Guidelines for implementing trade remedies in the RCEP Agreement

The Ministry of Industry and Trade has just issued Circular 07/2022/TT-BCT guiding the implementation of trade remedies in the Regional Comprehensive Economic Partnership Agreement (RCEP Agreement).

Accordingly, the guidelines for the implementation of trade remedies in the RCEP Agreement are as follows:

Guidelines for implementing trade remedies in the RCEP Agreement

Guidelines for implementing trade remedies in the RCEP Agreement (Artwork)

1. Anti-dumping and anti-subsidy measures

1.1 Calculation of dumping margin

- When calculating the margin of dumping in one of the following ways, the investigating authority must include all the individual margins, whether positive or negative, into the overall margin of each producer, Foreign export:

+ Comparison between the weighted average value of normal prices with the weighted average value of export prices;

+ Comparison of normal prices with export prices on a transaction-by-transaction basis;

- This provision does not limit the authority of the investigating authority to calculate the margin of dumping by comparing the weighted average value of the normal price with the export price on a transaction-by-transaction basis, provided that: Substantial variation in export prices exists between buyers, geographical regions and time of export.

1.2 Notice

- The investigating authority is obliged to notify at least 07 days in advance to the concerned party about the plan and contents of the on-site investigation to verify the information provided by the related party, provided that the notification does not affect up to the prescribed time limit for investigating the case.

- The investigating authority is obliged to notify in writing the Member country subject to investigation of the receipt of the dossier of request for anti-dumping investigation at least 07 days before the Minister of Industry and Trade decides to initiate an investigation. use anti-dumping measures.

- The investigating authority is obliged to notify in writing the Member State under investigation of the receipt of the dossier of request for anti-subsidy investigation at least 20 days before the Minister of Industry and Trade decides to investigate the application. countervailing measures.

Upon request from the Government of the Member State concerned, the Investigating Authority is obliged to provide a non-confidential copy of the Anti-subsidy Investigation Request File.

1.3 Disclosure of material data

- At least 10 days before the final decision is issued, the investigating authority is obliged to publish in writing the material data in the draft final investigation conclusion.

Related parties have the right to give opinions within the time specified in Clause 1, Article 9 of Decree 10/2018/ND-CP . The investigating agency will consider and respond to the opinions of the parties involved in the final investigation conclusion of the case.

- Material data includes some data as a basis for deciding to apply trade remedies in accordance with regulations on confidential information under current law.

2. Transitional RCEP Safeguards

2.1 Principles of applying a transitional RCEP safeguard measure

- At the same time,  the transitional RCEP safeguard measure and the safeguard measure  specified in Article 91  of the Law on Foreign Trade Management shall not be applied simultaneously to the  same imported goods entitled to import tax rates. special privileges under the RCEP Agreement.

Specifically, safeguard measures under Article 91  of the Law on Foreign Trade Management  include:

+ Apply self-defense tax;

+ Apply import quotas;

+ Applying tariff quotas;

+ Issuing import permits;

+ Other self-defense measures.

- The transitional RCEP safeguard measure is  not applied beyond the transition period .

(Transitional period is the period from the date of entry into force of the RCEP Agreement until the end of 08 years after the date of completion of the elimination or reduction of tariffs for each type of goods according to Vietnam's Tariff Commitments Schedule in the Agreement). RCEP regulations).

2.2 Application for a transitional RCEP safeguard measure

Consists of:

- An application for a transitional RCEP safeguard measure;

- Relevant papers and documents as prescribed in Article 47 of Decree 10/2018/ND-CP.

2.3 Application of a transitional RCEP safeguard measure

- In case of necessity, on the basis of preliminary investigation conclusions, the Minister of Industry and Trade shall decide to apply a provisional RCEP transitional safeguard measure. The application of the interim RCEP interim safeguard measure shall comply with the provisions of Clause 1, Article 95 of the Law on Foreign Trade Management and Article 52 of Decree 10/2018/ND-CP .

- The interim RCEP transitional safeguard measure and the applied transitional RCEP safeguard measure include:

+ Suspend the continued reduction of import tax rates in accordance with the provisions of the RCEP Agreement; or

+ Apply safeguard duty in the form of additional import tax on the goods under investigation.

The total import tax rate according to Vietnam's Special Preferential Import Tariff for the implementation of the RCEP Agreement and safeguard duty shall not exceed the lower level of the preferential import tax rate in effect at the time of application of the measure. or the preferential import tax rates applicable on the day immediately preceding the date of entry into force of the RCEP Agreement.

2.4 Duration of application of a transitional RCEP safeguard measure

- Not to exceed 03 years, including the duration of the interim RCEP transitional safeguard measure.

- In case the duration of application of a transitional RCEP safeguard measure, including the duration of a provisional transitional RCEP safeguard measure, is longer than one year, the transitional RCEP safeguard measure must be gradually reduced in severity. apply.

- The transitional RCEP safeguard measure may be extended for no more than one year based on the results of the end-of-term review.

The process and procedures for the period-end review of the transitional RCEP safeguard measure comply with the provisions of Clause 2, Article 96 of the Law on Foreign Trade Management and Article 69 of Decree 10/2018/ND-CP .

- After the expiration of the time limit for applying the transitional RCEP safeguard measure, the import tax rate applicable to the related goods shall comply with Vietnam's special preferential import tariff schedule for the effective implementation of the RCEP Agreement. at the time of termination of that transitional RCEP safeguard measure.

2.5 Cases in which a transitional RCEP safeguard measure is not applied

- A provisional RCEP transitional safeguard measure and a transitional RCEP safeguard measure shall not apply to goods originating in a Member that meets the following conditions :

+ The share of imports of the good concerned originating from that Member State in terms of volume, the quantity of which does not exceed 3% of the total imports of that good from all Member States;

+ The total market share of imports of the good concerned originating from the above-mentioned Member States in terms of volume, the quantity of which shall not exceed 9% of the total imports of such good from all the Member States.

- The interim RCEP transitional safeguard measure and the transitional RCEP safeguard measure shall not be applied to goods originating in a LDC .

The determination of the list of least developed member countries shall comply with the provisions of Clause 2, Article 15 of Decree 10/2018/ND-CP and the provisions of the RCEP Agreement.

- Failing to apply a transitional RCEP safeguard measure within one year from the date on which the first tariff reduction or elimination takes effect for goods originating from Member countries as committed in the Agreement. RCEP determination.

- Failure to re-apply a transitional RCEP safeguard measure to imports that have already been subject to a transitional RCEP safeguard measure for a period equal to the duration of the previous transitional RCEP safeguard measure, or within 1 year from the expiration of such measure, whichever is longer.

Circular 07/2022/TT-BCT  takes effect from May 8, 2022.

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