Vietnam: Scope and period of exclusion from trade remedies

Specifically, according to Article 9 of Circular No. 06/2018/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:

- The imports have characteristics which are different from and not substituted by the like or directly competitive products produced by domestic industry;

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

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

- The volume of the like or directly competitive products produced by the domestic industry is not enough to satisfy the needs of the domestic market.

The period of exclusion from trade remedies shall be determined as follows:

- With regard to the requests for exclusion from trade remedies received by the investigating authority as per regulations in Clause 1 Article 13 herein, the exclusion period shall last from the effective date of the decision on imposition of provisional or official trade remedies or the decision on the outcome of a review of trade remedy to December 31 of the year in which the exclusion decision is made.

- With regard to the requests for exclusion from trade remedies received by the investigating authority as per regulations in Clause 2 Article 13 herein, the exclusion period shall last for one year from January 01 to December 31 of the following year.

- With regard to the requests for additional exclusion received by the investigating authority as per regulations in Clause 4 Article 13 herein, the exclusion period shall last from the date of receipt of the valid and sufficient exclusion request to December 31 of the year in which the exclusion decision is made.

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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