The United States received a request for an anti-dumping and anti-subsidy investigation into fiber-cast products.

The Department of Trade Remedies, Ministry of Industry and Trade said that on October 8, 2024, the Department received information about the US Department of Commerce (DOC) receiving a request for anti-dumping and anti-subsidy investigation on fiber molded products imported from Vietnam and China.

The investigated product is Molded fiber products, HS code of the product: 4823.70.0020 and 4823.70.0040; some other codes: 4823.61.20, 4823.61.40, 4823.69.20, 4823.69.40.

The parties have 30 days to comment on the replacement country before the US Department of Commerce issues its preliminary findings in the case. Illustration photo

According to the Department of Trade Defense, regarding the dumping allegation, the plaintiff accused Vietnamese enterprises manufacturing/exporting fiber molded products of dumping with a margin of 328-602%.

In this case, the plaintiff proposed to use Indonesia as a surrogate country because it argued that Indonesia has a similar level of economic development to Vietnam and has a significant number of manufacturers of fiber molded products (Indonesia is on the latest list of surrogate countries issued by the US Department of Commerce for Vietnam).

Regarding the subsidy allegations, the plaintiffs allege that the Vietnamese Government provides significant subsidies to manufacturers and exporters, including 22 government subsidy programs, causing or threatening to cause material injury to the U.S. domestic industry.

Specifically, the accused programs belong to the following groups: Group of loan and guarantee programs; Group of import tax exemption programs; Group of corporate income tax incentive programs; Group of land incentive programs; Sponsorship programs including export promotion and investment support sponsorship programs; Providing utilities at preferential prices including programs providing electricity, water and other utilities to businesses at preferential prices.

According to data from the US International Trade Commission (ITC), in 2023, Vietnam exported about 16 thousand short tons/ton of US, equivalent to about 50 million USD in 2023. In the first 6 months of 2024, Vietnam exported about 14 thousand short tons/ton of US, equivalent to 38 million USD. The import proportion of the alleged goods from Vietnam accounted for about 9% of the total import volume of the US in 2023.

Eight Vietnamese export manufacturing enterprises were accused of dumping and receiving subsidies from the Government.

The Department of Trade Defense said that according to US regulations, the procedure for anti-subsidy investigation is as follows:

Step 1: The government of the country under investigation (Vietnam) consults with the US Department of Commerce regarding the request for an anti-subsidy investigation.

Step 2: The US Department of Commerce has 20 days to review the request for investigation and issue a decision to initiate/not initiate an investigation, expected on October 28, 2024. Parties may submit consultation registrations before October 15, 2024. In some special cases, the US Department of Commerce may extend this period to a total of 40 days.

Step 3: The ITC has 45 days from the date of receipt of the petition to issue a preliminary determination of injury. If the ITC makes a preliminary determination of no injury, the case will be dismissed in its entirety (although this is unlikely).

Step 4: The U.S. Department of Commerce has 140 days from the date of initiation to issue a preliminary determination of dumping and 65 days from the date of initiation to issue a preliminary determination of subsidy.

Step 5: The U.S. Department of Commerce has 75 days from the date of issuance of the preliminary determination to issue a final determination of dumping/subsidy.

Step 6: The ITC has 45 days from the date the U.S. Department of Commerce issues its final dumping/subsidy determination to make its final injury determination.

Step 7: The US Department of Commerce has 7 days to issue an Anti-dumping/CVD Duty Order (in case of dumping/subsidy and injury).

To best protect the rights and interests of Vietnamese exporting enterprises, the Trade Defense Department also made a number of recommendations to the association and related exporting enterprises.

For the Association, the Department of Trade Remedies recommends supporting notification to businesses exporting accused products to prepare response plans and handle the case in case the US Department of Commerce initiates an investigation.

For enterprises producing and exporting related products: Closely monitor the next developments of the case; proactively research and master the regulations, procedures, and processes of US anti-dumping and anti-subsidy investigations and plan a lawsuit strategy suitable for the enterprise (in case the US Department of Commerce initiates an investigation); diversify export markets and products.

Fully cooperate with the US Investigation Agency throughout the course of the case (answer the Quantity and Value questionnaire, submit separate anti-dumping duty applications, answer questionnaires and participate in the examination of the mandatory respondent…).

Any act of non-cooperation or insufficient cooperation may result in the US Investigating Authority using available evidence to the disadvantage or imposing the highest alleged antidumping and countervailing duty rates on the business.

The Department of Trade Defense also recommends that businesses proactively register for an account on the DOC Trade Defense Electronic Information Portal - ACCESS (https://access.trade.gov/login.aspx) to update information and submit documents and materials related to the US Investigation Agency. Regularly coordinate and update information with the Department of Trade Defense to receive timely support.

Notice see here

Source: https://congthuong.vn/hoa-ky-nhan-don-de-nghi-dieu-tra-chong-ban-pha-gia-chong-tro-cap-voi-san-pham-duc-bang-soi-352762.html