On September 21, 2021, the Ministry of Industry and Trade issued Decision No. 2171/QĐ-BCT on initiation of anti-circumvention investigation on cane sugar originating from Thailand through Laos, Cambodia, Indonesia, Malaysia and Myanmar (AC02.AD13-AS01).

I. Relevant information: 

1. Initiation date: September 21, 2021 

2. Good in investigation: Cane sugar - HS codes: 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91 originating from Cambodia, Laos, Malaysia, Myanmar and Indonesia.

3. Investigation period: From September 21, 2021 to March 22, 2022.

 

4. Petitioner: Sơn La Cane Sugar Company, Sơn Dương Cane Sugar Company, KCP Việt Nam, Cần Thơ Cane Sugar Company, 333 Cane Sugar Company, Sóc Trăng Cane Sugar Company.

 

5. Decision on applying anti-circumvention measures: 

 

On August 01 2022, the Ministry of Industry and Trade issued Decision No. 1514/QD-BCT on applying anti-circumvention measures on cane sugar originating from Thailand through Laos, Cambodia, Indonesia, Malaysia and Myanmar

 

Manufacturering and exporting businesses’ names	Anti - circumvention Measures
	Anti-dumping duty	Anti-subsidy duty
Kingdom of Cambodia
Every Cambodia’s manufacturering and exporting businesses	42.99%	4.65%
Republic of Indonesia
Every Indonesia’s manufacturering and exporting businesses	42.99%	4.65%
Lao People's Democratic Republic
Every Laos’s manufacturering and exporting businesses	42.99%	4.65%
Malaysia
Every Malaysia’s manufacturering and exporting businesses	42.99%	4.65%
Republic of the Union of Myanmar
Every Myanmar’s manufacturering and exporting businesses	42.99%	4.65%

 

6. Reviews:

 

On August 3, 2023, the Ministry of Industry and Trade issued Decision No. 1989/QĐ-BCT on the results of the first review of the application of anti-dumping and anti-dumping measures for a number of cane sugar products originating from Thailand (case code AR01.AD13-AS01). The conclusion of the investigation shows that there is a change in the level of dumping and subsidies rates for some manufacturers/exporters from Thailand that are requested to be reviewed, specifically as follows:

 

No.	Manufacturers/Exporters	Name of related trading companies	Anti-dumping measure	Anti-subsidy measure
1	Mitr Phol Sugar Corp., Ltd.	- Pacific Sugar Corporation Limited - Czarnikow Group Limited.	32,75%	0[1]%
2	United Farmer & Industry Co., Ltd.
3	Singburi Sugar Co., Ltd.
4	Mitr Kalasin Sugar Co., Ltd.
5	Thai Roong Ruang Industry Co., Ltd.	Siam Sugar Export Corp Ltd.	25,73%	4,65%
6	Thai Multi Sugar Industry Co., Ltd.
7	Baanrai Sugar Industry Co., Ltd.
8	Phitsanulok Sugar Co., Ltd.
9	The Cholburi Sugar & Trading Corp., Ltd.
10	Các công ty khác của Vương quốc Thái Lan		42,99%	4,65%

 

[1] Because the subsidy margin determined for the Mirt Phol group of companies is less than 2%, the provisions of Clause 2, Article 86 of the Law on Foreign Trade Management are not applied.

 

7. Progression

 

- Outcomes of the 1st review: On June 10, 2024,  the Ministry of Industry and Commerce issued Decision No. 1407/QD-BCT on the outcomes of reviewing new exporters in the investigation against evasion of trade remedies (NR02.AC02.AD13-AS01)

 

 II. Case calendar:

 

Date (D/M/Y)	Event
21/09/2021	Initiation of the investigation of anti-circumvention (Decision No. 2171/QĐ-BCT)
25/10/2021	Issued a survey questionnaire for domestic manufacturers and importers (Deadline: before 5 pm on December 1st 2021 (Hanoi time))
26/10/2021	Issued a survey questionnaire for foreign manufacturers and exporters (Deadline: before 5:00 p.m. on December 1st, 2021 (Hanoi time)
01/08/2022	Issued Decision No. 1514/QD-BCT on applying anti-circumvention measures
03/08/2023	Issued Decision No. 1989/QĐ-BCt on the results of the first review on the application of the anti-dumping and anti-subsidy measures
10/6/2024	Decision 1407/QD-BCT on the results of reviewing new exporters in the investigation against evasion of trade remedies (NR02.AC02.AD13-AS01)

 

The case file (in Vietnamese) is attached below:

Tải tài liệu
1. Decision No. 2171/QD-BCT to initiate anti-circumvention investigation
Questionnaire for the Government of Thailand
Questionnaire for importers
Questionnaire for domestic manufacturers
Questionnaire for foreign manufacturers and exporters
2.Decision and Notice of Preliminary antidumping tax
3.Decision 1514/QD-BCT on application of measures against evasion of trade remedies
4.Decision No. 1989/QĐ-BCT on the results of the first review of the application of the anti-dumping and anti-subsidy measure
5. Decision No. 1407/QĐ-BCT - Outcomes of the first review on anti-dumping measures application