What are the Process of Investigation of Imposing Trade Remedies?
Trade remedies are
trade policy tool that allow governments to take remedial action against
imports which are causing or threatening to cause material injury to a domestic
industry. This is considered as a tool for maintaning the international trade
order in a way of fairness and sound for countries when participating in free
trade agreements. As Vietnam has entered a number of important free trade
agreements, especially recent EU Vietnam Free Trade Agreement, it is important
to understand the process of
investigation of imposing trade remedies and how an international trade
law firm could help representing clients in taking part in the
procedures including anti-dumping, countervailing duty and safeguarding
investigation of state authorities..
How a trade remedy case is processed?
Firstly, an organizations or individual representing a domestic
industry may submit a request for applying the measure if it is found that the
domestic industry is injured caused by dumping on imports, import subsidies or
a surge in imports.
Secondly, after having the notification of lawful dossiers from
Investigating authority, Minister of Industry and Trade would base on the
proposal of Investigating authority to make decision of whether to start the
investigation or not.
Thirdly, in the event of Minister of Industry and Trade decides to
proceed the case, Investigating authority will issue the Questionnaire within
15 days from the date of issuing the investigating decision. However, in some
cases, before sending the Questionnaire to parties, Investigating authority may
send the quantity and value Questionnaire to select the sample to limit the
scope of investigation.
The investigation to impose the anti-dumping measure,
countervailing measure is within 12 months from the date of having the
investigating decision, this duration may be extended but the total of the case
does not exceed 18 months. However, the investigation period of imposing
safeguard measure must be completed within 9 months, this duration may be
extended but the total of the case does not exceed 12 months.
During the investigation period, Investigating authority will give
an opportunity to interested parties for the consultation, specifically: (i)
when having the consultation request from interested parties (ii) Before the
final determination of investigation is disclosed, the investigating authority
can organize the public consultation in manner that interested parties can
present information and opinion related to the case.
However, Minister of Industry and Trade shall decide to terminate
the investigation in the following cases:
· The applicant voluntarily withdraws the
application;
· The preliminary determination of the
investigating authority shows that there is no injury or threat of injury to
the domestic industry or material retardation of establishment of the domestic
industry;
· The final determination of the investigating
authority obtains one of the following contents:
The product under consideration imported to Vietnam is not dumped,
subsidized or imported excessively;
There is no injury to the domestic industry;
There is no objective evidence of the existence of a causal link
between the dumping on imports, import subsidies and the surge of imports and
the injury or threat of injury to domestic industry or the material retardation
of the establishment of the domestic industry;
· The investigating authority reaches an agreement
with the competent authority of the country which is accused of granting
subsidies to its products imported to Vietnam on removing the abovementioned
subsidies.
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 international trade attorney at Hanoi Office and Ho Chi Minh City of ANT Lawyers could be of help.
0 nhận xét:
Đăng nhận xét