Chapter II
INVESTIGATION FOR APPLICATION OF ANTI-DUMPING MEASURES
Article 8.- Grounds for investigation
1. The investigation for application of anti-dumping measures shall be conducted when dossiers of request for application of anti-dumping measures are filed by organizations or individuals representing the domestic industries.
Organizations or individuals filing dossiers of request for application of anti-dumping measures shall be regarded as representatives of a domestic industry when there exist the following two conditions:
a/ The volume, quantity or value of goods they produce or represent accounts for at least 25% of the total volume, quantity or value of the like goods of the domestic industry.
b/ The volume, quantity or value of goods prescribed at Point a of this Clause and of the domestic producers that support the filing of dossiers of request for application of anti-dumping measures must be bigger than the volume, quantity or value of the like goods of the domestic producers that oppose the requests for application of anti-dumping measures.
2. The Trade Minister may issue investigation decisions when there are clear evidences that the dumping of goods causes or threatens to cause material injury to a domestic industry.
Article 9.- Dossiers of request for application of anti-dumping measures
A dossier of request for application of anti-dumping measure, which shall be addressed to the investigation agency, comprises:
1. The written request for application of anti-dumping measures, including the following contents:
a/ The name, address and other necessary information of the organization or individual filing the request for application of anti-dumping measures;
b/ Description of the imports which are requested to be subject to the application of anti-dumping measures, stating the name of the goods, their basic characteristics and main use purpose, their codes according to the current import tariffs, the currently applied import tax rates, and the imports' origin;
c/ Description of the volume, quantity and value of the imports stated at Point b of this Clause within twelve months before the dossier of request for application of anti-dumping measures is filed;
d/ Description of the volume, quantity and value of the like goods domestically produced within twelve months before the dossier of request for application of anti-dumping measures is filed;
e/ Information on the normal prices and export prices of the goods described under the provisions of Point b of this Clause at the time of their importation into Vietnam within twelve months before the dossier of request for application of anti-dumping measures is filed;
f/ The dumping margin of the imports requested to be subject to the application of anti-dumping measures;
g/ Information, data and proofs on the material injury which the goods dumped into Vietnam cause or threaten to cause to the domestic industry in question;
h/ The name, address and other necessary information of the organization and/or individual producing and exporting into Vietnam the goods requested to be subject to the application of anti-dumping measures;
i/ The specific request regarding the application of anti-dumping measures, the application time limit and extent;
2. Other relevant documents and information which are deemed necessary by the organization or individual requesting the application of anti-dumping measures.
Article 10.- Decision on investigation for application of anti-dumping measures
1. Within fifteen days after receiving the dossiers of request for application of anti-dumping measures, if deeming that such dossiers fail to fully contain the contents prescribed in Article 9 of this Ordinance, the investigation agency must inform the filing organization or individual thereof for supplementation.
2. The time limit for dossier supplementation shall be set by the investigation agency but must not be shorter than thirty days as from the date the organization or individual receives the dossier supplementation notice.
3. Before the Trade Minister issues investigation decisions, the investigation agency must notify Vietnamese anti-dumping regulations to the competent authorities of the countries or territories that export the goods requested to be subject to the application of anti-dumping measures.
4. Within sixty days as from the date of receiving the dossiers with the full contents prescribed in Article 9 of this Ordinance, the Trade Minister shall issue investigation decisions; in special cases, the time limit for issuance of investigation decisions may be extended for no more than thirty days.
5. Within fifteen days as from the date of issuance of the decisions on investigation for application of anti-dumping measures, the investigation agency shall notify the investigation decisions to the organizations or individuals requesting the application of anti-dumping measures; the producers, exporters and competent authorities of the countries or territories that export the goods requested for application of anti-dumping measures and announce them to the other involved parties.
6. The Trade Minister must not issue investigation decisions if the organizations or individuals requesting the application of anti-dumping measures withdraw their dossiers, except for the case specified in Clause 2, Article 8 of this Ordinance.
