On April 26, 2019, the Department of Trade Protection (PVTM) –
Ministry of Industry and Trade received a dossier requesting investigation and
application of anti-dumping measures for some plastic products and products by
Plastic is made from polymers and propylene (“Investigated Goods”) originating
from the People’s Republic of China (China), Kingdom of Thailand (Thailand) and
Malaysia. The requester in the case are representatives of the domestic
manufacturing industry, including two companies: (i) Hung Nghiep Formosa
Limited Liability Company; and (ii) Plastic Joint Stock Company Youl Chon Vina.
On August 5,
2019, the Ministry of Industry and Trade issued Decision No. 2334 / QD-BCT on
conducting investigation and application of anti-dumping measures.
What is
scope of investigation in anti-dumping case AD07?
The products
alleged to be dumped are products made of plastic and plastic products made
from propylene polymers (also called Biaxial Oriented Polypropylene film –
BOPP) imported from the above countries and dumping on the Vietnam market which
caused significant losses to Vietnam’s BOPP film industry under the following
HS codes: 3920.20.10 and 3920.20.91.
The period of
investigation to determine dumping behavior is from July 1, 2018 to June 30,
2019. The investigation period to determine the damage of domestic
manufacturing industry is from July 1, 2916 until June 30, 2019.
How to
determine damages and causal relation?
The alleged
dumping products are considered to be the main cause of significant losses in
the domestic manufacturing industry, reflected by the decline in indicators
such as utilization capacity, inventory, profits and dynamic price, price
pressure…
What the
investigation agency require?
Within 15 days
after the issuance of the investigation decision of the Minister of Industry
and Trade, the investigating authority shall send the investigation
questionnaire to the following subjects:
– The applicant
submits the application for anti-dumping measures;
– Other domestic
manufacturers;
– The party
proposed to investigate applies anti-dumping measures;
– Importers of
goods subject to investigation;
– The diplomatic
mission of the country where the goods originated is investigated;
– Other
stakeholders that the investigating authority deems necessary.
Within 30 days
after receiving the investigation question, interested parties must provide a
written answer to all questions in the questionnaire. In case of necessity or a
written request for extension with reasonable reasons from interested parties,
the investigating agency may extend the time limit but must not more than 30
days.
How long
does the investigation will take?
Please be
informed that the time limit for the anti-dumping measures imposition
investigation shall be within 12 months from the day on which the decision on
investigation is issued, with a possible extension up to 6 months if necessary.
Interested parties could authorize law firm in Vietnam with international trade
and anti-dumping specialization to respond to authorities in Vietnam.
Accordingly,
after initiating the investigation, the Ministry of Industry and Trade will
send the questionnaires to related parties to collect information to analyze
and evaluate the alleged contents including the following acts:
+ Dumping
behavior of BOPP film export enterprises of China, Thailand and Malaysia;
+ Damage of BOPP
film manufacturing industry in Vietnam.
In case of
necessity, from the preliminary investigation results, if found that the damage
of dumping has a great impact on the domestic manufacturing industry, the
Ministry of Industry and Trade may apply anti-dumping measures. The period
includes import management for investigated goods, application of temporary
anti-dumping duties, consultations and application of anti-dumping duties
effective before.
The Ministry of Industry and Trade will conduct the verification
and examine the information provided by the parties before completing the
official investigation conclusion on the case. At the same time, the Ministry
of Industry and Trade will also hold public consultations so that stakeholders
can directly exchange, provide information and express their views on the case
before making a final conclusion on the case.
Whom could
respond the questionnaire and participate to cooerate?
The Ministry of
Industry and Trade recommends that all organizations and individuals who are
importing – exporting, distributing, trading and using goods subject to
investigation be registered as a related party and provide necessary
information to the Ministry of Industry and Trade to ensure their rights and
interests in accordance with the law.
The Ministry of
Industry and Trade may apply anti-dumping duty which is effective backward for
goods subject to tax within 90 days before the application of temporary
anti-dumping duty. Therefore, the Ministry of Industry and Trade recommends
that organizations and individuals in the process of signing import contracts,
distribution, business and use of investigated goods should pay attention to
the possibility of applying anti-dumping tax. Temporary and anti-dumping taxes
are effective backwards.
