ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Năm, 30 tháng 9, 2021

Vietnam to Review Application of Anti-Dumping Measures to Plastic and Polymer


On July 20th, 2020 the Ministry of Foreign and Trade issued Decision No.1900/QD-BCT on applying the official anti-dumping measure to some plastic products and products from plastic made of polymer from propylene originated from the Republic People’s of China, Kingdom of Thailand, and Malaysia (Case No.AR01, AD07).

 


On September 24th, 2021, the Ministry of Foreign and Trade issued Decision No.2201/QD-BCT on the first review of the application of anti-dumping measures to Plastic and Polymer.

The reviewed products

The plastic products and products from plastic made of polymer from propylene having the thickness is from 10 microns to 80 microns and the width is from 115mm to 7800mm. These products are holding HS Code 3920.20.10 and 3920.20.91. The current anti-dumping tax for these products is from 9,05% to 23,71% dependent on the exporter.

The scope of the review

To review the anti-dumping duties applied to:

Group of Kunlene companies, including Suzhou Kunlene Film Industries Co., Ltd. and Yunnan Kunlene Film Industries Co., Ltd.; and

Group of Kinwin companies, including Kinwin Plastic Industrial Co., Ltd.; Zhejiang Kinlead Innovative Materials Co., Ltd., and Ultra Fast Development Limited.

The period of review

The Investigating Authority will collect the data related to the review from October 01st, 2020 to September 30th, 2021.

The time limit for the review

According to the regulations on Law on Foreign Trade Management, the time limit for the review of products subject to the anti-dumping measure is 06 months from the day on which the decision on review is issued, with a possible extension up to 03 months if necessary.

The parties need to register as related parties to ensure their rights in this case.

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 competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

Thứ Hai, 27 tháng 9, 2021

Summary of Customs Development Strategy from 2021 to 2030


In order to create favorable conditions for export and import to ensure state budget revenue and combat smuggling of banned and toxic goods, intellectual property infringement, counterfeiting of origin, affecting national security, contributing to national security create fairness and equality in business as well as modernize the Customs sector, the General Department of Customs has issued the Draft Customs development strategy for the period of 2021-2030 to gradually build Vietnam’s Customs in accordance with the new situation.


 

The Draft Decision on Customs development strategy for the period of 2021-2030 (the “Draft”) expect to ensure the management of the State and in compliance with international commitments which Vietnam is a member. Besides, the Draft also is expected to create favourable conditions for enterprises and flexibility in management towards modernization of the Customs in the new era.

The Draft aims at the overall goal of building a regular, modern force, on par with other countries in the region and the world, towards the development of a smart customs system, propose solutions to improve efficiency in the process of carrying out customs procedures and collecting taxes effectively to create convenience for passengers and businesses. At the same time, the Draft also aims to ensure maritime security, national competition and protect Vietnam’s interests and sovereignty.

In addition, the Draft sets out the main goals for the period 2021-2030 with the smart customs model continuing to be the key goal, built in a professional direction, minimizing administrative procedures and synchronization throughout the system, applying the achievements of the Industrial Revolution 4.0 and the cooperation and facilitation of the Customs of developed countries to realize the requirements of reform and modernization of state administration towards building a digital government, E-government. In addition, the prevention of smuggling activities is still a prerequisite goal to protect the business environment in Vietnam. Moreover, the goal is to reduce the human resource apparatus, improve the capacity and qualifications of the customs force to suit the needs of innovation in customs management technology.

The Draft sets a target that by 2025, Customs will strive to complete the redesign of the customs system in the direction of digital customs while ensuring information security; to ensure 90% of applications will be processed online, minimizing manual administrative procedures; to build a paperless, simple and effective working environment. Accordingly, the Draft is expected that 80% of inspection activities will be carried out through the digital environment, the information technology system of the General Department of Customs. Along with that, the Draft would improve the efficiency of the Customs Single Window to 100% for administrative procedures and integrate it on the National Public Service Portal for easy access and implementation by businesses and people; promote the signing of international treaties on customs to create favorable conditions for domestic enterprises as well as ensure the principle of benefits for all parties.

In order to achieve the above objectives, the General Department of Customs has proposed specific solutions to improve the legal system so that the implementation is synchronized; improve management methods to prevent violations and apply information technology to gradually guide people and businesses familiar with online procedures; improve the use of technology for customs officers, step by step reduce inappropriate procedures, and put the smart customs model into the application to make appropriate adjustments to reality.

In terms of customs operations, the Draft also sets out step by step application of supply chain management models to meet current needs and research the implementation in the field of insurance and customs clearance guarantees, accelerate the inspection of goods in electronic form, reduce paperwork to the paperless stage, simplify administrative procedures, reduce waiting time at the border, implement the flow of goods, authorization to check at the border gate, apply modern technology solutions and inspection and monitoring equipment suitable to the characteristics of the border gate area, capable of integrating and exchanging data in a centralized and unified manner.