Article 11.- Parties involved in the investigation process
The parties involved in the investigation process include:
1. Organizations, individuals filing dossiers of request for the application of anti-dumping measures;
2. Foreign organizations, individuals producing or exporting goods requested for application of anti-dumping measures;
3. Organizations, individuals importing goods requested for application of anti-dumping measures;
4. Domestic organizations, individuals producing the like goods;
5. Domestic business associations representing the majority of organizations, individuals producing and/or importing the like goods;
6. Foreign business associations representing the majority of organizations, individuals producing and/or exporting the goods requested for application of anti-dumping measures;
7. Trade union or other organizations representing the interests of laborers in the domestic industries;
8. Organizations protecting consumers' interests;
9. Competent Vietnamese State bodies;
10. Competent authorities of the countries or territories exporting the goods requested for application of anti-dumping measures;
11. Other organizations, individuals that have their rights and interests involved in the investigation process.
Article 12.- Contents of investigation for application of anti-dumping measures
1. Determining the goods dumped into Vietnam and the dumping margin.
2. Determining the material injury or the threat to cause the material injury to the domestic industries on the basis of examining the following contents:
a/ The volume, quantity or value of the goods dumped into Vietnam, compared with the volume, quantity or value of the like goods domestically produced or sold, which has been increasing significantly in absolute or relative terms;
b/ Price effects of the goods requested for application of anti-dumping measures on the reduction of, or the restriction of the possibility to reasonably increase, the prices of the domestic like goods;
c/ Adverse impacts on the domestic industries or on the formation of the domestic industries.
3. The link between the dumping of goods into Vietnam and the material injury or the threat to cause material injury to the domestic industries.
Article 13.- Supply of information, documents in the investigation process
1. The parties involved in the investigation process prescribed in Article 11 of this Ordinance shall have to supply truthful information and necessary documents at the request of the investigation agency.
2. Where necessary information or documents are not supplied as requested, the investigation agency shall make decisions on the basis of available information and documents.
Article 14.- Consultation
1. The investigation agency shall organize consultations with the parties involved in the investigation process prescribed in Article 11 of this Ordinance in order to create conditions for the parties to express their opinions and supply necessary information.
2. The parties involved in the investigation process are not obliged to attend consultation meetings; if any party is absent from consultation meetings, its interests related to the application of anti-dumping measures shall still be assured.
3. Consultations must not obstruct the investigation process and the application of anti-dumping measures prescribed in this Ordinance.
Article 15.- Confidentiality
1. The investigation agency shall be responsible for keeping confidential information supplied to it when receiving justified requests of the parties involved in the investigation process and request these parties to supply brief information which needs to be kept confidential.
2. The parties involved in the investigation process may have access to information already supplied to the investigation agency, excluding information which needs to be kept confidential.
Article 16.- Investigation time limit
1. The time limit for investigation for application of anti-dumping measures shall not exceed twelve months as from the date of issuance of investigation decisions.
2. In special cases, the Trade Minister may decide to extend the investigation time limit for no more than six months.
Article 17.- Preliminary conclusions
1. Within ninety days as from the date of issuance of investigation decisions, the investigation agency shall publicize the preliminary conclusions on the contents related to the investigation process prescribed in Article 12 of this Ordinance; in special cases, the time limit for publicization of preliminary conclusions may be extended for no more than sixty days.
2. Preliminary conclusions and major grounds for making such preliminary conclusions must be publicized by appropriate modes to the parties involved in the investigation process.
Article 18.- Final conclusions
1. After completing the investigation process, the investigation agency shall publicize its final conclusions on the contents related to the investigation process prescribed in Article 12 of this Ordinance,
2. The final conclusions and major grounds for making such final conclusions must be publicized by appropriate modes to the parties involved in the investigation process.
Article 19.- Termination of investigation
The Trade Minister shall decide to terminate investigation in the following cases:
1. Organizations or individuals that have filed dossiers of request for application of anti-dumping measures voluntarily withdraw their dossiers;
2. Preliminary conclusions prescribed in Article 17 of this Ordinance contain at least one of the following contents:
a/ There is no dumping as prescribed in Article 3 of this Ordinance;
b/ The dumping margin is negligible;
c/ The volume, quantity and value of the goods dumped into Vietnam is negligible;
d/ There is no material injury or no threat to cause material injury to the domestic industries.
Tìm kiếm
Pháp lệnh Chống bán phá giá hàng hóa nhập khẩu vào Việt Nam năm 2004 (Bản Word)