Questionnaire on Anti-Dumping Investigation on Some Monosodium Gluamate Products Case AD09

Pursuant to Decision No. 3267/QD-BCT dated on November 15^th, 2019 of the Minister of Industry and Trade on investigating to impost anti-dumping measures on some monosodiumgluamate (MSG) products originating from the People’s Republic of China and theRepublic of Indonesia (code no.AD09), the Department of Trade Remedies issued an anti-dumping investigation questionnaire to foreign manufacturers/exporters.

Anti-dumping Lawyers in Vietnam 

The Investigating Authority requires all relevant foreign manufacturers/exporters to cooperate and participate sufficiently during the investigation. The content of the response will be the basis for the Investigating Authority to review and draw a conclusion of the investigation of this case. In the event that the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties; information and documents collected by the Investigating Authority or available information and documents for drawing a conclusion.

The relevant parties must respond to the Investigating Authority before 17:00 December 23^rd, 2019 (Hanoi time).

To ensure its rights and interests, the relevant parties who want to extend the time limitation of response are suggested registration of extension before November 30^th, 2019 (Hanoi time). If the manufacturers/exporters registers after the deadline, it is possible that the Investigating Authority shall not appove their registration. For registration of relevant parties, organizations and individuals register according to the form of relevant party registration form issued in Appendix 1 attached to Circular 06/2018/TT-BCT and send it to the Investigating Authority via post office or email.

International Trade legal department of ANT Lawyers, a law firm in Vietnam would help client in anti-dumping cases response and following up in Vietnam with the Ministry of Trade and Commerce

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Vietnam to Investigate Anti- dumping Measures on Some Monosodium Glutamate (MSG)

On October 31^st, 2019 Ministry of Industry and Trade issued the Decision no. 3267/QD-BCT on carrying out investigation anti- dumping measures on some monosodium glutamate (MSG) HS code no. 2922.42.20 originating from the People’s Republic of China and Republic of Indonesia.

Anti-dumping Law Firm in Vietnam

The case has been initiated based on request by representative of domestic manufacturing industry on August 19^th, 2019. The requesting party and supporting party are three companies representing domestic manufacturing industry, including: Vedan Vietnam Joint Stock Limited Company, Ajinomoto Vietnam, and Miwon Vietnam Limited Company. Products under investigation are Monosodium Glutamate products (MSG Products).

After having the investigation decision, within 15 days, investigating agency shall send the questionnaire to the relevant parties. The relevant parties shall submit written response to all questions in the questionnaire within 30 days from the date of receiving the investigation questionnaires. The date of receiving the investigation questionnaires shall be set at seventh days after the investigation questionnaires are sent by investigating authority.

Investigating agency has issued official dispatch no. 760/PVTM-P1 on September 04^th, 2019 which requires requesting party to supplement, adjust to clarify contents, methods and basis of determining dumping margins amplitude and damages of domestic manufacturing industry.

The relevant parties shall register participation in investigation within 30 days from the date of issuance of Decision No.3267/QD-BCT. The Vietnam Ministry of Industry and Trade recommends that all organizations and individuals who are manufacturer of products under investigation should register as a relevant party and provide necessary information to the Ministry of Industry and Trade to ensure their rights and interests in accordance with the law of Vietnam.

As international tradelaw firm in Vietnam with experience in representing companies in anti-dumping investigation cases, ANT Lawyers always follows up the development of anti-dumping investigations and provide clients with recent update.

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Anti-Dumping Measures for Some received Cold-rolled (Cold-pressed) Steels Under Plate and Coil Form From China (AD08)

On May 03^rd, 2019, the Trade Remedies Authority – Ministry of Industry and Trade a dossier requesting investigation and imposition of anti-dumping measures for some cold-rolled (cold-pressed) steels under plate and coil form which are alloy or non-alloy steel products rolled flat into plate or coil. The requesters being representative of domestic manufacturing industry include: (1) Posco Vietnam Co., LTD; (2) China Steel Sumikin Vietnam Joint Stock Company; and (3) Vnsteel – Phu My Flat Steel Company Limited, a subsidiary of Vietnam Steel Corporation request to impose anti-dumping tax equivalent to 21.3% for products originating from China.

