What are the bases of commitment in the anti-dumping and countervailing investigation in Vietnam?

May I ask: What are the bases of commitment in the anti-dumping and countervailing investigation in Vietnam? Question of Mr. Hai from Quang Tri.

What are the bases of commitment in the anti-dumping and countervailing investigation in Vietnam?

Pursuant to Clause 4, Article 38 of Decree No. 10/2018/ND-CP stipulating as follows:

Imposition of commitment measures in the anti-dumping and countervailing investigation
1. After the Minister of Industry and Trade issues the decision on imposition of temporary anti-dumping tax and countervailing tax and within 30 days before the end of the investigation phase, the producers and exporters of goods under consideration or the Government of the requested party in case of countervailing investigation (hereinafter referred as ‘requesting party’) may send written commitments to eliminate dumping and subsidies) (hereinafter referred to as ‘commitment’) to the investigating authority.
2. The commitment includes the following contents:
a) Scope of goods;
b) Reference prices include self-determined prices, price increases and price adjustment options;
c) Periodic notification obligation;
d) Obligation to cooperate with the investigating authority in the implementation of the commitments;
dd) Other contents deemed appropriate by the investigating authority.
3. Within 30 days after the receipt of the commitments, the investigating authority shall review and report to the Minister of Industry and Trade for decision.
4. The commitment shall be considered on the following basis:
a) Whether the imposition of the commitments can overcome the significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
b) Whether the existing management mechanism can effectively monitor the implementation of commitments;
c) Ability to evade anti-dumping, countervailing measures through commitments;
d) Other factors deemed appropriate by the investigating authority.
5. The investigating authority shall only review the commitments of the requesting parties who have sufficiently cooperated during the investigation period. During the review of the commitments, the investigating authority may request for adjustment of the commitments. If the requesting party agrees to adjust the commitment, the requesting party must send the adjusted commitment to the investigating authority.
6. The investigating authority shall public the commitments to involved parties. The involved parties may submit written opinions within the time limit specified in the notice. If the commitment contains confidential information, the requesting party shall implement security as prescribed in Articled 11 hereof.

Thus, according to the above provisions, the commitment in the anti-dumping and countervailing investigation shall be considered on the following basis:

- Whether the imposition of the commitments can overcome the significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

- Whether the existing management mechanism can effectively monitor the implementation of commitments;

- Ability to evade anti-dumping, countervailing measures through commitments;

- Other factors deemed appropriate by the investigating authority.

What are the bases of commitment in the anti-dumping and countervailing investigation in Vietnam?

What are the bases of commitment in the anti-dumping and countervailing investigation in Vietnam? (Image from the Internet)

How does the investigating authority monitor the implementation of commitments in the anti-dumping and countervailing investigation in Vietnam?

Pursuant to Clause 2, Article 40 of Decree No. 10/2018/ND-CP stipulating as follows:

Monitoring the implementation of commitments
1. When the commitment is approved, the requesting party shall be monitored by the investigating authority in the implementation of the commitment.
2. The investigating authority shall monitor the implementation of commitments as follows:
a) Request the requesting party to periodically provide information and documents related to the implementation of the commitment and prove the accuracy of such information and documents;
b) Periodically compare the information provided by the requesting party on quantity, volume and prices of goods subject to the commitment imported to Vietnam with the information provided by the customs authority;
c) Conduct site investigation to the requesting party if necessary;
d) Check the information with the importers of the requesting party;
dd) Other forms deemed appropriate by the investigating authority.

Thus, according to the above provisions, the investigating authority shall monitor the implementation of commitments in the anti-dumping and countervailing investigation as follows:

- Request the requesting party to periodically provide information and documents related to the implementation of the commitment and prove the accuracy of such information and documents;

- Periodically compare the information provided by the requesting party on quantity, volume and prices of goods subject to the commitment imported to Vietnam with the information provided by the customs authority;

- Conduct site investigation to the requesting party if necessary;

- Check the information with the importers of the requesting party;

- Other forms deemed appropriate by the investigating authority.

When is the temporary anti-dumping tax and countervailing tax imposed?

Pursuant to Clause 3, Article 37 of Decree No. 10/2018/ND-CP stipulating as follows:

Imposition of temporary anti-dumping tax and countervailing tax
1. The imposition of temporary anti-dumping tax, countervailing tax, tax rate, the tax imposition time limit and the extension of the tax imposition time limit shall comply with the regulations specified in Clause 1 Article 81 and Clause 1 Article 89 of the Law on foreign trade management.
2. The decision on imposition of temporary anti-dumping tax and countervailing tax includes the following contents:
a) Description of the imports subject to imposition of anti-dumping tax and countervailing tax, including names, basic characteristics and main purpose, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to current export tariff and import tariff;
b) Names, addresses and other necessary information of producers and exporters of goods subject to imposition of temporary anti-dumping and countervailing tax;
c) Name of the country producing and exporting goods subject to imposition of anti-dumping tax and countervailing tax;
d) Temporary anti-dumping tax and countervailing tax rates;
dd) Effective date and duration of the imposition of temporary anti-dumping tax and countervailing tax;
e) Procedures and dossiers for examination and imposition of temporary anti-dumping tax and countervailing tax.
3. The temporary anti-dumping tax and countervailing tax shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade.
4. In case the temporary anti-dumping tax, countervailing tax are imposed at a lower rate compared to the dumping margin/level of subsidies in the preliminary conclusion or in case the exporting organizations and individuals of goods under consideration imported into Vietnam request for extension of the imposition of temporary anti-dumping tax, countervailing tax and the volume and quantity of goods under consideration of the requesting exporters account for a considerable proportion of the total volume and quantity of goods under consideration imported into Vietnam, The Minister of Industry and Trade may extend the period of imposition of temporary anti-dumping tax and countervailing tax, but the extension shall not exceed 60 days.

Thus, according to the above provisions, the temporary anti-dumping tax and countervailing tax shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade.

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