Vietnam: Method of determining the dumping margin

The dumping margin is determined according to the difference between the normal price and the export price as prescribed in Article 16, 17, 18 and 19 of Decree No. 10/2018/ND-CP of Vietnam’s Government.

According to Decree No. 10/2018/ND-CP of Vietnam’s Government, the dumping margin shall be determined according to one of the following methods:

- Compare the weighted average of the normal price with the weighted average of the export price;

- Compare the normal price with the export price on the basis of each transaction;

- Compare the weighted average of the normal price with the weighted average of the export price on the basis of each transaction if there are significant differences in the export price between buyers, geographical areas and export time.

The investigating authority shall determine a particular dumping margin for each foreign producer and exporter in the anti-dumping investigation, except for cases specified in Clause 4 Article 20 hereof.

In case the quantity of the requested parties is too large or the category of goods subject to investigation is too large, the investigating authority may limit the scope of investigation by the sampling method specified in Article 36 hereof to determine the dumping margin.

In case the investigating authority limits the scope of investigation in accordance with Clause 4 Article 20 hereof, the dumping margin shall be applied as follows:

- The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is drawn and cooperating with the investigating authority in the investigation phase;

- The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is drawn but not cooperating or cooperating inadequately with the investigating authority in the investigation phase;

- The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is not drawn but voluntarily participating and cooperating with the investigating authority in the investigation phase;

- The particular dumping margin applied to goods under consideration of the remaining producers and exporters.

View relevant provisions at: Decree No. 10/2018/ND-CP of Vietnam’s Government takes effect from January 15, 2018.

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