On September 11, 2023, the United States Department of Commerce (DOC) published a notice initiating an administrative review of certain Vietnamese export products subject to anti-dumping or countervailing duties.

 

The products under review by the U.S. include:

 

1. Steel Nails: Case number A-552-818 (anti-dumping); review period: July 1, 2022, to June 30, 2023. Case number C-552-819 (countervailing); review period: January 1, 2022, to December 31, 2022.

 

2. Welded Stainless Pressure Pipe: Case number A-552-816 (anti-dumping); review period: July 1, 2022, to June 30, 2023.

 

3. Passenger Vehicles & Light Trucks Tires: Case number C-552-829 (countervailing); review period: January 1, 2022, to December 31, 2022.

 

If a business does not engage in export activities during the review period but is still listed in the U.S. investigating agency's review list, the businesses must promptly notify the investigating agency to be excluded from the review.

 

This notification must be made within 30 days from the date the DOC issues the initiation notice for the administrative review of anti-dumping or countervailing duties on the products under investigation. The deadline for this response is expected to be October 11, 2023.

 

During this period, businesses can also apply for separate duty rates since Vietnam is classified as a non-market economy. In cases where companies do not apply for separate duty rates and are not designated as mandatory respondents, they may be subject to a higher national rate, which is usually disadvantageous for businesses.

 

According to U.S. trade laws, by October 16, 2023, or if no responses are received, the DOC must issue its preliminary results of the review based on the export volume of companies, from highest to lowest, according to data from the U.S. Customs and Border Protection (CBP).

 

Mandatory respondents will receive Quantity and Value questionnaires. After receiving these questionnaires, companies are obliged to respond within a specified time frame to avoid being deemed uncooperative with the investigating agency and facing higher duty rates.

 

Furthermore, within 90 days from the initiation date, or by December 10, 2023, parties can withdraw their review requests.

 

The final results of the reviews for the products under investigation are expected to be issued no later than July 31, 2024. In the upcoming period, the DOC will request information to select a surrogate country for calculating values as a replacement for Vietnam. In the POR19 administrative review of frozen fish fillets exported from Vietnam to the United States, Indonesia was chosen as the third country by the DOC due to several economic similarities between Vietnam and Indonesia.

Source: Mondaq