Procedure for Reviewing the Application of Anti-Dumping Measures on MSG Products Originating from China and Indonesia: How is it Conducted?
First Review Results on Official Anti-dumping Measures Application to Monosodium Glutamate Products Originating from the People’s Republic of China and the Republic of Indonesia
On June 19, 2023, the Minister of Industry and Trade issued Decision 1466/QD-BCT of 2023 on the second review of the anti-dumping measures applied to monosodium glutamate products originating from China and Indonesia.
On July 22, 2020, the Ministry of Industry and Trade issued Decision 1933/QD-BCT of 2020 on the official anti-dumping tax application to monosodium glutamate products originating from the People’s Republic of China and the Republic of Indonesia.
Subsequently, on April 6, 2022, the Ministry of Industry and Trade issued Decision 640/QD-BCT of 2022 on the first review results of the case.
According to Clause 1, Article 58 of Decree 10/2018/ND-CP detailing certain articles of the Law on Foreign Trade Management regarding trade remedies (Decree 10/2018/ND-CP):
“…within 60 days before the end of one year from the date of issuance of the decision on the application of official anti-dumping measures, countervailing measures, or the latest decision on the review results of anti-dumping measures, countervailing measures, the related parties as stipulated in Article 59 of this Decree may file a request for a review file…”
To be specific:: Article 59 of Decree 10/2018/ND-CP stipulates about the request for review.
Party Requesting Review
The following organizations and individuals have the right to file a request for review of the application of anti-dumping, countervailing measures as prescribed in Article 58 of this Decree:
1. Domestic producers as stipulated in Clause 2, Article 79 and Clause 2, Article 87 of the Law on Foreign Trade Management;
2. Foreign producers, exporters have the right to file a request for review of the application of anti-dumping, countervailing measures against their own products;
3. Importers of goods subject to anti-dumping, countervailing measures;
4. the Government of Vietnam of foreign producers, exporters have the right to file a request for review of the application of countervailing measures against their own products.
After the deadline for receiving review request files, the investigating authority received a review request file from a group of companies producing and exporting goods originating from the People's Republic of China (China), specifically the Fufeng Group.
Which goods are subject to review in the application of anti-dumping measures to monosodium glutamate products originating from China and Indonesia?
Section 2 of the Announcement issued together with Decision 1466/QD-BCT of 2023 clearly states the goods subject to review include the following:
- Goods subject to review are monosodium glutamate products (also known as MSG, mononatri glutamate, monosodium L-glutamate, sodium glutamate, the sodium salt of glutamic acid).
- Classified by commodity codes (HS Code): 2922.42.20.
- Originating from the People's Republic of China.
- Current anti-dumping tax rate: From 3,445,645 VND/ton to 6,385,289 VND/ton depending on the manufacturer/exporter and the country of origin. The specific tax rates are detailed in the Announcement issued accompanying Decision 640/QD-BCT.
Additionally, Section 3 of the Announcement issued together with Decision 1466/QD-BCT of 2023 also stipulates the review content as follows:
The Fufeng Group requests the Ministry of Industry and Trade to review the anti-dumping tax rate applied to the Group.
Based on the review request file and the accompanying evidence related to the request to reassess the dumping margin, according to Article 82 of the Law on Foreign Trade Management 2017 and Article 60 of Decree 10/2018/ND-CP, the investigating authority conducts a review on the dumping margin of the Fufeng Group and will issue review conclusions on the dumping level and propose the anti-dumping tax rate applied to the Fufeng Group.
Thus, the Ministry of Industry and Trade has continued to apply anti-dumping tax:
- For Chinese enterprises: 3,445,645 - 6,385,289 VND/ton.
Review procedure for the application of anti-dumping measures to monosodium glutamate products originating from China and Indonesia (Image from the Internet)
What are the review procedures in the application of anti-dumping measures to monosodium glutamate products originating from China and Indonesia?
Section 5 of the Announcement issued together with Decision 1466/QD-BCT of 2023 stipulates the investigating authority shall proceed with the investigation and review procedures as follows:
- Registering interested parties
- Review questionnaire
- On-site investigation
- Language and writing during the review process
- Confidentiality of information
- Cooperation during the review process
- Review period
Based on the review request files submitted by the related parties in accordance with the law, the Ministry of Industry and Trade has also stipulated the review period from April 1, 2022, to March 31, 2023.
To ensure benefits for all organizations and individuals related to the case, the Trade Remedies Authority has recommended that organizations and individuals register as interested parties in the review to access publicly circulated information during the review process, submit comments, information, and evidence related to the review content, and cooperate with the Trade Remedies Authority during the inspection review.
The Decision and Announcement to conduct the review can be accessed at the Ministry of Industry and Trade's online portal: www.moit.gov.vn or the Trade Remedies Authority: www.trav.gov.vn or www.pvtm.gov.vn.
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