Imposition of anti-dumping measure includes imposition of provisional anti-dumping duty and official anti-dumping duty. According to Law on export and import duties 2016, anti-dumping duty means an additional import duty imposed upon dumped imports in Vietnam that cause or threaten to cause considerable damage to domestic manufacturing or prevent the formation of domestic manufacturing.
Anti-dumping Law firm in Vietnam
The imposition of provisional anti-dumping duty is decided by
the Minister of Industry and Trade according to the preliminary determination
provided by the investigating authority. The rate of provisional anti-dumping
duty shall not exceed the dumping margin defined in the preliminary determination.
The maximum duration of imposition of provisional anti-dumping duty is 120 days
from the days on which the decision on imposition of anti-dumping duty comes
into force. In case of the request of an exporter of like products exported to
Vietnam, the Minister of Industry and Trade may give an extension of
provisional anti-dumping duty up to 60 days. The provisional anti-dumping duty
shall be imposed after 60 days since the issuance of the decision on
investigation of the Minister of Industry and Trade. The amount of anti-dumping
duty paid under decision on imposition provisional anti-dumping duty issued by
the Minister of Industry and Trade that is in excess of the payable amount
after the official decision of Minister of Industry and Trade shall be refunded
to the taxpayer.
The imposition official anti-dumping duty is decided by the
Minister of Industry and Trade according to the final determination provided by
the investigating authority. The rate of anti-dumping duty shall not exceed the
dumping margin defined in the final determination. The maximum duration of
anti-dumping duty is five years from the day on which the decision on
imposition of anti-dumping duty comes into force, unless it is extended as
prescribed in the law.
Two conditions for applying anti-dumping duties are the imports
being dumped in Vietnam and the dumping margin must be determined and the
dumping causes or threatens to cause considerable damage to domestic
manufacturing or prevents the formation of domestic manufacturing. Rules for
applying anti-dumping duties include: (1) Anti-dumping duty may only be applied
to a reasonable extent to prevent or minimize damage to domestic manufacturing;
(2) The anti-dumping duties shall be applied after an investigation is carried
out and conform to the investigation conclusion as prescribed by law; (3)
Anti-dumping duty shall be imposed upon dumped imports in Vietnam; (4) The
application of anti-dumping duties must not cause damage to domestic
socio-economic interest.
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