On May 15, 2023, the US Department of Commerce (DOC) officially initiated an anti-dumping investigation on steel shelf products imported from Vietnam.
1. Some information about the case
– Product under investigation: Pre-packaged bolt-free steel shelf with HS code 9403.20.0075
– Case code: A-552-835
– Plaintiff: Edsal Manufacturing CO., INC. (USA)
– Initiation date: May 15, 2023
– Anti-dumping investigation period: from October 1, 2022 to March 31, 2023
- Exports:
According to preliminary data from the United States International Trade Commission (USITC), in 2022, Vietnam exported about 32.7 million USD of products subject to investigation to the United States, accounting for about 15.5% of total turnover. Export turnover of countries to the United States, ranking 4th among the above-mentioned exporting countries to the United States (after Taiwan - China, China, Thailand).
– Alleged dumping margin: 92,60% – 224,94%
– Investigation procedures:
+ DOC has issued the Questionnaire on Quantity and Value (Q&V) for Vietnamese businesses. The deadline to respond is May 30, 2023 (businesses can request an extension if necessary). Based on the response information combined with US Customs data, DOC will select the mandatory defendant of the case (usually 2-3 companies). These defendants will continue to participate in answering subsequent questionnaires in the case and will receive separate tax rates. Companies that are not selected can apply for separate tax rates. The deadline to apply for separate tax rates is 30 days from the date of initiation of the case. In case they are not approved for separate tax rates, these companies will be subject to different tax rates determined by the DOC.
+ Replacement value: Because the United States considers Vietnam a country with a non-market economy, the DOC will use replacement values of other third countries to calculate the dumping margin for Vietnam. DOC plans to choose Indonesia as an alternative country in the current case. Parties have time to comment on alternative countries within 30 days before DOC issues preliminary conclusions of the case. It is expected that DOC will issue a preliminary conclusion within 140 days from the date of initiating the investigation of the case (can be extended).
2. Some response recommendations
To ensure the legitimate rights of businesses, the Trade Remedies Department recommends that businesses manufacturing/exporting related products:
– Closely monitor further developments of the case, proactively determine a suitable appeal strategy for the business, diversify markets and export products;
– Cooperate fully with DOC throughout the process of the case. Any action showing non-cooperation or insufficient cooperation may lead to the US Investigation Agency using available evidence to the disadvantage or applying the highest anti-dumping tax to the enterprise. ;
– Proactively register for an IA ACCESS account at DOC's electronic portal (https://access.trade.gov/login.aspx) to update information and submit related documents and documents to US investigation agencies.
– Carefully read DOC's instructions to answer and submit answers to Q&V questions in the correct format and deadline (or request an extension if necessary and must be approved by DOC). Businesses that have responded to this Q&V questionnaire but are not selected as mandatory defendants can apply for separate tax rates. In previous cases investigated by the DOC, if the enterprise did not answer the Q&V questionnaire, the DOC would not be considered for separate tax rates;
– Regularly coordinate and update information with the Trade Defense Department to receive timely support.
For further information, please contact: Department of Foreign Trade Remedies, Department of Trade Remedies, Ministry of Industry and Trade, 23 Ngo Quyen, Hoan Kiem, Hanoi. Specialist in charge: Ha Van Hieu, Phone: 024.7303.7898 (ext. 110), Email: hieuhv@moit.gov.vn; ngocny@moit.gov.vn.
