Application for imposition of anti-dumping measure and countervailing measure in Vietnam

Application for imposition of anti-dumping measure and countervailing measure in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Application for imposition of anti-dumping measure in Vietnam

Application for imposition of anti-dumping measure in Vietnam according to Article 28 of Decree 10/2018/ND-CP are as follows:

- The application for imposition of anti-dumping measure includes a written request for imposition of anti-dumping measure and related documents.

- The written request for imposition of anti-dumping measure includes the following contents:

+ Name, address and other necessary information of the organization/individual representing the domestic industry;

+ Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods; volume and quantity of similar goods produced by the above organizations and individuals;

+ Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;

+ Description of the imports subject to investigation of imposition of anti-dumping measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;

+ Description of similar goods of the domestic industry, including scientific names, trade names, common names; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;

+ Information on the volume, quantity and value of the imports specified in Point d of Clause 2 of Article 28 of Decree 10/2018/ND-CP within 12 months prior to the submission of dossiers;

+ Information on the volume, quantity and value of similar goods of the domestic industry specified in Point dd of Clause 2 of Article 28 of Decree 10/2018/ND-CP within 12 months prior to the submission of dossiers; except where the domestic industry operates less than 12 months;

+ Information on the normal price and export price of the described goods in accordance with Point d this Clause; dumping margin of the imports subject to investigation of anti-dumping measures;

+ Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

+ Information, data and evidences on the causal relationship between the import of goods specified in Point d Clause 2 of Article 28 of Decree 10/2018/ND-CP and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

+ Information on the exporting country or the origin of goods subject to investigation of anti-dumping measures, including a specific list of foreign producers, exporters and importers;

+ Specific requirements on the imposition of anti-dumping measures, the duration and the extent of imposition.

2. Application for imposition of countervailing measure in Vietnam

Application for imposition of countervailing measure according to Article 29 of Decree 10/2018/ND-CP are as follows:

-  The application for imposition of countervailing measure includes a written request for imposition of countervailing measure and related documents.

- The written request for imposition of countervailing measures includes the following contents:

+ Name, address and other necessary information of the organization/individual representing the domestic industry;

+ Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods; volume and quantity of similar goods produced by the above organizations and individuals;

+ Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;

+ Description of the imports subject to investigation of imposition of countervailing measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;

+ Description of similar goods of the domestic industry, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;

+ Information on the volume, quantity and value of the imports specified in Point d of Clause 2 of Article 29 of Decree 10/2018/ND-CP within 12 months prior to the submission of dossiers;

+ Information on the volume, quantity and value of similar goods of the domestic industry specified in Point dd of Clause 2 of Article 29 of Decree 10/2018/ND-CP within 12 months prior to the submission of dossiers; except where the domestic industry operates less than 12 months;

+ Information and evidences of foreign subsidies, including the existence of subsidies; the allegedly subsidizing country; name and address of the foreign organization or individual accused of receiving the subsidies; form and policy of subsidy; quantity, volume and value of the subsidy;

+ Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

+ Information, data and evidences on the causal relationship between the import of goods specified in Point d of Clause 2 of Article 29 of Decree 10/2018/ND-CP and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

+ Specific requirements on the imposition of countervailing measures, the duration and the extent of imposition.

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