ARTICLE
4 January 2023

Vietnam Reviewed For The First Time The Application Of Anti-dumping Measures On A Number Of Polyester Filament Yarn Products Originating From India, Indonesia, Malaysia And China

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The Ministry of Industry and Trade of Vietnam started to conduct an investigation into the dumping of polyester filament yarn products in the Vietnamese market in April 2020...
Vietnam International Law
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On December 30, 2022, the Ministry of Industry and Trade of Vietnam issued Decision No. 2954/QD-BCT on the first review of the application of anti-dumping measures to a number of polyester filament yarn products originating from India, Indonesia, Malaysia and China.

Case code: AR01.AD10

The Ministry of Industry and Trade of Vietnam started to conduct an investigation into the dumping of polyester filament yarn products in the Vietnamese market in April 2020 on the basis of a request from the domestic industry submitted in November 2019. The investigation process of the case is carried out in accordance with the provisions of the Law on Foreign Trade Management and related regulations as well as the Anti-Dumping Agreement of the World Trade Organization.

On August 31, 2021, the Ministry of Industry and Trade issued Decision No. 2080/QD-BCT on the imposition of a temporary anti-dumping duty on a number of polyester filament yarn products originating from India, Indonesia, Malaysia and China.

On October 13, 2021, the Ministry of Industry and Trade issued Decision No. 2302/QD-BCT replacing Decision No. 2080/QD-BCT, on the application of official anti-dumping duty on a number of polyester filament yarn products originating from India, Indonesia, Malaysia and China. Accordingly, the Ministry of Industry and Trade continues to maintain the previously applied anti-dumping duty, which is still according to the decision to impose the temporary duty.

On May 13, 2022, the Ministry of Industry and Trade of Vietnam issued Decision No. 928/QD-BCT correcting some contents of Decision No. 2302/QD-BCT on the application of official anti-dumping measures to a number of polyester filament yarn products originating from India, Indonesia, Malaysia and China.

According to the provisions of Clause 1, Article 58 of Decree No. 10/2018/ND-CP dated January 15, 2018, the parties involved in the case have the right to submit a request for review of the decision on duty imposition within the period from 60 days to before 01 year from the date of the official decision to apply anti-dumping and anti-subsidy measures.

Vietnam reviewed for the first time the application of anti-dumping measures on a number of polyester filament yarn products

On the basis of reviewing dossiers submitted by related parties (A total of 60 companies according to the attached Notice), on December 30, 2022, the Ministry of Industry and Trade issued Decision No. 2954/QD-BCT on reviewing for the first time the application of anti-dumping measures on a number of polyester filament yarn products originating from India, Indonesia, Malaysia and China

The order and procedures for investigation and review shall comply with Vietnam's legal provisions on trade remedies. The review period for the margin of dumping is from October 1, 2021 to the end of September 30, 2022. The statutory review period is no more than 6 months from the date of the review decision. The review period may be extended once, but not exceeding 3 months.

Accordingly, the deadline for the Ministry of Industry and Trade to issue the first review conclusion on the case of applying anti-dumping measures to a number of polyester filament yarn products originating from India, Indonesia, and Malaysia and China is June 30, 2023, or extended to September 30, 2023.

The decision and notice can be downloaded here.

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.

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