What are conditions for not imposing anti-dumping duties on products whose dumping margin are not more than 2 % of export price in Vietnam?

What are conditions for not imposing anti-dumping duties on products whose dumping margin are not more than 2 % of export price in Vietnam?

Based on Article 78 of the Law on Foreign Trade Management 2017, the conditions are stipulated as follows:

Conditions for Applying Anti-Dumping Measures

1. Anti-dumping measures are applied to imported goods when the following conditions are met:

a) The imported goods into Vietnam are being dumped with a determined specific dumping margin, except for the cases specified in Clause 2 of this Article;

b) The domestic industry has suffered significant damage or is threatened with significant damage or the formation of the domestic industry is impeded;

c) A causal relationship exists between the import of dumped goods specified in Point a of this Clause and the damage to the domestic industry specified in Point b of this Clause.

2. Anti-dumping measures are not applied to imported goods with a dumping margin not exceeding 2% of the export price of the goods into Vietnam.

3. If imported goods originate from a country with a volume or quantity not exceeding 3% of the total volume or quantity of similar goods imported into Vietnam, and the total volume or quantity of goods originating from such countries does not exceed 7% of the total volume or quantity of similar goods imported into Vietnam, these countries are excluded from the scope of anti-dumping measures.

According to the above regulation, anti-dumping duties will not be applied to imported goods with a dumping margin above 2%, if these goods originate from a country where the volume or quantity does not exceed 3% of the total volume or quantity of similar goods imported into Vietnam. Additionally, the total volume or quantity of goods from these countries must not exceed 7% of the total volume or quantity of similar goods imported into Vietnam.

What are conditions for not imposing anti-dumping duties on products whose dumping margin are not more than 2 % of export price in Vietnam? (Image from the Internet)

How long is the duration of anti-dumping duty imposion in Vietnam?

According to Clause 3, Article 12 of the Law on Export and Import Duties 2016, the specific duration for imposing anti-dumping duties is stipulated as follows:

Anti-dumping duties

1. Conditions for applying anti-dumping duties:

a) Imported goods are dumped in Vietnam, and the dumping margin must be specifically determined;

b) The dumping of goods is the cause or threat of causing significant damage to the domestic industry or impedes the formation of the domestic industry.

2. Principles of applying anti-dumping duties:

a) anti-dumping duties are only applied as necessary and reasonable to prevent or restrict significant damage to the domestic industry;

b) The imposion of anti-dumping duties is performed after investigation, based on the investigation conclusions as per the law;

c) anti-dumping duties are applied to goods dumped into Vietnam;

d) The imposion of anti-dumping duties should not harm domestic socio-economic interests.

3. The duration for applying anti-dumping duties is not more than 5 years from the effective date of the decision. If necessary, the decision to apply anti-dumping duties may be extended.

Therefore, according to the above stipulation, the duration for imposing anti-dumping duties is not more than 5 years.

What are regulations on authority to decide on the imposition of anti-dumping duties in Vietnam?

According to Article 15 of the Law on Export and Import Duties 2016 regarding the imposion of anti-dumping duties, countervailing duties, and safeguard duties is stipulated as follows:

Imposion of Anti-Dumping, Countervailing, and Safeguard Duties

1. The imposion, modification, and abolition of anti-dumping duties, countervailing duties, and safeguard duties are implemented according to the provisions of this Law and the laws on anti-dumping, countervailing, and safeguard.

2. Based on the tax rate, volume, or value of goods subject to anti-dumping duties, countervailing duties, and safeguard duties, the customs declarant is responsible for declaring and paying taxes in accordance with the law on tax management.

3. The Ministry of Industry and Trade decides on the imposion of anti-dumping duties, countervailing duties, and safeguard duties.

4. The Ministry of Finance stipulates the declaration, collection, payment, and refund of anti-dumping, countervailing, and safeguard duties.

5. In cases where the interests of the Socialist Republic of Vietnam are infringed or violated, based on international treaties, the Government of Vietnam shall report to the National Assembly to decide on the imposion of other safeguard tax measures appropriately.

Therefore, the Ministry of Industry and Trade has the authority to decide on the imposion of anti-dumping duties.