1. General information about the case
- Product proposed for investigation: Polypropylene plastic box under HS code 3923.10.9000.
- Case code: A-552-850.
- Plaintiffs: CoolSeal USA, Inteplast Group and SeaCa Plastic Packaging & Technology Container.
- Application date: March 17, 2025.
- Export turnover: According to the plaintiff, based on US Customs data, in 2024, Vietnam exported more than 6 million USD of products proposed for investigation to the United States, accounting for about 19.4% of total imports to the United States. Meanwhile, China exported nearly 13.4 million USD of products proposed for investigation to the United States, accounting for about 43.3% of total imports to the United States. Total imports from Vietnam and China accounted for 62.7% of total imports of products proposed for investigation to the United States.
- Exporting enterprises accused of dumping: The Plaintiff named 7 Vietnamese companies. In case of initiating an investigation, DOC will most likely issue a Volume and Value Questionnaire (with a response period of 14 days) to related enterprises to collect information, in order to select mandatory defendants (usually the 2 largest exporting enterprises of Vietnam according to US Customs data and the Volume and Value Questionnaire during the investigation period). Enterprises need to proactively register for an IA ACCESS account at DOC's electronic information portal (https://access.trade.gov/login.aspx) to update information and submit documents and materials related to DOC. Enterprises need to answer the Volume and Value Questionnaire and submit a separate application for tax rates (in which they prove that the enterprise operates independently, not under the control of the Government in both law and practice) to enjoy separate tax rates. The deadline for submitting a separate application for tax rate is 21 days from the date of publication of the initiation notice. Enterprises may request an extension in writing but must obtain DOC's consent.
- Alleged dumping margin against Vietnam: 40.85% (much lower than the alleged level against China, ranging from 74.63% to 83.49%).
- Surrogate country and value: Since the United States considers Vietnam a non-market economy, DOC will use the surrogate values of a third country to calculate the dumping margin for Vietnam. In this case, the petitioner proposed to use Indonesia as a surrogate country because Indonesia has a similar level of economic development to Vietnam and has a significant number of Polypropylene plastic container manufacturers (Indonesia is on the latest list of surrogate countries issued by DOC for Vietnam). The parties have a 60-day period to comment on the surrogate country before DOC issues its preliminary findings.
- Proposed CBPG investigation period: From July 1 to December 31, 2024.
- Proposed damage investigation period: From January 1, 2022 to December 31, 2024.
- Investigation procedure:
According to US investigation regulations, there are 02 agencies involved in an anti-dumping investigation: DOC investigates dumping behavior and is responsible for the overall investigation results while the US International Trade Commission (ITC) is responsible for assessing the injury of the domestic manufacturing industry. Products are only subject to anti-dumping duties if both agencies issue affirmative conclusions. The investigation procedure is as follows:
Step 1: DOC receives the petition.
Step 2: DOC has 20 days to review the petition and issue a decision to initiate/not initiate an investigation, expected on April 7, 2025.
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: DOC has 140 days from the date of initiation to issue a preliminary determination of dumping. If the petitioner alleges and DOC finds that an emergency exists due to a surge in imports after the initiation of the case, DOC may impose provisional retroactive duties on imports made within 90 days prior to the publication of the preliminary determination.
Step 5: DOC has 75 days from the date of issuance of the preliminary determination to issue a final determination on dumping.
Step 6: The ITC has 45 days from the date of DOC's final dumping determination to make its final injury determination.
Step 7: DOC has 07 days to issue the Anti-dumping Duty Order (in case of concluding that there is dumping and damage).
(Timelines may be extended)
2. Some response recommendations
(i) For Associations: Support notification to enterprises exporting accused products to prepare response plans and handle the case in case DOC initiates an investigation.
(ii) For enterprises manufacturing 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 investigations and plan a suitable counter-suit strategy for the business (in case the DOC initiates an investigation); diversify export markets and products;
- Fully cooperate with DOC throughout the course of the case. Any act of non-cooperation or incomplete cooperation may result in the US Investigation Agency using available evidence to the disadvantage or applying the highest anti-dumping duty rate to the business;
- Proactively register for an IA ACCESS account at the DOC's electronic information portal ( 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 PVTM Department to receive timely support.
For details, see here.
For more information, please contact: Foreign Trade Remedies Handling Department, Trade Remedies Authority, Ministry of Industry and Trade, 54 Hai Ba Trung, Hoan Kiem, Hanoi (In charge: Bui Anh Dung, Phone: 024.7303.7898, Email: dungban@moit.gov.vn , ngocny@moit.gov.vn , Website: http://trav.gov.vn/ .
Source: https://moit.gov.vn/tin-tuc/thong-bao/hoa-ky-nhan-ho-so-yeu-cau-dieu-tra-chong-ban-pha-gia-voi-hop-nhua-polypropylene-nhap-khau-tu-viet-nam.html
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