Organizations or individuals representing a domestic industry
(Requesting Party) have the right to submit an application of request for
imposition of anti-dumping measures if seeing that goods are dumped thus
causing injury to that domestic industry.
Anti-dumping Law Firm in Vietnam
The requesting party could themselves prepare or seek legal help
from local international trade lawyers for representing and submitting an
application of request for imposition of anti-dumping measures in Vietnam.
Following are
Stage 1: Preparation for the application
Application of request for imposition of anti-dumping measures
(hereinafter referred to as “Application of request”) includes a written
request for imposition of anti-dumping measures (hereinafter referred to as “Written
request”) and related documents.
Stage 2: Submitting the application
The Requesting Party must submit one (01) copy of the Application
of request to Dumping and Subsidy Investigation Division (hereinafter referred
to as “Investigating Authority”) under Trade Remedies Authority of
Vietnam, Ministry of Industry and Trade, which is located on 23 Ngo Quyen
Street, Hoan Kiem District, Hanoi. The authority works during office hours from
Monday to Friday.
In case of the Requesting Party asks to keep some information in
the Application request confidential, Requesting Party must submit two (02)
copies of the Application of request which comprise one (01) copy containing
public information and one (01) copy containing confidential information.
Regarding the confidential information, the Requesting Party must attach a
detailed explanation of the request for confidentiality of the information and
a summary of the contents of the confidential information that may be disclosed
to other relevant parties.
The Investigating Authority shall verify the adequacy and validity
of the Application of request and notify the result to the Requesting Party
within 15 days from the receipt of the application.
Stage 3: Supplementing the application
In case of the Application of request is not adequate or valid,
the Investigating Authority shall request supplementation from the Requesting
Party. The time limit for supplementation of the application is decided by the
investigating authority but not lower than 30 days from the notification of
supplementation.
In case of the Application of request is adequate and valid, the
Investigating Authority shall inform the related parties including the
Requesting Party about receiving the application and start to verify the
content of the Application of request. After this stage, the procedure for
submitting an application of request for imposition of anti-dumping measures
shall be completed.
In general, the information in the Application request should be
adequate and valid. However, to pass the content verification and become a
basis for issuing a decision to launch the investigation, the Requesting
Party must satisfy the two (02) following conditions:
In terms of the condition of legal status, the Requesting Party
must be eligible for the legal representative status of the domestic industry
as prescribed in Art. 79(2) and Art. 87(2) of the Law on Foreign Trade
Management (Art. 31(2)(a) Decree 10/2018/ND-CP). The Requesting Party shall be
regarded as representing a domestic industry when all the following
requirements are fully met:
i) The total volume or quantity of similar goods manufactured by
the domestic manufacturers that submit the dossier and domestic manufacturers
that support the request for application of anti-dumping measures is larger
than the total volume or quantity of similar goods manufactured by the domestic
manufacturers that oppose such request;
ii) The total volume or quantity of similar goods manufactured by
the domestic manufacturers that submit the dossier and domestic manufacturers
that support the request for application of anti-dumping measures accounts for
at least 25% of the total volume or quantity of similar goods manufactured by
the domestic industry concerned.
In terms of the condition of evidence, the Requesting Party should
prepare sufficient documents on the dumping on goods imported to Vietnam to
prove that the dumping of such goods significant damage, threat to cause
significant damage to domestic industry or significant obstruction to the
establishment of the domestic industry. The contents that need to be carefully
and fully prepared are:
i) Information on the normal price and export price of the
described goods in the Written request; dumping margin of the imports subject
to investigation of anti-dumping measures;
ii) 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;
iii) Information, data and evidences on the causal relationship
between the import of goods requested to investigate 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.
If Client needs any more information or request
for legal advice or potential dispute regarding trade remedies measures
including, anti-dumping, countervailing duty and safeguard measures or
international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade
and tax practice at ANT Lawyers, a law firm in
Vietnam always
follow up anti-dumping cases and its development to update clients on regular
basis.
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