What are the contents of the final review of the imposition of countervailing measures in Vietnam? When is the deadline for submission of the dossiers for final review?
What are the contents of the final review of the imposition of countervailing measures in Vietnam?
Pursuant to Article 63 of Decree No. 10/2018/ND-CP stipulating the final review of imposition of anti-dumping measures and countervailing measures:
Contents of the final review of imposition of anti-dumping measures and countervailing measures
1. The investigating authority shall carry out a final review to assess the possibility of continuation or recurrence of dumping or subsidizing acts causing damage to domestic industries in case of termination of anti-dumping measures/countervailing measures.
2. The final review of imposition of anti-dumping measures and countervailing measures shall include the following contents:
a) The possibility of imported goods being dumped, subsidized if anti-dumping or countervailing measures are terminated;
b) The possibility that a domestic industry suffers or may suffer from serious damage if anti-dumping or countervailing measures are terminated
c) The causal relationship between the possibility of dumping on imports/import subsidies and the damage that likely occurs to a domestic industry.
The final review of imposition of anti-dumping measures and countervailing measures shall include the following contents:
- The possibility of imported goods being dumped, subsidized if anti-dumping or countervailing measures are terminated;
- The possibility that a domestic industry suffers or may suffer from serious damage if anti-dumping or countervailing measures are terminated
- The causal relationship between the possibility of dumping on imports/import subsidies and the damage that likely occurs to a domestic industry.
What are the contents of the final review of the imposition of countervailing measures in Vietnam? When is the deadline for submission of the dossiers for final review? (Image from the Internet)
When is the deadline for submission of the dossiers for final review?
According to Article 62 of Decree No. 10/2018/ND-CP providing for submission of the dossiers for final review:
Submission of the dossiers for final review
1. At least 12 months before the decision on imposition of anti-dumping measures and countervailing measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of anti-dumping measures and countervailing measures
2. Within 30 days since the notice of the investigating authority, the domestic producer representing the domestic industry according to Clause 2 Article 79 and Clause 2 Article 87 of the Law on foreign trade management may submit the dossiers for final review of imposition of anti-dumping measures and countervailing measures.
Thus, according to regulations, within 30 days since the notice of the investigating authority, the domestic producer representing the domestic industry according to Clause 2 Article 79 and Clause 2 Article 87 of the Law on foreign trade management may submit the dossiers for final review of imposition of anti-dumping measures and countervailing measures.
How long is the time limit for imposition of countervailing duties on imports according to international regulations?
According to Clause 21.3, Article 21 of Agreement No. 217/WTO-VB on Subsidies and Countervailing Measures in 1994, the period of imposition and review of countervailing duties and commitments is as follows:
Application period, countervailing tax review and commitments
...
21.3 Notwithstanding Clauses 1 and 2, countervailing duties shall be terminated on a date not later than five years from the date of imposition (or from the date of the most recent review pursuant to paragraph 2, if the review includes taxes and harm, or as provided for in this Clause) unless, prior to that date, the competent authority conducting the review on its own, or upon request with sufficient valid evidence by or on behalf of domestic industry, shall be entitled to, within a reasonable period of time, before the expiration of the period, decide that he cessation of taxation has the potential to cause subsidies and harm to continue or recur. Pending the conclusion of that review, countervailing duties may continue.
Thus, according to international regulations, notwithstanding Clauses 1 and 2, countervailing duties shall be terminated on a date not later than five years from the date of imposition (or from the date of the most recent review pursuant to paragraph 2, if the review includes taxes and harm, or as provided for in this Clause) unless, prior to that date, the competent authority conducting the review on its own, or upon request with sufficient valid evidence by or on behalf of domestic industry, shall be entitled to, within a reasonable period of time, before the expiration of the period, decide that he cessation of taxation has the potential to cause subsidies and harm to continue or recur. Pending the conclusion of that review, countervailing duties may continue.
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