Update Developments of Request for Investigation of Anti-dumping PFY Originating From China, India, Indonesia and Malaysia
On Nov 07th, 2019, Trade Remedies Authority of Vietnam (Investigating Body) received Dossier of request from companies representing the domestic industry (Requesting Party). The Dossier requests for investigation of the application of anti-dumping measures on long-fiber products made from polyester (PFY) originating from China, India, Indonesia and Malaysia from companies representing the domestic industry (Requesting Party).
On Nov 22th, 2019, Investigating Body issued official dispatch No. 1056/PVTM-P1 requiring the Requesting Party to supplement, adjust to clarify some contents of the investigated goods, methods and basis for determining dumping margins and losses of the domestic industry.
On Dec 31st, 2019, the Requesting Party fully submitted all additional information as requested.
On January 09th, 2020, the Requesting Party provided additional documents to clarify additional information on the method of calculation, determination dumping margins.
On January 21th, 2020, Investigating Body confirmed that the dossier is complete, valid in accordance with laws on trade remedies.
According to Law on foreign trade management 2017 and guiding or related documents, next steps of anti-dumping case as follows:
Investigating Body shall examine the Dossier to submit to the Minister of Industry and Trade for consideration whether to conduct or not to conduct an investigation: 45 days from the date of receiving a complete, valid dossier, which means January 21th, 2020. Contents of Dossier examination include: (i) Determine the legal representative status of the domestic industry of organizations, individuals that submit the Dossier; (ii) Determine evidence on the dumping of imported goods that cause or threaten to cause significant injury to a domestic industry or significantly prevent the formation of a domestic industry.
In order to prepare the examination, as well as to ensure the legitimate rights and interests of the enterprise, the Investigation Body suggests that the domestic enterprises producing/trading in the same goods mentioned above provide the following information: (i) Information about the enterprises; (ii) Design capacity and production of long fiber products made from polyester (PFY) in 2016, 2017, 2018 and 2019; (iii) The company’s opinion on the case (agree, disagree, no opinion); (iv) Any other documents/evidence that the company thinks it is related to the case. The time limit for providing the above information is before 17:00 on February 14th, 2020 (Hanoi time).
To have more time to review the case file and relevant information, on March 05th, 2020, Ministry of Industry and Trade has issued Decision no. 752/QD-BCT on extension of 30-day time limit for making a decision to investigate the case. Accordingly, the last time limit for issuing decision relating to this case is extended to April 06th, 2020.
The International Trade and Competition lawyers of ANT Lawyers will continue and follow the update from government agencies and advise client on the progress as it develops.
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