Anti-dumping Law Firm in Vietnam

On September 03^rd, 2019, the Ministry of Industry and Trade issued Decision No.2703/QD-BCT on anti-dumping investigation and imposition on some cold-rolled (cold-pressed) steels under plate and coil form originating from the People’s Republic of China.

Within 15 days after the issuance of Decision No.2703/QD-BCT, the Investigating Authority shall send the investigation questionnaire to the relevant parties. The relevant parties shall submit written response to all questions in the questionnaire within 30 days from the date of receiving the investigation questionnaires. The date of receiving the investigation questionnaires shall be set at seventh days after the investigation questionnaires are sent by Investigating Authority.

In case of necessary or reasonable request from relevant parties, the investigating authority may extend the time limit but not more than 30 days.

The relevant parties shall register participation in investigation within 30 days from the date of issuance of Decision No.2703/QD-BCT. The Ministry of Industry and Trade recommends that all organizations and individuals who are importing – exporting, distributing, trading and using products under investigation should register as a relevant party and provide necessary information to the Ministry of Industry and Trade to ensure their rights and interests in accordance with the law.

As international trade law firm with experience in previous investigations, ANT Lawyers always follows up the development of anti-dumping investigation and provide clients with recent update.

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Deadline for submission of AD07 case response questionnaire

On August 5^th 2019, Minister of The Ministry of International Trade and Industry issued the decision no. 2334/QĐ- BCT on the investigation of the application of anti-dumping measures on some plastics and plastic products made from propylene polymers comes from the People’s Republic of China, the Kingdom of Thailand and Malaysia (AD07). The case was initiated under investigation based on a request filed by a local manufacturing industry representative on April 26^th, 2019.

Anti-dumping Law Firm in Vietnam 

Pursuant to Official Letter No. 704 / PVTM-P1 sent by the Vietnam Chamber of Commerce and Trade to all parties involved in the AD07 case on August 19, 2019, asking foreign manufacturers and exporters to conduct questionnaires. The investigation has been posted publicly on the website of the investigating authority and the Ministry of Industry and Trade or contacting the investigation office of the Department of Trade Remedies to receive the questionnaire.

Related post: Vietnam Investigates and Applies Anti-Dumping Measures on Some Plastic Products from China, Thailand and Malaysia (AD07)

After completing the questionnaire, the manufacturers and exporters related to the case AD07 send the complete questionnaire including 03 confidential copies, 03 public copies (hard copy) and 01 USB containing the soft copy of the answer. The answer is considered to be submitted on time when the Investigation Agency receives all hard and soft copies before 4:30 pm on September 25, 2019 (Hanoi time). Investigating agencies request stakeholders to answer and carefully study the instructions in the questionnaire before answering and submit the questionnaire within the prescribed time limit. Beyond this period, all questionnaires submitted to the investigating authority are not considered valid.

In the event that the investigating authority does not receive the timely response or the information provided incorrectly, incompletely as required, the investigating authority will apply the provisions of Article 10 of Decree 10/2018/ ND- CP on related parties not cooperating in trade defense cases.

As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

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Vietnam Investigates Anti-dumping of Fiber Board Wood Products from Thailand and Malaysia (AD06)

On April 16^th, 2019, Ministry of Industry and Trade of Vietnam has promulgated Decision No. 940/QD-BCT on investigation into imposition of anti-dumping measures for fiber board products made of wood or other wood materials originated from Kingdom of Thailand and Malaysia (Case number AD06).

Summary of the Vietnam anti-dumping case AD06:

The requesting party is four (04) companies representing the domestic industry who have filed the Application for Investigation on October 18^th, 2018, including VRG KIEN GIANG MDF JOINT STOCK COMPANY; VRG DONGWHA MDF JOINT STOCK COMPANY; MDF VRG – QUANG TRI WOOD JOINT STOCK COMPANY; KIM TIN MDF STOCK COMPANY.

