The United States initiated an administrative review of anti-dumping duties on some Vietnamese export products.

On the afternoon of October 1, 2024, the Department of Trade Remedies, Ministry of Industry and Trade informed that the US Department of Commerce (DOC) has posted a notice initiating an administrative review of a number of Vietnamese export products that are subject to anti-dumping tax (AD), including:

Frozen Fish Fillets: Case code: A-552-801 (CBPG), review period: August 1, 2023 - July 31, 2024.

Raw honey: Case code: A-552-833 (CBPG); review period: June 1, 2023–May 31, 2024.

Seamless Refined Copper Pipe and Tube: Case code: A-552-831 (CBPG); review period: August 1, 2023 - July 31, 2024.

Within 90 days from the date of publication of the notice of initiation, the parties may withdraw their request for review (expected date: December 19, 2024). Photo: VNA

According to US law, within 35 days from the date of publication of the notice of initiation of the review (expected on October 25, 2024), the US Department of Commerce will select enterprises as mandatory defendants in the cases based on the export volume of the enterprises from high to low according to data from the US Customs and Border Protection (CBP) or the Q&V questionnaires of the exporting enterprises.

The Trade Remedies Authority notes that Commerce will not aggregate exports from affiliated companies to select a mandatory respondent unless Commerce has previously determined so in a previous investigation/review within the context of that case.

According to the regulations, in case a manufacturing/exporting enterprise is listed in the review list in the initiation notice but has no export activities during the review period, the enterprise must notify the US Department of Commerce within 30 days from the date of publication of the initiation notice (expected October 20, 2024) for the US Department of Commerce to consider how to handle it. In addition, within 90 days from the date of publication of the initiation notice, the parties can withdraw their review request (expected December 19, 2024). The US Department of Commerce can extend this 90-day period on a case-by-case basis.

In addition, for countries that the United States considers to be non-market economies such as Vietnam, in order to enjoy separate tax rates, enterprises must simultaneously answer the Q&V Questionnaire (according to the required deadline) and apply for separate tax rates within 30 days from the date of publication of the notice of initiation of review (expected October 20, 2024).

The separate rate application form is posted by the US Department of Commerce at the link: https://access.trade.gov/Resources/nme/nme-sep-rate.html. If a business does not apply for a separate rate and is not selected as a mandatory respondent, the business will be subject to the national rate (usually a high rate).

The U.S. Department of Commerce expects to issue its Final Results of the Review no later than August 31, 2025.

To ensure the legitimate rights of enterprises, the Trade Defense Department recommends that enterprises producing/exporting related products participate in the review case if necessary to change the applied anti-dumping tax rate, properly and fully implement the requirements of the US investigation agency, regularly monitor the development of the case and closely coordinate with the Trade Defense Department throughout the process of the case to receive timely advice and support.

Notice from the US Department of Commerce see here

Source: https://congthuong.vn/hoa-ky-khoi-xuong-ra-soat-hanh-chinh-thue-chong-ban-pha-gia-mot-so-san-pham-xuat-khau-cua-viet-nam-349588.html