Regarding tax administration, the Draft expects to uniformly apply taxes and collection rates suitable for each type of goods, minimize the tax filing process, quickly develop tax schedules as well as clear and transparent processes, creating convenience for both payers and regulators.

Management of import and export activities, import and export of means of transport must be unified, concentrated, and minimized the handling process, cutting unnecessary intermediary stages. The Draft also aims to encourage and create conditions for people, businesses and related parties to participate in legal policy criticism, cooperate with customs authorities in law enforcement and supervision.

With this Draft, Vietnam has the prospect that by 2030, Vietnam will complete the renovation and modernization in the customs sector, including building a strong and clean customs force, as well as equipping vehicles and applying artificial intelligence technology in customs management, striving to build a customs force on par with developed countries in the region, keeping up with advanced countries in the world.

ANT Lawyers, a law firm in Vietnam with customs lawyers in Vietnam always follow up customs cases and its development to update clients on regular basis.

Thứ Hai, 20 tháng 9, 2021

The Ministry of Industry and Trade Receiving Request for Exemption from Applying Anti-Dumping and Countervailing Measures in September 2021


According to the regulations on the trade remedies in the Circular No.37/2019/TT-BCT on providing detailed regulations on trade remedy, in March and September of every year, the Trade Remedies Agency of Vietnam requires the companies which meet the conditions of exemption from apply anti-dumping and countervailing measures in the cases of AD01 (Cold rolled stainless steel products), AD02 (Galvanized steel products), AD03 and AD12 (H-Shaped steel products), AD04 (Color coated steel products), AD05 (Aluminum profiles products), AD07 (Plastics and plastic products made from polymers of propylene), AD08 (Cold rolled (cold pressed) steel in coils or sheets), AD09 (MSG), AD10 (Long yarn made of polyester), AD13-AS01 (Sugar cane), AD14 (Sorbitol).

 



Deadline for companies submitting the dossier on requiring applying for the exemption from anti-dumping and countervailing measures is before 5:00 P.M on October 09th, 2021.

Application dossiers for applying for the exemption from anti-dumping and countervailing measures:

i) A written request for exclusion from trade;

ii) A copy of the enterprise’s certificate of business registration or investment certificate;

iii) Description of the good for which the exclusion request is submitted, including scientific name, trade name, common name; basic physical and chemical properties; main uses; production process; applicable international and domestic standards and/or regulations; HS code according to Vietnam’s nomenclature of exports and imports;

iv) The document stating information about the volume, quantity and value of the imported good for which the exclusion request is submitted (in the last 03 years and in current year);

v) The written production process of the product of which input material is the good for which the exclusion request is submitted;

vi) The demand for consumption or use of the imported good for which the exclusion request is submitted (in the past 03 years and in the current year);

vii) The prescribed or estimated level of consumption of raw material which is the good for which the exclusion request is submitted;

viii) Documents or samples proving the difference between the good for which the exclusion request is submitted and the like or directly competitive products produced by the domestic industry;

ix) The document stating information about the production line and output of the good for which the exclusion request is submitted in the past 03 years and those in the current year;

x) Documents proving the demand for use of the quantity of good for which the exclusion request is submitted, including contracts signed with customers, written approvals for in-progress projects or other relevant documents.

Note: In case the company which has been granted an exemption for 2021 is about to use up the granted exemption volume, the company can submit an additional application for exemption at any time in 2021.

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 competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

 

Thứ Tư, 15 tháng 9, 2021

Notice of Application for Exemption from Trade Remedies for Fertilizers, Billet and Long Steel Product


On March 03rd, 2020, the Ministry of Industry and Trade issued Decision No. 715/QD-BCT on extending the application of safeguard measures to the goods which are imported DAP/MAP fertilizers bear the following HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

 


   Notice of Application for Exemption from Trade Remedies for Fertilizers, Billet and Long Steel Product

On March 20th, 2020, the Ministry of Industry and Trade issued Decision No. 918/QD-BCT on extending the application of safeguard measures to the goods which are imported billet and long steel products bear the following HS codes: 7207.11.00; 7207.19.00; 7207.20.29; 7207.20.99; 7224.90.00; 7213.10.10; 7213.10.90; 7213.91.20; 7214.20.31; 7214.20.41; 7227.90.00; 7228.30.10; 9811.00.00.

On March 20th, 2020, the Ministry of Industry and Trade issued Decision No. 920/QD-BCT; on extending the application of measures to prevent evasion of trade remedies for imported coil and wire products which bear the following HS codes: 7213.91.90; 7217.10.10; 7217.10.29; 7229.90.99; 9839.10.00.