Scope of investigation on Vietnam anti-dumping case AD06:

The imported products alleged of dumping are some fiber board products of wood or other ligneous materials, whether or not assembled with glue or other organic adhesives, uncoated and unwrought, with the HS codes: 4411.12.00, 4411.13.00, 4411.14.00, 4411.92.00, 4411.93.00, 4411.94.00 from Thailand and Malaysia. The investigating period to determine dumping behavior is from Jan 1^st to Dec 31^st, 2018. The investigating period to determine the damages of the domestic manufacturing industry is from Jan 1^st, 2015 to Dec 31^st, 2018

The alleged dumping margin in Vietnam anti-dumping case AD06:

Imported Products from Thailand and Malaysia subject to anti-dumping measures imposition investigation are alleged with specified dumping margins respectively rate of 50,6% and 18,59%.

Damages and causal relation relating to Vietnam anti-dumping case AD06:

The products alleged of dumping are considered the main cause of significant losses of the domestic industry in the sales growth, profits, profit margins, wages, actual capacity, inventory.

Registration for interested party to Vietnam anti-dumping case AD06:

The organizations, individuals can register to be recorded as the related parties in this case with the Investigation Authority by the way sending the application according to the application form for the related party by May 15^th, 2019.

The investigation questionnaire of Vietnam anti-dumping case AD06:

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 seek answer to i) Producers of similar domestic goods; ii) Foreign producers and exporters exporting goods subject to anti-dumping and countervailing investigation into Vietnam which the investigating authority knows; iii) The representative in Vietnam of the government of the country producing and exporting goods subject to anti-dumping and countervailing investigations; iv) Importers of goods subject to anti-dumping and countervailing investigations; and Other related parties.

Within 30 days after receiving the investigation questionnaires, the interested parties must provide written replies to all questions in the questionnaire. In case of necessity or there are written requests for extension with reasonable reasons from the interested parties, the investigating authority may extend the time limit but not more than 30 days.

Please be informed that the time limit for the antidumping 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.

Law Firm in Vietnam - ANT Lawyers International Trade Lawyers assist to represent the foreign clients to submit the answer at The Division of Dumping and Subsidies Investigation, Trade Remedies Authority- Ministry of Industry and Trade of Vietnam.

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Decision No. 33/QD-BCT of anti-dumping investigation for some products of aluminum, alloy or non-alloy originated from China (AD05).

On Jan 10^th, 2019, Trade Remedies authority of Vietnam (Ministry of Industry and Trade) has promulgated Decision No. 33/QD-BCT on investigation into imposition of anti-dumping measures for some products of aluminum, alloy or non-alloy which are in bar, stick and shape form originated from China (Case number AD05).

International Trade Lawyers in Vietnam

Summary of the case:

The requesting party is four (04) shaped aluminum manufacturers representing the domestic industry, including AUSTDOOR ALUMINUM JOINT STOCK COMPANY, TUNG YANG COMPANY LIMITED, SONG HONG ALUMINUM JOINT STOCK COMPANY (SHALUMI) and MIENHUA GROUP JOINT STOCK COMPANY. 

Scope of investigation:

The imported products are alleged of dumping are some products of aluminum, alloy or non-alloy which are in bar, stick and shape form, with the HS codes of: 7604.10.10; 7604.10.90; 7604.21.90; 7604.29.10; 7604.29.90 from China. The investigating period to determine dumping behaviour is from Jan 1^st to Dec 31^st, 2018. The investigating period to determine the damages of the domestic manufacturing industry is from Jan 1^st, 2015 to Dec 31^st, 2018.

The alleged dumping margin:

Imported products from China subject to anti-dumping measures imposition investigation are alleged with specified dumping margins rate of 35,58%.

