Decision No. 33/QD-BCT of anti-dumping investigation for some products of aluminum, alloy or non-alloy originated from China (AD05).

Decision No. 33/QD-BCT of anti-dumping investigation for some products of aluminum, alloy or non-alloy originated from China (AD05).

On Jan 10^th, 2019, Trade Remedies authority of Vietnam (Ministry of Industry and Trade) has promulgated Decision No. 33/QD-BCT on investigation into imposition of anti-dumping measures for some products of aluminum, alloy or non-alloy which are in bar, stick and shape form originated from China (Case number AD05).

International Trade Lawyers in Vietnam

Summary of the case:

The requesting party is four (04) shaped aluminum manufacturers representing the domestic industry, including AUSTDOOR ALUMINUM JOINT STOCK COMPANY, TUNG YANG COMPANY LIMITED, SONG HONG ALUMINUM JOINT STOCK COMPANY (SHALUMI) and MIENHUA GROUP JOINT STOCK COMPANY.

Scope of investigation:

The imported products are alleged of dumping are some products of aluminum, alloy or non-alloy which are in bar, stick and shape form, with the HS codes of: 7604.10.10; 7604.10.90; 7604.21.90; 7604.29.10; 7604.29.90 from China. The investigating period to determine dumping behaviour is from Jan 1^st to Dec 31^st, 2018. The investigating period to determine the damages of the domestic manufacturing industry is from Jan 1^st, 2015 to Dec 31^st, 2018.

The alleged dumping margin:

Imported products from China subject to anti-dumping measures imposition investigation are alleged with specified dumping margins rate of 35,58%.

Damages and causal relation

The products alleged of dumping are considered the main cause of significant losses in the domestic manufacturing industry, reflected in the decline in the indexes such as utilization capacity, inventory, profit, and dynamic price, price pressure…

Registration for interested party

According to regulation of Article 74 of the current Law on Foreign Trade Management of Vietnam, Interested parties include:

-Overseas organizations and individuals that produce and export products under consideration to Vietnam;

-Importers of products under consideration;

-Foreign associations whose majority of members are organizations and individuals producing and exporting products under consideration;

-The Government and competent authorities of the exporting country of product under consideration;

-Organizations and individuals that submit the application for the trade remedies;

-Domestic producers of like products;

-Domestic associations whose majority of members are producers of like products;

-Other organizations and individuals that obtain legal rights and interests related to the investigated cases or facilitate the investigation or representative organizations of protection of customer rights.

As such, an organization or individual shall register and be approved by the investigating authority to become an interested party.

The organizations, individuals can register to be recorded as the related parties in this case with the Investigation Authority by the way sending the application according to the application form for the related party provided in Appendix No. 1 attached the Circular No.06/2018/TT-BCT. Deadline for registration of the interested party is before 5p.m on Feb 28^th, 2019.

The investigation questionnaire

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the investigating authority shall send the investigation questionnaire to the following subjects:

-Producers of similar domestic goods;

-Foreign producers and exporters exporting goods subject to anti-dumping and countervailing investigation into Vietnam which the investigating authority knows;

-The representative in Vietnam of the government of the country producing and exporting goods subject to anti-dumping and countervailing investigations;

-Importers of goods subject to anti-dumping and countervailing investigations;

-Other related parties.

Within 30 days after receiving the investigation questionnaires, the interested parties must provide written replies to all questions in the questionnaire. In case of necessity or there are written requests for extension with reasonable reasons from the interested parties, the investigating authority may extend the time limit but not more than 30 days.

Please be informed that the time limit for the anti-dumping measures imposition investigation shall be within 12 months from the day on which the decision on investigation is issued, with a possible extension up to 6 months if necessary. Interested parties could authorise law firm in Vietnam with international trade and anti-dumping specialization to respond to authorities in Vietnam.