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7 December 2022

The US Department Of Commerce Issued The Final Conclusion In The 18th Administrative Review Of Anti-dumping Duty On Frozen Fish Fillets Imported From Vietnam

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The frozen fish fillets are of the species Pangasius Bocourti, Pangasius hypophthalmus, and Pangasius Micronemus.
Vietnam International Law

On September 7, 2022, the US Department of Commerce issued the Final Conclusion of the 18th anti-dumping duty administrative review (POR18) for frozen fish fillets imported from Vietnam. The frozen fish fillets are of the species Pangasius Bocourti, Pangasius hypophthalmus (also known as Pangasius Pangasius), and Pangasius Micronemus.

According to statistics of the General Department of Customs, in 2020, Vietnam's pangasius exports to the US reached 83,159 tons, with a turnover of about 228.79 million USD.

According to information from the Vietnam Association of Seafood Exporters and Producers (VASEP), in 2021, Vietnam exported about 370.6 million USD of pangasius fish to the United States. Statistically, Vietnam's export turnover to the US for this aquatic product increased by more than 50% compared to 2020.

According to VASEP's statistics, the total seafood export turnover of Vietnam in the first eight months of 2022 reached about 7.6 billion USD, up about 36.2% over the same period in 2021, of which pangasius exports achieved a turnover of about 1.8 billion USD, an increase of nearly 81% over the same period in 2021.

China and the United States are the two leading export markets of Vietnam's pangasius. For China, the export turnover of this aquatic product in the first eight months of 2022 is nearly 500 million USD. For the US market, the total export turnover in the same period was 428 million USD.

Despite being dutied by the US from 2003 until now, many large Vietnamese pangasius producers and exporters still maintain the anti-dumping duty rate of 0.00 USD/kg through the review periods, demonstrating the transparency and non-deception of a large part of Vietnamese enterprises and the fairness and strictness in the procedures for reviewing and issuing decisions by US investigative agencies.

This achievement is not possible without the close cooperation between the Association, export enterprises, relevant agencies of Vietnam, and the investigation agency of the United States.

Promulgating the final conclusion in the 18th administrative review of anti-dumping duty on pangasius imported from Vietnam

On March 10, 2022, the US Department of Commerce (DOC) issued the final conclusion of the 17th anti-dumping duty administrative review (POR17) for the period from August 1, 2019 to July 31, 2020 for pangasius of Vietnam.

A total of 63 enterprises are subject to administrative review of anti-dumping duty. However, 28 out of 63 businesses subject to review would not be inspected for a variety of reasons.

According to the conclusion, there were about 10 Vietnamese pangasius exporters that are not subject to anti-dumping duties from the United States, including a number of large exporters such as Vinh Hoan Joint Stock Company, Nam Viet Joint Stock Company, Nha Trang Seafood Joint Stock Company.

After POR17, DOC continued to conduct the 18th anti-dumping duty administrative review (POR18) for the period from August 1, 2020 to July 31, 2021.

During the DOC investigation, the Ministry of Industry and Trade of Vietnam continuously worked closely with the Vietnam Association of Seafood Exporters and Producers (VASEP), Vietnamese exporters, and the United States to resolve related issues in order to ensure the legitimate rights and interests of Vietnam.

On September 7, 2022, the US Department of Commerce issued the Final Conclusion of the 18th Anti-Dumping Duty Administration Review (POR18).

At the request of the parties concerned, the DOC has maintained the current anti-dumping duty rate applied to each company based on the results of the most recent reviews.

In addition, during this POR18 review, the DOC also determined that a Vietnamese exporting company was not eligible for a separate duty rate, thus receiving a national duty rate of $2.39/kg.

Currently, the DOC is receiving the application for the 19th anti-dumping duty review (POR19) for the period from August 1, 2021 to July 31, 2022 for Vietnamese pangasius.

As usual, the Ministry of Industry and Trade of Vietnam will certainly continue to work closely with the Vietnam Association of Seafood Exporters and Producers (VASEP), Vietnamese pangasius exporters, and the US counterparts throughout the investigation and review process.

The final conclusions of the DOC can be downloaded here.

Originally published SEPTEMBER 11, 2022.

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