-dumping measures against wind turbine tower products originating from China was complete and valid according to the regulations of Vietnam's trade remedies law.
As stipulated in Article 7(4) of Decree 10/2018/ND-CP, within 45 days from the date of receiving a complete and valid exemption dossier, the Ministry of Industry and Trade of Vietnam will consider issuing a decision on exempting the application of trade remedies.
In the event that trade remedies are not exempted, the investigating agency is responsible for notifying organizations and individuals of the reasons for not granting trade remedy exemptions.
To enable the Ministry of Industry and Trade to make a decision to initiate or not initiate an investigation, the investigating Administration, which is the Vietnam Trade Remedies Administration, is responsible for evaluating the dossier and submitting it to the Minister of Industry and Trade for consideration of the investigation decision. The evaluation period of the investigating agency is 45 days from the date of issuing a notification of a complete and valid dossier. If necessary, the decision to initiate an investigation can be extended for no more than 30 days.
As per Article 49(4) of Decree 10, the dossier evaluation content includes:
(i) Identifying the legal representation of the domestic production sector of the organization or individual submitting the dossier, in accordance with the Foreign Trade Management Law;
(ii) Identifying evidence of the existence or threat of significant damage to the domestic production sector caused by or resulting from the import of goods at dumped prices, or the significant hindrance to the establishment of a domestic production sector.
To facilitate the evaluation process and safeguard the legitimate rights and interests of businesses, the investigating agency suggests that domestic enterprises engaged in the production/business of similar goods provide the following additional detailed information:
- Company information;
- Design capacity and production output of wind turbine tower products from 2019 to 2022;
- Company's viewpoint on the case (agreement, objection, no opinion);
- Any other documents/evidence that the company believes to be relevant to the case.
The deadline for providing the aforementioned information is August 31, 2023.
To ensure the best protection of their rights, businesses involved in the case are advised to proactively engage with a reputable legal firm specializing in anti-dumping and trade remedies in Vietnam for assistance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.