The review of
anti-dumping measures on imported goods will be conducted by Vietnam
Competition Authority (VCA) 12 month from the decision by Ministry of
Trade and Commerce is issued.
Application dossiers
requesting for review of imposition of anti-dumping measures shall including
(i) Application and (ii) Other documents and information deemed necessary by
the requesting party, in Public and Limited version to be submitted to VCA.
The followings
information must be provided by the requesting party at the submission of
application for review of the anti-dumping duty imposition:
1. The status of dumping of imports
This section focuses
on the change in the dumping status of imports into Vietnam during the period
from the imposition of anti-dumping duty to the time the applicant submits the
application.
The information to be provided includes, but is not limited to,
expanding / narrowing the scope of the goods subject to the imposition of
anti-dumping measures; Type / type of goods, producer / exporter selected to
calculate the change in dumping margin, change in margin of dumping, normal
price, export price for one or a group of foreign producers/ exporter (Note:
The method of calculating the data must be consistent with the methodology
which the VCA has guided in the dossier requesting the application of
anti-dumping measures.)
2. Material damages or threaten to material
damages
This section
identifies evidence of substantial damages / threat of material damages to the
domestic industry caused by imported goods dumped into Vietnam for
investigation by the VCA, decide according to the actual situation.
Requesting party
should provide the following information:
– The situation of
importing goods
Information and data
on the situation of import of goods subject to anti-dumping measures (amount
and value) from the date of application of the anti-dumping measure before the
submission of the dossier according to the set form and two (02) years earlier.
– Market share of
similar goods domestically produced and imported goods
Comparative
information on market share of domestically produced and imported goods shall
be subject to dumping from the time of imposition of tax prior to the filing of
the application in the form and the previous two (02) years.
– Impact of imports on
domestic prices
Information on the
impact of imported goods on the prices of domestically produced goods from the
time of imposition of tax prior to the submission of dossiers according to the
set form and two (02) years earlier.
– The situation of
production and business activities of the domestic manufacturing industry
Information on
production and business activities of the manufacturing industry from the date
of application of the tax prior to the date of application and two (2) years
before.
– Invest in upgrading
machines and infrastructure to meet domestic demand
Information on
fundamental changes in machinery and factory infrastructure is related to
changes in capacity and capacity to meet the needs of the Vietnamese market
from the time of application of the tax before submission and two (02) years
earlier of the domestic industry. Data should be shown in the following table:
- Current situation of employers in the domestic industry
Number of employees
(or estimated number) engaged in the production, management and distribution of
domestically produced goods subject of the investigation.
- Inventory fluctuations
The amount and value
of inventory requested for the application of the measure anti- dumping
domestic production.
3. Scope of goods subject to anti-dumping
measures
– Purpose, reason for
requesting exclusion of products imported by the company from the scope of
application of anti-dumping measures.
– Information on
products the company proposes to exclude from the scope of application of
anti-dumping measures: HS code, technical specifications, technology, use
purpose, production process, …
– The list of domestic
enterprises producing the same products as the imported products of the
company.
– List of other
importing enterprises jointly importing the company’s proposed goods for
exclusion.
– Documents indicating the difference between the company’s
products proposed exclusion and similar products domestically produced. If
there are quality comparisons, please indicate the source of these quality
criteria (e.g.Vietnamese standards sets, internationally recognized
standards …).
– Information on
alternative sources of imports, the difference between those sources.
– Other information,
documents and evidence that the company deems appropriate to explain the
exclusion of the product is appropriate.
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