On July 29, 2024, the Trade Remedies Authority (TRAV), the investigation agency received a dossier from a company representing the domestic manufacturing sector (the petitioner), requesting an anti-dumping investigation on imported wood fiberboard from Thailand and China.
Possible Anti-dumping Investigation on Imported Wood Fiberboard
On August 13, 2024, TRAV confirmed that the dossier was complete and compliant with the legal requirements for trade remedies, marking the formal initiation of the process.
Within 45 days from the date of dossier confirmation, the TRAV will assess the dossier and submit its recommendations to the Minister of Industry and Trade for a decision on whether to initiate an anti-dumping investigation.
This evaluation phase is critical in ensuring that the allegations meet the legal thresholds for proceeding with a formal investigation.
The assessment will cover two main aspects:
Legitimacy of Representation: TRAV will determine whether the organization or individual submitting the complaint is a legitimate representative of the domestic manufacturing industry, as defined under the Foreign Trade Management Law.
Evaluation of Evidence: TRAV will evaluate the evidence provided to ascertain whether the imported goods are being dumped. This includes analyzing whether the dumping is causing or threatening to cause significant injury to the domestic industry or is substantially hindering its establishment.
To assist in the thorough evaluation of the dossier and protect the rights and interests of domestic enterprises, TRAV has requested that domestic manufacturers and businesses involved in similar goods submit the following information:
- Company details;
- The company’s position on the matter (support, opposition, or neutral);
- Any additional documents or evidence deemed relevant to the case.
The deadline for submitting this information is August 30, 2024.
Procedures for Possible Anti-dumping Investigation on Imported Wood Fiberboard
Once a decision is made to initiate an investigation, the following timeline typically applies in a standard anti-dumping case:
Preliminary Investigation
The investigation phase begins immediately after the decision is made. The Investigation Agency has up to 90 days to conduct a preliminary investigation. This period can be extended by another 60 days if necessary. During this phase, the agency collects data, reviews responses from involved parties, and may conduct on-site verifications.
Preliminary Determination
Based on the findings of the preliminary investigation, the agency will issue a preliminary determination, either imposing provisional anti-dumping duties or concluding that no provisional measures are needed. This step usually takes place within 180 days of the initiation of the investigation.
Final Investigation
After the preliminary determination, the investigation enters the final stage, which includes further data collection, hearings, and additional verifications. The Investigation Agency has 150 days to complete this final investigation. However, this can be extended by up to 90 days if the complexity of the case requires it.
Final Determination
The final determination is issued at the conclusion of the investigation, typically within 12 to 18 months of the start of the investigation. This determination may result in the imposition of definitive anti-dumping duties, which can last for five years, or in a decision not to impose duties if the evidence does not support the case.
Post-Determination Review
After the imposition of duties, interested parties can request a review of the anti-dumping measures. These reviews are generally conducted annually and are intended to determine whether the duties should be maintained, modified, or terminated.
Considerations for Possible Anti-dumping Investigation on Imported Wood Fiberboard
Cooperation from Foreign Exporters and Domestic Producers
Throughout the process, foreign exporters, domestic producers, and importers are encouraged to cooperate with the Investigation Agency by providing detailed responses to questionnaires and participating in hearings. Lack of cooperation may result in the application of adverse facts available, potentially leading to higher anti-dumping duties.
Public Interest Consideration
In some cases, the agency may also assess the public interest in imposing anti-dumping measures, considering factors such as the impact on consumers, downstream industries, and the overall economic effects.
By adhering to this timeline and procedure, the Trade Remedies Authority ensures a fair and transparent process in addressing anti-dumping allegations and safeguarding the domestic industry from unfair trade practices.
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Source: https://antlawyers.vn/update/anti-dumping-investigation-on-imported-wood-fiberboard.html
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