What are the main contents of the decision on countervailing investigations in Vietnam?
What is the time limit for countervailing investigations in Vietnam?
According to Clause 3, Article 70 of the 2017 Law on Foreign Trade Management in Vietnam on the procedures for trade remedy investigations as follows:
Procedures for trade remedy investigations
…
3. The time limit for the investigation is specified as follows:
a) Anti-dumping and countervailing investigations shall be completed in 12 months from the day on which the decision on investigation is issued. In some special cases, the Minister of Industry and Trade may extent the time limit for investigation but the total time limit shall be 18 months;
b) The safeguard investigation shall be completed in 09 months from the day on which the decision on investigation is issued. In some special cases, the Minister of Industry and Trade may extent the time limit for investigation but the total time limit shall be 12 months;
At the same time, according to the provisions of Clause 1, Article 34 of Decree No. 10/2018/ND-CP on the period of investigation as follows:
Period of investigation
1. The period of anti-dumping and countervailing investigation is 12 months. In special cases, the investigating body may determine another investigation period but not less than 06 months.
Thus, according to regulations, the time limit for the investigation is prescribed as follows:
- The countervailing investigations shall be completed in 12 months from the day on which the decision on investigation is issued.
- Note: In some special cases,
+ Minister of Industry and Trade may extent the time limit for investigation but the total time limit shall be 18 months;
+ The investigating body may determine another investigation period but not less than 06 months.
What are the main contents of the decision on countervailing investigations in Vietnam? (Image from the Internet)
What are the main contents of the decision of the Minister of Industry and Trade on countervailing investigations in Vietnam?
Pursuant to the provisions of Article 32 of Decree No. 10/2018/ND-CP stipulating the decision of the Minister of Industry and Trade on anti-dumping and countervailing investigation as follows:
Decision on the investigation for imposition of anti-dumping measure and countervailing measure
The decision of the Minister of Industry and Trade of Vietnam on anti-dumping and countervailing investigation shall include the following contents:
1. Specific description of the goods under consideration, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
2. Information on organizations and individuals producing similar goods subject to imposition of anti-dumping measure/countervailing measure;
3. Summary of the information on the dumping on goods/good subsidies imported to Vietnam which causes significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
4. Procedures of the anti-dumping and countervailing investigation.
Thus, the decision of the Minister of Industry and Trade of Vietnam on anti-dumping and countervailing investigation includes the above main contents.
In what cases does the Minister of Industry and Trade decide to terminate the investigation?
According to Article 71 of the 2017 Law on Foreign Trade Management in Vietnam on the termination of trade remedy investigations as follows:
Termination of trade remedy investigations
The Minister of Industry and Trade shall decide to terminate the investigation in the following cases:
1. The applicant voluntarily withdraws the application;
2. The preliminary determination of the investigating authority shows that there is no injury or threat of injury to the domestic industry or material retardation of establishment of the domestic industry;
3. The final determination of the investigating authority obtains one of the following contents:
a) The product under consideration imported to Vietnam is not dumped, subsidized or imported excessively;
b) There is no injury to the domestic industry prescribed in Clause 2 of Article 69 of this Law;
c) There is no objective evidence of the existence of a causal link between the dumping on imports, import subsidies and the surge of imports and the injury or threat of injury to domestic industry or the material retardation of the establishment of the domestic industry;
4. The investigating authority reaches an agreement with the competent authority of the country which is accused of granting subsidies to its products imported to Vietnam on removing the abovementioned subsidies.
Thus, according to regulations, the Minister of Industry and Trade decides to terminate the investigation in the above cases.
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