Vietnam: Cases of exclusion from trade remedies

According to Circular No. 37/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam, the Minister of Industry and Trade shall consider granting exclusions from provisional and/or official trade remedies on certain imports subject to trade remedies in the following circumstances:

- Goods cannot be domestically produced;

- The good has characteristics which are different from and cannot be substituted by the domestically produced products;

- The goods are special products of the like or directly competitive products produced by domestic industry;

- There are no sale of the like or directly competitive products produced by the domestic industry in the ordinary course of trade in the domestic market;

- The like or directly competitive products produced by the domestic industry are not enough to satisfy the needs of the domestic market;

- The imports within the total quantities of imports requesting for exclusion prescribed in Clause 1 through 5 of this Article are intended for serving research and development purposes as well as other non-commercial purposes.

In which, “special products" refers to the products which have physical and chemical properties similar to but have some characteristics, appearance or quality different from the like or directly competitive products produced by the domestic industry.

The investigating authority shall have the responsibility to: send exclusion decisions to requesters for exclusion; send the decision on revocation of the issued exclusion decision to the organization or individual whose good is granted exclusion from trade remedies; send written exclusion decisions and decisions on revocation of exclusion decisions to the Ministry of Finance; publish exclusion decisions and decisions on revocation of exclusion decisions on its website and the website of the Ministry of Industry and Trade.

Circular No. 37/2019/TT-BCT stipulates the period of exclusion from trade remedies as follows:

- With regard to the exclusion from trade remedies prescribed in Point a Clause 1 Article 16 hereof, the exclusion period shall not exceed the period of application of such provisional trade remedies.

- With regard to the exclusion from trade remedies prescribed in Point b Clause 1 Article 16 hereof, the investigating authority shall consider deciding the exclusion period which shall not exceed 18 months from the effective date of the decision on imposition of trade remedies to the end of December 31 of the same year December 31 or of the following year.

- With regard to the exclusion from trade remedies prescribed in Point c Clause 1 Article 16 hereof, the investigating authority shall consider deciding the exclusion period which shall not exceed 18 month commencing from the January 01 of the year in which the request for exclusion is received or from the date of promulgation of the exclusion decision.

- With regard to the requests for additional exclusion received by the investigating authority as per Clause 4 Article 16 hereof, the exclusion period shall be conformable with the effect of the initially issued exclusion decision.

View other provisions at: Circular No. 37/2019/TT-BCT of the Ministry of Industry and Trade takes effect from January 15, 2020.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE