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Pursuant to Article 16 of Circular 37/2019/TT-BCT detailing a number of contents on trade remedy measures, the Ministry of Industry and Trade of Vietnam issues an official notice on the receipt of the application for exemption of official anti-dumping measures for some welding consumable products after Vietnam issued Decision No. 1624/QD-BCT dated August 15, 2022, on the application of the anti-dumping duty on some welding consumable products originating from Malaysia, China, and Thailand.

On August 15, 2022, the Ministry of Industry and Trade of Vietnam issued Decision No. 1624/QD-BCT on the application of official anti-dumping duty on some welding consumable products originating from Malaysia, Thailand, and China.

According to Decision 1624, welding consumable products subject to anti-dumping duties include drug-coated 308 stainless steel welding rods with HS codes 7217.10.10, 7217.3019, 7217.90.10, 7229.0.00, 7229.90.20, 7229.90. 99, 8311.10.10, 8311.10.90, 8311.30.91, 8311.30.99, 8311.90.00 originating from Malaysia, Thailand and China.

Receipt of application for exemption from the application of official anti-dumping measures for some welding consumable products

According to Article 10 of Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Vietnam Ministry of Industry and Trade detailing a number of contents on trade remedy measures, the Vietnam Minister of Industry and Trade will consider exemption from temporary trade remedies measures or official trade remedies measures to a number of imported goods subject to trade remedies in one of the following cases:

1. Goods that cannot be produced domestically;

2. Goods with distinctive characteristics from domestically produced goods that cannot be replaced by domestically produced goods;

3. Goods are special products of similar goods or directly competitive goods produced in the country;

4. Similar goods or directly competitive goods produced in the country that are not sold on the domestic market under the same normal conditions;

5. Similar goods or directly competitive goods produced in the country that do not meet the quantity used in the country;

6. Imported goods in the total amount requested for exemption specified in Clauses 1 to 5 of this Article for research and development purposes and other non-commercial purposes.

The Vietnam Ministry of Industry and Trade’s issuance of a notice of receipt of an application for exemption from anti-dumping measures must comply with the provisions of Article 16 of Circular 37/2019/TT-BCT.

Specifically, the investigating authority shall notify the receipt of dossiers of exemption from the application of anti-dumping measures in the following cases:

a) After the Ministry of Industry and Trade issues the decision to apply temporary trade remedies;

b) After the Ministry of Industry and Trade issues the decision to apply official trade remedies;

c) March and September every year.

Accordingly, after the Vietnam Ministry of Industry and Trade issued the decision to apply official trade remedies under Decision No. 1624/QD-BCT dated August 15, 2022 on the application of anti-dumping duty on some welding consumable products originating from Malaysia, China and Thailand, the Ministry has continued to issue a notice of receipt of applications for consideration of exemption from anti-dumping measures.

Thereby, enterprises that meet the conditions to be exempted from anti-dumping measures can consider submitting an application for exemption from the application of official anti-dumping measures in the AD15 case including documents data specified in Article 14 and Appendix III of Circular 37/2019/TT-BCT.

Pursuant to Clause 3, Article 16 of Circular 37/2019/TT-BCT, the application for exemption should be sent to the online public service portal at the address: https://dichvucong.moit.gov.vn or to the Vietnam Department of Trade Remedies before 5 pm on September 26, 2022.

Manufacturers and exporters of products subject to the investigation may consider contacting a law firm specializing in anti-dumping in Vietnam and internationally for timely assistance.

Download the documents here: Announcement and Instructions for submitting and tracking a trade remedy exemption application.

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