| The United States continues to impose anti-subsidy duties on steel coat hangers imported from Vietnam. The United States has made preliminary conclusions on the administrative review of anti-subsidy duties on Vietnamese automobile tires. |
Accordingly, on October 25, 2023, the Department of Trade Remedies, Ministry of Industry and Trade received information that the US Department of Commerce (DOC) received a request for anti-dumping and anti-subsidy investigation on frozen warm-water shrimp products imported from a number of countries, including Vietnam.
Regarding the case, the Trade Defense Department said that the products under investigation are frozen warm-water shrimp under the HS codes 0306.17, 1605.21 and 1605.29. The countries under investigation include Ecuador, India, Indonesia and Vietnam. Of which, Vietnam is only under anti-subsidy investigation, because the above-mentioned shrimp products of Vietnam have been subject to anti-dumping tax by the United States since 2004.
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| Vietnam is only being investigated for anti-subsidy, because the above-mentioned Vietnamese shrimp products have been subject to anti-dumping duties by the United States since 2004. Photo: VNA |
Scope of alleged subsidies: The Plaintiff requests that the U.S. Department of Commerce initiate a countervailing duty investigation of both fresh and frozen shrimp from Vietnam. The Plaintiff alleges that because raw fresh shrimp accounts for 95 percent of the value of frozen warmwater shrimp, subsidies to Vietnamese fresh shrimp suppliers are also considered subsidies to Vietnamese frozen shrimp exporters.
The subsidy investigation period is 2022; the injury investigation period is from 2020 to the first half of 2023. The Plaintiff alleges that frozen warmwater shrimp and fresh shrimp imported from Vietnam are receiving a series of subsidy programs, causing serious injury or threatening to cause serious injury to the domestic shrimp industry of the United States.
The plaintiffs have alleged a total of 40 programs, belonging to groups such as: loans and guarantees; corporate income tax incentives; exemption of receivables (import tax exemption, irrigation fee exemption, etc.); land rent exemption/reduction incentives; export promotion and investment support programs, agricultural insurance premium support, funding for research and development and cultivation of new varieties, etc.
In particular, the plaintiff alleges a list of programs under the Fisheries Development Strategy to 2030, with a vision to 2045 under Decision No. 339/QD-TTg dated March 11, 2021 of the Prime Minister . According to data from the US International Trade Commission (ITC), in 2022, Vietnam exported about 645 million USD worth of the accused products to the United States, accounting for about 10% of the total shrimp export market share to the United States.
According to US regulations, the procedure for an anti-subsidy investigation is as follows: The Government of the country under investigation (Vietnam) consults with the US Department of Commerce on the Application for Investigation; the US Department of Commerce has 20 days to review the Application for Investigation and issue a decision to initiate/not initiate an investigation, expected on November 14, 2023.
The Trade Remedies Authority said that in some special cases, the US Department of Commerce may extend this period to a total of 40 days; the US International Trade Commission has 45 days from the date of receipt of the Petition to issue a Preliminary Injury Determination. In the event that the US International Trade Commission makes a preliminary determination of no injury, the case will be terminated in its entirety (however, this possibility is usually low).
The U.S. Department of Commerce has 65 days from the date of initiation to issue a preliminary determination of subsidy; the U.S. Department of Commerce has 75 days from the date of issuance of the Preliminary Determination to issue a final determination of subsidy; the U.S. International Trade Commission has 45 days from the date of issuance of the Final Determination of Subsidies to issue a Final Determination of Injury; and the U.S. Department of Commerce has 7 days to issue a Countervailing Duty Order (in the event of a determination of subsidy and injury). (Timelines may be extended.)
To best protect the rights and interests of Vietnamese exporting enterprises, the Trade Defense Department recommends that the association support the notification to enterprises exporting the accused products to prepare a response plan and handle the case in case the US Department of Commerce initiates an investigation.
For enterprises producing and exporting related products: Review the support programs/policies received (if any) during the investigation period, prepare in advance the relevant documents and records. Determine in advance the strategy for participating and handling the case in case the US Department of Commerce initiates an investigation; proactively research and master the regulations and procedures for US anti-subsidy investigations, and the information requirements of the US Department of Commerce to comply properly in case of participating in the case; plan and prepare in advance the resources for handling the case.
At the same time, businesses need to closely monitor the developments of the case by registering an account at the US Department of Commerce's Trade Defense Electronic Information Portal - ACCESS (https://access.trade.gov/login.aspx) to update information and submit relevant documents and materials (when necessary) to the US investigation agency; closely coordinate with the Association and the Department of Trade Defense throughout the process of the case.
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