Vietnam: Request for exclusion from trade remedies

Specifically, according to Article 12 of Circular No. 06/2018/TT-BCT of the Ministry of Industry and Trade of Vietnam, the initial request for exclusion from trade remedies (hereinafter referred to as the “exclusion request”) includes:

- The written request for exclusion from trade remedies;

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

- The document stating specifications of the imported product for which exclusion is requested, consisting of: Scientific name, trade name, common name; basic physical and chemical properties; main purposes; production process; applicable international and domestic standards and/or regulations; HS code and import duties applied in each period;

- The document stating information about the volume, quantity and value of imported product for which exclusion is requested (normally, for the past three years and in the current year);

- The written production process of the product of which input materials are the products for which exclusion is requested (if any);

- The demand for consumption or use of the imported product for which exclusion is requested (normally, for the past three years and in the current year);

- The consumption standard of raw materials which are the products for which exclusion is requested;

- Documents or samples proving the distinctions between the product for which exclusion is requested and the imported product subject to a trade remedy.

If an organization or individual submits the additional request for exclusion to the investigating authority as prescribed in Clause 4 Article 13 herein, the additional request for exclusion includes:

- The written request for (additional) exclusion from trade remedies;

- The document stating information about the volume, quantity and value of the imported product for which additional exclusion is requested;

- Evidences and documents proving that the additional request for exclusion is conformable with the law regulations on exclusion from trade remedies;

- Other documents and materials supporting the additional request for exclusion.

Based on the initial or additional request for exclusion, the investigating authority shall consider, verify and request the Minister of Industry and Trade to make the decision on granting of initial or additional exclusion from trade remedies.

View more details at: Circular No. 06/2018/TT-BCT of the Ministry of Industry and Trade of Vietnam takes effect from June 15, 2018.

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