ARTICLE
2 December 2022

The US Department Of Commerce Announced The Fifth Extension Of The Deadline For Issuing Final Conclusions In The Anti-Circumvention Investigation Case Of Stainless Steel Sheet And Strips Imported From Vietnam

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On May 15, 2020, the United States Department of Commerce (DOC) initiated an anti-dumping and anti-subsidy duty evasion investigation on the stainless steel sheet and strip products with origin from Vietnam.
Vietnam International Law

On May 15, 2020, the United States Department of Commerce (DOC) initiated an anti-dumping and anti-subsidy duty evasion investigation on the stainless steel sheet and strip products with origin from Vietnam.

The contents of the DOC's investigation in this case include:

  • Scope inquiry: This field of investigation aims to determine whether stainless steel sheet and strip products manufactured in China are then further processed in Vietnam before being exported to the United States are subject to duties.
  • Investigation of circumvention behavior of Vietnamese enterprises: This field of investigation aims to determine whether the import of stainless steel sheet and strip goods in China, processed in Vietnam, and then exported to the United States constitutes an act of circumvention of anti-dumping duties.

The United States has applied anti-dumping and anti-subsidy measures against China on stainless steel sheet and strip products since February 2017.

The HS codes in the investigation belong to groups 7219 and 7220. Anti-dumping duty is applied from 63.86 to 76.64% and anti-subsidy duty is from 75.60% to 190.71%.

It should be noted that these are the US duties on China in the above product range. Accordingly, Vietnam is currently not subject to any anti-dumping and anti-subsidy duty rates, equivalent to a duty rate of 0%.

Based on activities taking place in Vietnam, the United States has decided to initiate an anti-circumvention investigation against stainless steel sheet and strips imported from Vietnam.

The investigation case has been going on for a long time and still has not had a positive result. On the latest update, on September 2, 2022, DOC announced the extension of the time to issue final conclusions for both contents of the investigation against evasion of trade remedies for stainless steel sheet and strips imported from Vietnam to January 4, 2023.

Thereby, this is the fifth time the US has announced an extension of the investigation period for this case.

In order to protect the legitimate interests of enterprises producing and exporting products subject to investigation, in this case, the Vietnam Department of Trade Remedies recommends that relevant businesses continue to closely monitor the developments of the case and learn the regulations, order, and procedures for anti-duty circumvention investigation of the United States.

When required, businesses need to closely cooperate with the investigation agency as well as the Department of Trade Remedies of Vietnam to protect their interests and avoid high duty rates due to non-cooperation.

It is best for businesses to contact and cooperate with a law firm specializing in anti-dumping in Vietnam and internationally so that both can prepare a response plan for all possible situations.

The DOC renewal notice can be downloaded here.

Originally published September 21, 2022

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