Vietnam: Guidance on the request for exclusion from trade remedies

A request for exclusion from trade remedies (hereinafter referred to as the “exclusion request”) is specified in Article 14 of Circular No. 37/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam, including the following documents:

- A written request for exclusion from trade remedies made according to the form stated in the Appendix III enclosed herewith;

- A copy of the enterprise’s certificate of business registration or investment certificate;

- Description of the good for which the exclusion request is submitted, including scientific name, trade name, common name; basic physical and chemical properties; main uses; production process; applicable international and domestic standards and/or regulations; HS code according to Vietnam’s nomenclature of exports and imports;

- The document stating information about the volume, quantity and value of the imported good for which the exclusion request is submitted (in the last 03 years and in current year);

- The written production process of the product of which input material is the good for which the exclusion request is submitted;

- The demand for consumption or use of the imported good for which the exclusion request is submitted (in the past 03 years and in the current year);

- The prescribed or estimated level of consumption of raw material which is the good for which the exclusion request is submitted;

- Documents or samples proving the difference between the good for which the exclusion request is submitted and the like or directly competitive products produced by the domestic industry;

- The document stating information about the production line and output of the good for which the exclusion request is submitted in the past 03 years and those in the current year;

- Documents proving the demand for use of the quantity of goods for which the exclusion request is submitted, including contracts signed with customers, written approvals for in-progress projects or other relevant documents.

If an organization or individual submits an additional exclusion request to the investigating authority as prescribed in Clause 4 Article 16 hereof, the additional exclusion request includes:

- A written request for (additional) exclusion from trade remedies made according to the form stated in the Appendix III enclosed herewith;

- A copy of the import quantity monitoring sheet of the good granted exclusion given by the customs authority;

- The report on inventory of the product granted the exclusion;

- The report on the production of goods of which the input material is the good granted exclusion;

- The production plan for the following year, contracts signed and to be performed or other necessary information/documents.

Based on the exclusion request or the additional exclusion request, the investigating authority shall appraise the received request and request the Minister of Industry and Trade to issue the decision on exclusion from trade remedies or the decision on additional exclusion.

View more details at Circular No. 37/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from January 15, 2020.

Thu Ba

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