Circular No. 42/2023/TT-BCT amends and supplements certain Articles of Circular No. 37/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures.

CIRCULAR

Amending and supplementing certain articles of Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to Decree No. 10/2018/NĐ-CP dated January 15, 2018, of the Government detailing some articles of the Law on Foreign Trade Management regarding trade remedy measures;

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Department of Trade Defense;

The Minister of Industry and Trade issues this Circular to amend and supplement certain articles of Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures.

Article 1. Amending and supplementing certain articles of Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures

1. Amending and supplementing Clause 5 of Article 6 as follows:

"5. In cases where organizations or individuals register to participate as interested parties after the deadline specified in Clause 2 of this Article, the Investigating Authority has the right to consider approving or not approving such organizations or individuals as interested parties in the case within seven working days from the date of receipt of the registration form of the interested party. In cases where approval is not granted, the Investigating Authority shall clearly state the reasons."

2. Amending and supplementing Clause 4 and renaming Article 10 as follows:

"Article 10. Scope of goods subject to exemption from anti-dumping measures

4. Similar goods or directly competing goods produced domestically that are not sold on the domestic market under normal conditions or due to force majeure leading to a shortage of supply in the domestic production sector."

3. Amending and supplementing Article 11 as follows:

"1. The total duration of exemption from anti-dumping measures shall not exceed the validity period of the corresponding anti-dumping measure. The Ministry of Industry and Trade will annually review the exemption period for applications for exemption from anti-dumping measures under one of the cases stipulated in Clauses 2, 3, and 4 of this Article.
2. For applications for exemption from anti-dumping measures under point a of Clause 1 of Article 16 of this Circular, the exemption period shall not exceed the application period of the temporary anti-dumping measure.
3. For applications for exemption from anti-dumping measures under point b of Clause 1 of Article 16 of this Circular, the exemption period for these applications shall not exceed 18 months from January 1 of the year the application was received or from the effective date of the exemption decision until December 31 of the same year or December 31 of the following year.
4. For applications for exemption from anti-dumping measures under point c of Clause 1 of Article 16 of this Circular, the exemption period for these applications shall not exceed 18 months from January 1 of the year the application was received or from the effective date of the exemption decision.

5. For additional exemption applications accepted by the Investigating Authority under Clause 4 of Article 16 of this Circular, the additional exemption period shall be calculated based on the exemption period of the initial exemption decision."

4. Amending and supplementing Clause 4 of Article 13 as follows:

"4. The Ministry of Industry and Trade shall not grant exemption from anti-dumping measures for goods subject to anti-dumping measures in the following cases:
a) Granting exemption from anti-dumping measures for such goods may lead to fraudulent behavior aimed at evading the application of anti-dumping measures;

b) Organizations or individuals who have been granted exemption from anti-dumping measures for such goods are found to be non-cooperative or insufficiently cooperative with post-exemption inspection teams of the Investigating Authority."

5. Amending and supplementing Clause 1 of Article 16 as follows:

"1. The Investigating Authority shall notify the acceptance of exemption applications at the following times:
a) Within seven working days from the issuance by the Ministry of Industry and Trade of the decision to apply provisional anti-dumping measures;
b) Within seven working days from the issuance by the Ministry of Industry and Trade of the decision to apply definitive anti-dumping measures;

c) On March 15 and September 15 each year."

6. Amend and supplement Article 20 as follows:

"Organizations and individuals granted exemption from anti-dumping measures must submit periodic reports on importation and use of exempted goods and compliance with exemption conditions and obligations to the Investigating Authority according to the model attached as Appendix IV to this Circular every six months during the exemption period."

7. Amending and supplementing Clause 2 of Article 23 as follows:

"2. Post-exemption verification aims to verify and assess the compliance of organizations and individuals with the conditions and legal provisions regarding exemption from anti-dumping measures."

8. Amending and supplementing Point c of Clause 1 of Article 26 as follows:

"c) Organizations and individuals fail to fulfill the obligation to submit periodic reports as stipulated in Article 20 of this Circular."

Article 2. Repeal certain clauses of Article 10 of Circular No. 37/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures.

Repeal Clause 5 and Clause 6 of Article 10.

Article 3. Implementation Provisions

1. This Circular takes effect from February 16, 2024.

2. For applications for exemption from anti-dumping measures that have been received or decisions on exemption from anti-dumping measures that have been issued before this Circular takes effect, the provisions of Circular No. 37/2019/TT-BCT shall apply.

3. During implementation, if there are any difficulties, organizations and individuals are requested to promptly report them to the Ministry of Industry and Trade for study and resolution./.