How to become a representative of domestic industry when requesting imposition of countervailing duties in Vietnam?
How to become a representative of domestic industry when requesting imposition of countervailing duties in Vietnam?
According to Clause 2, Article 87 of the 2017 Law on Foreign Trade Management in Vietnam, the bases for conducting countervailing duty investigations are prescribed as follows:
Bases for conducting countervailing duty investigations
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2. The application for the countervailing measures shall be considered to have been made on behalf of the domestic industry if the following conditions are satisfied:
a) The total production of like products produced by the applicant(s) and domestic producers supporting the application is greater than those produced by domestic producers that object to the application;
b) The total production of like products produced by the applicant(s) and domestic producers supporting the application accounts for at least 25% of total production of like products produced by the domestic industry.
Thus, according to the above regulations, the application for the countervailing measures shall be considered to have been made on behalf of the domestic industry if the above conditions are satisfied.
How to become a representative of domestic industry when requesting imposition of countervailing duties in Vietnam? (Image from the Internet)
What must be included in the written request for imposition of countervailing measures in Vietnam?
Pursuant to Article 29 of Decree No. 10/2018/ND-CP stipulating the application for imposition of countervailing measures as follows:
Application for imposition of countervailing measures in Vietnam
1. The application for imposition of countervailing measure includes a written request for imposition of countervailing measure and related documents.
2. The written request for imposition of countervailing measures includes the following contents:
a) Name, address and other necessary information of the organization/individual representing the domestic industry;
b) Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods; volume and quantity of similar goods produced by the above organizations and individuals;
c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;
d) Description of the imports subject to investigation of imposition of countervailing measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; 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;
dd) Description of similar goods of the domestic industry, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;
e) Information on the volume, quantity and value of the imports specified in Point d of this Clause within 12 months prior to the submission of dossiers;
g) Information on the volume, quantity and value of similar goods of the domestic industry specified in Point dd of this Clause within 12 months prior to the submission of dossiers; except where the domestic industry operates less than 12 months;
h) Information and evidences of foreign subsidies, including the existence of subsidies; the allegedly subsidizing country; name and address of the foreign organization or individual accused of receiving the subsidies; form and policy of subsidy; quantity, volume and value of the subsidy;
i) Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
k) Information, data and evidences on the causal relationship between the import of goods specified in Clause d this Point and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
l) Specific requirements on the imposition of countervailing measures, the duration and the extent of imposition.
Thus, a written request for imposition of countervailing measures includes the above contents.
When is a countervailing duty investigation conducted?
According to Clause 1, Article 87 of the 2017 Law on Foreign Trade Management in Vietnam, the bases for conducting countervailing duty investigations are prescribed as follows:
Bases for conducting countervailing duty investigations
1. A countervailing duty investigation will be conducted if a representative of the domestic industry requests for the imposition of countervailing measures.
Thus, according to the above regulations, a countervailing duty investigation will be conducted if a representative of the domestic industry requests for the imposition of countervailing measures.
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