Scope of goods to be granted exclusions from trade remedies in Vietnam

Scope of goods to be granted exclusions from trade remedies in Vietnam

Circular 42/2023/TT-BCT amends the name of Article 10 and provisions in Clause 4, Article 10 of Circular 37/2019/TT-BCT on the Scope of goods to be granted exclusions from trade remedies.

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:

(1) Goods cannot be domestically produced;

(2) The good has characteristics which are different from and cannot be substituted by the domestically produced products;

(3) The goods are special products of the like or directly competitive products produced by domestic industry;

(4) There are no sales of the like or directly competitive goods produced by the domestic industry in the ordinary course of trade in the domestic market or in force majeure circumstances resulting in short supply by the domestic industry.

(Currently, Clause 4, Article 10 of Circular 37/2019/TT-BCT stipulates that there are no sale of the like or directly competitive products produced by the domestic industry in the ordinary course of trade in the domestic market)

At the same time, Circular 42/2023/TT-BCT also abolishes Clauses 5 and 6, Article 10 of Circular 37/2019/TT-BCT:

- The like or directly competitive products produced by the domestic industry are not enough to satisfy the needs of the domestic market;

- The imports within the total quantities of imports requesting for exclusion prescribed in Clause (1) to (5) of this Article are intended for serving research and development purposes as well as other non-commercial purposes.

Circular 42/2023/TT-BCT takes effect on from February 16, 2024.

Applications for exclusion from trade remedies which have been received or in respect of which decisions to grant exclusion from trade remedies have been issued before February 16, 2024 shall be processed or treated in accordance with the provisions of Circular 37/2019/TT-BCT.

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