Pursuant to Article 16 of Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Vietnam Ministry of Industry and Trade detailing a number of contents on trade remedies, on September 7, 2022, the Ministry of Industry and Trade of Vietnam has issued a notice to receive the application for exemption from trade remedies in September 2022.
According to the provisions of Clause 3, Article 16 of Circular No. 37/2019/TT-BCT, within 30 days from the date the investigation agency notifies the receipt of the exemption dossier, organizations and individuals that have the need for exemption must send the application for exemption specified in Article 14 of Circular No. 37 to the investigation agency.
The dossier of request for exemption from the application of trade remedies includes the following papers and documents:
a) An application form for exemption from the application of trade remedies;
b) A copy of the business registration certificate or investment certificate of the enterprise;
c) Description of imported goods for which exemption is requested, including: scientific name, trade name, common name; basic physical and chemical properties; primary use purpose; production process; international and Vietnamese standards and regulations, and commodity codes according to the list of Vietnamese imports and exports;
d) Information on the volume, quantity and value of imported goods requested for exemption (in the last 3 years and the current year);
dd) The production process of products using input materials that are goods for which the exemption is requested;
e) Demand for consumption or use of imported goods for which exemption is requested (in the last 3 years and the current year);
g) Consumption norms as prescribed by law or expected usage norms of raw materials being imported goods for which exemption is requested;
h) Documents or designs proving the difference between the goods requested for exemption and similar goods or directly competitive goods produced in the country;
i) Information about the facility, production line, and production output of the goods requested for exemption in the last 3 years and the current year;
k) Documents proving the need to use the number of goods requested for exemption, including: contracts signed with customers, approval of ongoing projects, or other relevant documents.
Accordingly, the parties will have until October 7, 2022, to submit an application for exemption from trade remedies.
In the event that an enterprise that has been granted an exemption for 2022 is about to use up the granted exemption volume, the enterprise can carry out the procedure of submitting an additive exemption dossier to the investigating agency at any time in the year 2022.
Instructions for submitting and tracking a trade remedy exemption application can be downloaded here.
Originally published September 11, 2022
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