What types of goods are not subject to anti-dumping duty in Vietnam?
What goods are subject to anti-dumping duty in Vietnam?
Pursuant to Clause 3, Article 77 of the Law on Foreign Trade Management 2017, anti-dumping measures include:
(i) Application of anti-dumping duty;
(ii) Commitment to measures for excluding dumping by organizations, individuals producing, exporting goods that are required to apply anti-dumping measures with the Investigation Agency of Vietnam or with domestic producers if approved by the Investigation Agency.
Simultaneously, pursuant to Clause 5, Article 4 of the Law on Export and Import Tax 2016, anti-dumping duty is explained as an additional import tax applied in cases where imported dumped goods into Vietnam cause or threaten to cause significant damage to the domestic production industry or hinder the establishment of the domestic production industry.
Thus, anti-dumping duty is only applied to imported goods into Vietnam that are determined to have been dumped causing or threatening to cause significant damage to the domestic production industry or hindering the establishment of the domestic production industry.
What types of goods are not subject to anti-dumping duty in Vietnam? (Image from Internet)
What types of goods are not subject to anti-dumping duty in Vietnam?
The conditions for applying anti-dumping measures are stipulated in Article 78 of the Law on Foreign Trade Management 2017 as follows:
Conditions for applying anti-dumping measures
1. Anti-dumping measures are applied to imported goods when the following conditions are met:
a) Goods imported into Vietnam are dumped with a specific determined margin of dumping, except as prescribed in Clause 2 of this Article;
b) The domestic production industry suffers significant damage or is threatened to cause significant damage or prevent the establishment of the domestic production industry;
c) There exists a causal relationship between the import of dumped goods stipulated in Point a, Clause 1 and the damage to the domestic production industry stipulated in Point b, Clause 1.
2. Anti-dumping measures are not applied to imported goods with a dumping margin not exceeding 2% of the export price of goods into Vietnam.
3. In cases where 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 countries meeting the above condition does not exceed 7% of the total volume or quantity of similar goods imported into Vietnam, then these countries are excluded from applying anti-dumping measures.
Thus, for the following goods, anti-dumping duty is not applied:
- Imported goods with a dumping margin not exceeding 2% of the export price of goods into Vietnam.
- Imported goods originating from a country with 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 countries meeting the above condition does not exceed 7% of the total volume or quantity of similar goods imported into Vietnam.
What is the duration for applying the anti-dumping duty in Vietnam?
Pursuant to provisions in Clause 3, Article 12 of the Law on Export and Import Tax 2016 regarding the duration of applying anti-dumping duty as follows:
Anti-dumping duty
- Conditions for applying anti-dumping duty:
a) Dumped goods are imported into Vietnam and the margin of dumping must be determined specifically;
b) The dumping of goods is the cause of or threatens to cause significant damage to or hinders the establishment of the domestic production industry.
- Principles for applying anti-dumping duty:
a) Anti-dumping duty is applied only to the necessary, reasonable extent to prevent or limit significant damage to the domestic production industry;
b) Anti-dumping duty application is implemented after investigation and must be based on investigation conclusions as per the legal provisions;
c) Anti-dumping duty is applied to goods dumped into Vietnam;
d) The application of anti-dumping duty must not cause damage to domestic socio-economic interests.
- The duration for applying the anti-dumping duty is not more than 05 years, from the effective date of the decision on application. In necessary cases, the decision on anti-dumping duty application can be extended.
Thus, the duration for applying the anti-dumping duty is not more than 05 years, from the effective date of the decision on application.
