What is the duration for the imposition of provisional anti-dumping duty in Vietnam?

What is the duration for the imposition of provisional anti-dumping duty in Vietnam?

Pursuant to the provisions of Clause 1, Article 81 of the 2017 Law on Foreign Trade Management regarding the duration for the imposition of provisional anti-dumping duty as follows:

- The imposition of provisional anti-dumping duty is decided by the Minister of Industry and Trade based on the preliminary conclusion of the Investigating Authority. The provisional anti-dumping duty rate must not exceed the dumping margin in the preliminary conclusion.

- The duration for the imposition of provisional anti-dumping duty shall not exceed 120 days from the effective date of the decision to apply provisional anti-dumping duties. Upon the request of organizations and individuals exporting similar goods to Vietnam, the Minister of Industry and Trade may extend the imposition of provisional anti-dumping duty for a period not exceeding 60 days.

Thus, the duration for the imposition of provisional anti-dumping duty is not more than 120 days from the effective date of the decision to impose such duties. In cases where there is a request from organizations or individuals exporting similar goods to Vietnam, the Minister of Industry and Trade may extend for an additional 60 days.

What is the duration for the imposition of provisional anti-dumping duty in Vietnam? (Image from the Internet)

Vietnam: What does the decision to impose provisional anti-dumping duties include?

Pursuant to the provisions of Clause 2, Article 37 of Decree 10/2018/ND-CP, the decision to impose provisional anti-dumping duties includes the following main contents:

(1) Description of the imported goods subject to anti-dumping duties, including the name, basic characteristics, main usage, and commodity code in accordance with the Vietnam Export-Import Commodity List and the effective import tax rate applied under the current export-import tariff schedule;

(2) Name, address, and other necessary information of the producers, exporters of the goods subject to provisional anti-dumping duties;

(3) Name of the countries producing and exporting the goods subject to anti-dumping duties;

(4) Temporary anti-dumping duty rate;

(5) Validity and duration of the provisional anti-dumping duties;

(6) Procedures, documentation for inspection, and application of provisional anti-dumping duties.

When shall provisional anti-dumping duties be applied after the Minister of Industry and Trade of Vietnam decides to investigate?

Pursuant to the provisions of Clause 3, Article 37 of Decree 10/2018/ND-CP regarding the timeframe for applying provisional anti-dumping duties as follows:

Application of Provisional Anti-Dumping and Countervailing Duties

1. The application of provisional anti-dumping, countervailing duties, the tax rate, duration of tax application, and extension of the tax application period shall comply with the provisions of Clause 1, Article 81 and Clause 1, Article 89 of the Law on Foreign Trade Management.

2. The decision to apply provisional anti-dumping, countervailing duties includes the following main contents:

a) Description of the imported goods subject to provisional anti-dumping, countervailing duties, including the name, basic characteristics, main usage, commodity code according to the Vietnam Export-Import Commodity List, and the effective import tax rate applied under the current export-import tariff schedule;

b) Name, address, and other necessary information of the producers, exporters of the goods subject to provisional anti-dumping, countervailing duties;

c) Name of the countries producing and exporting the goods subject to provisional anti-dumping, countervailing duties;

d) Temporary anti-dumping, countervailing duty rate;

đ) Validity and duration of the provisional anti-dumping, countervailing duties;

e) Procedures, documentation for inspection, and application of provisional anti-dumping, countervailing duties.

3. Provisional anti-dumping, countervailing duties can be applied no sooner than 60 days from the date the Minister of Industry and Trade decides to investigate.

4. In cases where the provisional anti-dumping, countervailing duties applied is less than the dumping margin, the subsidy level in the preliminary conclusion or when organizations, individuals exporting the investigated goods into Vietnam request an extension and the volume, quantity of investigated goods of those requesting from organizations, individuals constitute a significant portion of the total volume, quantity of investigated goods imported into Vietnam, the Minister of Industry and Trade may extend the provisional duty, but the extension shall not exceed 60 days.

Thus, provisional anti-dumping duties are applied no sooner than 60 days from the date the Minister of Industry and Trade decides to investigate.