According to the regulation of Article 16.1.c Circular 37/2019/TT-BCT on November 29th, 2019, the Ministry of Industry and Trade specified some contents on trade remedy measures (Circular 37/2019/ TT-BCT) in detail. Whereby, the Trade Remedies Administration (PVTM) requests enterprises that meet the conditions to be exempted in submitting a dossier of application for exemption from the application of trade remedies in the three cases mentioned above, including: documents specified in Article 14 and Appendix 03 Circular 37/2019/TT-BCT.

According to the regulation of Articles 15 and Article 16.3 Circular 37/2019/TT-BCT, it is recommended that companies to submit their application for exemption online or directly to the Trade Remedies Department before 17:00 on October 6th, 2021.

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 competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

Thứ Ba, 14 tháng 9, 2021

The Ministry of Industry and Trade to Investigate the Dumping of Table and Chair Products Imported into Vietnam


On September 01st2021 the Ministry and Trade issued the Decision No.2091/QD-BCT on investigation of application of anti-dumping measures for some table and chair products holding the HS Code: 9401.30.00; 9401.40.00; 9401.61.00; 9401.69.90; 9401.71.00; 9401.79.90; 9401.80.00; 9401.90.40; 9401.90.92; 9401.90.99; 9403.30.00; 9403.60.90; 9403.90.90 origin China and Malaysia (Case code AD16) (Decision No.2091).

 


On December 29th, 2020 the Trade Remedies Authority of Vietnam received the required dossier of some domestic producers on applying anti-dumping measures of the products above. This dossier is confirmed that is valid on June 03rd, 2021.

According to the regulation on Law on Foreign trade management, Decision No.2091, and related regulations, the period of anti-dumping investigation is 12 months from July 01st, 2020 to June 30th, 2021. And the investigation period for determining damage is 03 years from July 01st, 2018 to June 30th, 2021.

The requesting anti-dumping tax of the requesting parties is 35,20% for the table, and 21,40% for the chairs products from China. The requesting anti-dumping tax is 32,40% for table and 24,90% for chair products from Malaysia.

The Trade Remedies Authority will send an investigation questionnaire to relevant parties to collect information, analyze and evaluate the allegations, including: (i) dumping behavior of the exporting enterprises of China and Malaysia; (ii) damage to the domestic industry; and (iii) a causal relationship between dumping and damage to the domestic industry.

The related organizations, individuals having importing, exporting, trading, using the investigation products should register the related parties and provide the necessary information to the Trade Remedies Authority to ensure their rights and benefit according to the regulation of the laws.

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 competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

Thứ Ba, 7 tháng 9, 2021

Investigation against Evasion of Trade Remedies for a Cane Sugar Products from Thailand


On June 15th, 2021, the Ministry of Industry and Trade issued the Decision No. 1578/QD-BCT on imposition of official anti-dumping and countervailing duties on cane sugar products imported from kingdom of Thailand (Case No.AD13-AS01). However, on August 25th, 2021 the Ministry of Industry and Trade received the dossier on requesting investigation against evasion of trade remedies of 06 domestic sugarcane industries.


 

According to the Decision No.1578/QD-BCT, the goods on which the official anti-dumping and countervailing duties are imposed bear the following HS codes: 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91. The official anti-dumping duty rate is 42.99% and the official countervailing duty rate is 4.65% will be applied for 05 years since June 16th, 2021.

Until now, the exporting turnover of the products above of other countries in ASEAN (without Thailand) increases in value. The Ministry of Industry and Trade works with The Vietnam Sugarcane Association monitors the import situation and actively consults and supports the Vietnam Sugar Association as well as the domestic sugarcane industries in collecting information, data, and building request dossiers on requesting investigation against circumvention of trade remedies with cane sugar products to ensure compliance with the provisions of Vietnam’s trade remedy law.

Acts of evading trade remedies are often complex in nature, involving many matters, legal regulations and international commitments. The countries also have different regulations on this issue. In some cases, even though goods fully meet the rules of origin, they can still be considered circumvention.

According to the regulation of Article 81.1 Decree No.01/2018/ND-CP on guidelines for the law on foreign trade management on trade remedies, the Ministry of Industry and Trade confirmed that the dossier is valid. Within 45 days after the receipt of the valid dossier, the Minister of Industry and Trade shall consider the investigation based on the results of examination of dossiers of the investigating authority.

The investigation for prevention of evasion of trade remedies includes the following contents (i) Determination of actions aiming to evade trade remedies; (ii) The change of trade flows from the originating or exporting countries after the effective date of the decision on application of trade remedies and this change is the cause of such evasion; (iii) Damage to the domestic industry or the reduced effectiveness of the effective trade remedies.

The time limit for investigation of evasion of trade remedies shall not exceed 06 months since the issuance of the investigation decision.

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 competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

Parties could consult with international trade dispute lawyers in Vietnam for assistance in responding to Vietnam authorities.