Vietnam: Request for protection of confidential information concerning a trade remedy investigation

According to Circular No. 06/2018/TT-BCT of the Ministry of Industry and Trade of Vietnam, the investigating authority shall consider accepting the request for protection of confidential information furnished by interested parties of a trade remedy investigation, including:

- Business secrets relating characteristics of some products or production process;

- Information concerning the enterprise’s production and business, including production costs, selling expenses, terms of sales other than the non-confidential ones, selling price of each transaction, estimated transaction or other offers for sale, information concerning clients, distributors or suppliers, and the enterprise’s financial information;

- Information concerning an accurate dumping margin of a specific transaction in an anti-dumping investigation;

- Information concerning interests received by the requesting party under a subsidy program to be investigated or reviewed in a trade remedy investigation, except the program specification, amounts specified in documents or announced publicly, and the subsidy rate for each sales transaction which is calculated and allocable to the requesting party under a subsidy program;

- Other information which is found by the investigating authority to hurt or cause material injury to the competitive advantage of the information provider.

In case of refusal, the investigating authority shall explain the reasons for refusal in writing to the requesting party within 07 working days from the receipt of such request for protection of confidential information.

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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