Damages and causal relation

The products alleged of dumping are considered the main cause of significant losses in the domestic manufacturing industry, reflected in the decline in the indexes such as utilization capacity, inventory, profit, and dynamic price, price pressure…

Registration for interested party

According to regulation of Article 74 of the current Law on Foreign Trade Management of Vietnam, Interested parties include:

-Overseas organizations and individuals that produce and export products under consideration to Vietnam;

-Importers of products under consideration;

-Foreign associations whose majority of members are organizations and individuals producing and exporting products under consideration;

-The Government and competent authorities of the exporting country of product under consideration;

-Organizations and individuals that submit the application for the trade remedies;

-Domestic producers of like products;

-Domestic associations whose majority of members are producers of like products;

-Other organizations and individuals that obtain legal rights and interests related to the investigated cases or facilitate the investigation or representative organizations of protection of customer rights.

As such, an organization or individual shall register and be approved by the investigating authority to become an interested party.

The organizations, individuals can register to be recorded as the related parties in this case with the Investigation Authority by the way sending the application according to the application form for the related party provided in Appendix No. 1 attached the Circular No.06/2018/TT-BCT. Deadline for registration of the interested party is before 5p.m on Feb 28^th, 2019.

 The investigation questionnaire

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:

-Producers of similar domestic goods;

-Foreign producers and exporters exporting goods subject to anti-dumping and countervailing investigation into Vietnam which the investigating authority knows;

-The representative in Vietnam of the government of the country producing and exporting goods subject to anti-dumping and countervailing investigations;

-Importers of goods subject to anti-dumping and countervailing investigations;

-Other related parties.

Within 30 days after receiving the investigation questionnaires, the interested parties must provide written replies to all questions in the questionnaire. In case of necessity or there are written requests for extension with reasonable reasons from the interested parties, the investigating authority may extend the time limit but not more than 30 days.

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 authorise law firm in Vietnam with international trade and anti-dumping specialization to respond to authorities in Vietnam.

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Anti-dumping of Goods Imported to Vietnam

Recently, the Ministry of Industry and Trade of Vietnam has carried out investigations to apply anti-dumping measures against some commodities imported into Vietnam.

The law of Vietnam also has a number of law documents governing this matter in detail. Specifically, ordinance No. 20/2004/PL-UBTVQH11 issued on April 29^th, 2004 of the Standing Committee of the National Assembly and the Decree No. 90/2005/ND-CP issued on July 11^th, 2005 governs the anti-dumping matters and the regulations on the implementation of several articles of the ordinance on anti-dumping of goods imported to Vietnam.

In terms of content, ordinance 20/2004 regulating the anti-dumping measures; procedures, contents of investigation for application and the application of such measures against dumped goods imported into Vietnam. Decree 90/2005 regulating the implementation of some articles of the Ordinance 20/2004 on the anti-dumping investigation agency, the Council that handling anti-dumping cases; procedures, contents of investigation and the application of anti-dumping measures to goods imported into Vietnam.

On December 24th, 2015, Ministry of Industry and Trade of Vietnam has received written request from 4 Vietnam companies about applying anti-dumping measures to galvanized steel products imported into Vietnam from People’s Republic of China (including Hong Kong) and South Korea.

The requesting parties (4 Vietnam companies) believe that quantity and prices of the product under investigation and other factors have created negative impact their goods consumption, leaded to negative effects on production activities; for example, domestic goods’ market share has decreased, loss ratio has increased, price of domestic products has fell and inventory has risen… Moreover, increasing import products brings about damage to domestic industry. Hence, an investigation has been implemented by the investigation agency, which is the Vietnam Competition Authority (VCA), under the Ministry of Industry and Trade. The VCA will publicly hold a consultation with related parties before finishing the investigation stage. The Vietnam Ministry of Industry and Trade will apply anti-dumping tax which comes into effect retroactively in order to prevent the considerable increase of dumping goods in Vietnam that have caused damages to the domestic industry.

ANT Lawyers is a law firm in Vietnam having lawyers with specialization in international trade, and dispute especially WTO laws and anti-dumping laws to handle the anti-dumping matters on behalf of manufacturers and traders to achieve the best result.

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