ARTICLE
5 December 2022

The US Department Of Commerce Received A Request For An Investigation Against The Circumvention Of Trade Remedy Measures Regarding Imported Collated Steel Staples Originating From Vietnam

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According to preliminary data from the United States International Trade Commission (USITC), Vietnam exports about 18 million USD of products subject to investigation to the United States in 2021.
Vietnam International Law

On November 15, 2022, the US Department of Commerce issued a notice on officially receiving the application for an investigation against the circumvention of trade remedy duty for staples originating from Vietnam.

According to preliminary data from the United States International Trade Commission (USITC), Vietnam exports about 18 million USD of products subject to investigation to the United States in 2021.

The amount of goods under investigation from Vietnam accounts for about 12% of the total export turnover of countries to the United States. Consequently, Vietnam is only behind China and South Korea in total staples exports to the United States.

During the period from 2019, the export turnover of staples from Vietnam to the United States has increased dramatically. Specifically, in 2019 Vietnam only had a total export turnover of 2 million USD, which increased to 16 million USD in 2020 and 18 million USD in 2021.

The United States received a request for an investigation against circumvention of trade remedy duty for staples imported from Vietnam

According to US law, the US Department of Commerce DOC investigation agency will have 30 days from the date of official receipt of the application for investigation (November 15, 2022) to issue a notice to initiate an investigation into the case. This time limit may be extended for another 15 days with the condition that the DOC clearly states the reason for the extension and this must be an official notice. Thereby, the deadline for the DOC to make a formal decision on whether to initiate an investigation will be December 30, 2022.

In order to protect their interests, enterprises manufacturing stapled products under investigation to the US market need to contact the Vietnam Department of Trade Remedies and a law firm specializing in anti-dumping for advice about the measures to be taken. In particular, it is especially important to respond to requests from the US Department of Commerce in good faith, on time, and according to requirements.

Application details can be downloaded here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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