1. General information about the case
- Products under investigation: Fiber molded products with HS codes: 4823.61.0020, 4823.61.0040, 4823.69.0020, 4823.69.0040, 4823.90.1000.
- Case code: A-552-845 and C-552-846.
- Investigated countries: 02 countries including Vietnam and China and both are proposed to be double investigated for CBPG/CTC.
- According to data from the US International Trade Commission (ITC), in 2023, Vietnam exported about 50 million USD and accounted for about 9% of total US imports. From the beginning of the year to August this year, Vietnam exported about 34.5 million USD.
- Investigation period of CBPG and CTC:
+ CBPG: From April 1, 2024 to September 30, 2024.
+ CTC: Year 2023
- Damage investigation period: 03 years (2021-2023).
1.1. Information on alleged dumping
- Alleged dumping margin for Vietnam: 231.73% - 260.56% (lower than China's alleged dumping margin).
- Surrogate country and value: Because the United States considers Vietnam a non-market economy country, DOC intends to use the surrogate value of Indonesia (Indonesia is on the latest list of surrogate countries issued by DOC for Vietnam).
Parties have 30 days to comment on the country and the alternative value before DOC issues its preliminary findings in the case.
1.2. Information on alleged subsidies
- Alleged dumping margin against Vietnam: DOC has not yet issued an alleged subsidy margin against Vietnam.
Subsidy Programs Under Investigation: DOC has initiated investigations into 26 government subsidy programs, which fall into the following categories:
(1) Group of loan and guarantee programs: Including preferential loan programs, export factoring, export guarantees, investment credit for exporters of 04 state-owned joint stock commercial banks SOCBs ( Agribank , Vietinbank, Vietcombank and BIDV) because these banks are subject to Government intervention; investment credit program of Vietnam Development Bank (VDB) and interest rate support programs of the State Bank;
(2) The group of import tax exemption programs includes the import tax exemption program for imported goods to produce export goods; import tax refund for raw materials to produce export goods; import tax exemption for imported goods to industrial zones; import tax exemption for foreign-invested enterprises; import tax exemption for imported raw materials for export processing enterprises and export processing zones.
(3) The group of corporate income tax exemption programs includes programs on corporate income tax (CIT) incentives for exporters; CIT incentives for enterprises in special zones; CIT incentives under Decree No. 24/2007/ND-CP; tax incentives for new investment projects; accelerated depreciation and increased deductible expenses.
(4) The group of land incentive programs includes the Program for exemption and reduction of land/water surface rent for encouraged industries or industrial zones; exemption and reduction of land use tax and fees for encouraged industries or industrial zones; exemption and reduction of land rent for enterprises in special zones; exemption and reduction of land rent for enterprises with foreign investment capital.
(5) The sponsorship program includes export promotion and investment support sponsorship programs.
(6) Providing utilities at preferential prices includes programs providing electricity, water and other utilities to businesses at preferential prices.
2. Investigation procedure
(1) Mandatory selection of defendant
To date, the DOC has not issued the Quantity and Value (Q&V) Questionnaire for both the CBPG and CTC cases to collect information in order to select a mandatory defendant. Enterprises need to proactively register for an IA ACCESS account at the DOC's electronic information portal ( https://access.trade.gov/login.aspx ) to update information on enterprises required to respond to the Q&V Questionnaire and submit relevant documents and materials to the US Investigation Agency. Note that the response deadline can be extended. Enterprises that do not receive the Q&V Questionnaire but export this item to the US during the investigation period still need to respond to be calculated separately.
As a rule, DOC will base on the Q&V Questionnaire responses and US Customs data to select 2 mandatory respondents (usually the largest Vietnamese exporters according to US Customs data during the investigation period). The mandatory respondents will be investigated and their own dumping/subsidy margins will be determined.
(2) Register for separate tax rates (only applicable to CBPG cases)
In the case of anti-dumping investigation, in case of not being selected as mandatory defendant, enterprises must submit separate application for tax rate. Enterprises must demonstrate that they operate independently, not under the control of the Government in both law and practice. The separate tax rate is equal to the weighted average of the dumping margins of mandatory defendants (excluding zero margins, de minimis margins, and margins based on unfavorable available data). The deadline for submitting the Application for separate tax rate is 30 days from the date of initiation.
In case the enterprise does not submit a separate application for tax rate or the enterprise has submitted but it is not accepted, the dumping margin for the enterprises will be the common dumping margin (usually equal to the alleged margin).
(3) Answer the Survey Questionnaire
Once the mandatory respondent is identified, DOC will issue a Questionnaire to the mandatory respondent. In CTC cases, DOC will issue an additional Questionnaire to the Government. The response period is typically 30 days from the date of issuance of the initial questionnaire (with possible extensions). DOC may issue additional questionnaires with shorter response periods.
Some key timelines for the investigation are as follows:
Event | CBPG Investigation | CTC Investigation |
Initiate | 10/28/2024 | 10/28/2024 |
Preliminary conclusions | March 17, 2025 | 01/02/2025 |
Final Conclusion | 02/06/2025 | March 18, 2025 |
Issuance of Tax Order | 7/24/2025 | 05/09/2025 |
(Timelines may be extended)
3. Some response recommendations
(i) For Vietnam Pulp and Paper Association:
Update information to enterprises producing and exporting products under investigation.
(ii) For related manufacturing and exporting enterprises:
- Continue to closely monitor the developments of the case; proactively research and master the regulations, procedures, and processes for investigating anti-dumping and countervailing duties of the United States; diversify export markets and products;
- Fully cooperate with the US investigation agency 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 and countervailing duty rates to the enterprise;
- Proactively register for an IA ACCESS account at the DOC electronic 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 more information, please contact: Foreign Trade Remedies Handling Department, Trade Remedies Authority, Ministry of Industry and Trade, 23 Ngo Quyen, Hoan Kiem, Hanoi (Specialist in charge: Nguyen Anh Tho, Phone: 024.7303.7898 (extension 107), Email: [email protected] , [email protected] , [email protected] , [email protected], Website: http://trav.gov.vn .
For profile details, see here .
Source: https://moit.gov.vn/tin-tuc/thong-bao/hoa-ky-khoi-xuong-dieu-tra-kep-chong-ban-pha-gia-chong-tro-cap-voi-san-pham-duc-bang-soi-nhap-khau-tu-viet-nam.html
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