Chapter III
APPLICATION OF ANTI-DUMPING MEASURES
Article 20.- Application of provisional anti-dumping taxes
1. After sixty days as from the date of issuance of investigation decisions, on the basis of the preliminary conclusions, the Trade Minister may issue decisions to impose provisional anti-dumping taxes.
2. The rates of provisional anti-dumping taxes must not exceed the dumping margins determined in the preliminary conclusions.
3. The payment of provisional anti-dumping taxes may be secured with cash deposits or by other measures as prescribed by law.
4. The time limit for application of provisional anti-dumping taxes must not exceed one hundred and twenty days as from the date of issuance of decisions on the application of this measure.
5. At the requests of the exporters of the like goods, the Trade Minister may extend the time limit for application of provisional anti-dumping taxes for no more than sixty days.
Article 21.- Application of commitment measures
1. After the preliminary conclusions are made available and before termination of the investigation process, organizations or individuals producing or exporting the goods under investigation may make commitments with the Trade Ministry or domestic producers on one of the following contents:
a/ To adjust the selling prices;
b/ To voluntarily restrict the volume, quantity or value of the goods dumped into Vietnam.
2. The Trade Minister may accept or reject or request adjustment of the commitment contents but must not force the parties to make such commitments.
3. The investigation agency shall make public the commitments' contents to the parties involved in the investigation process.
4. In case of rejecting the commitments of the involved parties, the Trade Minister must notify the reasons therefor and order the investigation to be continued for application of anti-dumping measures according to the provisions of this Ordinance.
5. The Trade Minister shall issue decisions to cease the anti-dumping investigation and apply the commitment measure if deeming that the realization of such commitments shall not cause or threaten to cause material injury to the domestic industries.
The committing parties must periodically supply the investigation agency with information and documents on the realization of their commitments and prove the accuracy of such information under decisions of the Trade Minister.
6. Where the involved parties fail to properly realize their commitments, causing or threatening to cause material injury to the domestic industries, the Trade Minister shall issue decisions to resume the investigation for application of anti-dumping measures or issue decisions to apply anti-dumping measures as provided for by this Ordinance.
Article 22.- Application of anti-dumping taxes
1. Where the commitments prescribed in Article 21 of this Ordinance cannot be fulfilled, on the basis of the final conclusions and proposals of the Council for handling of anti-dumping cases, the Trade Minister shall issue decisions to impose or not to impose anti-dumping taxes.
2. The rates of anti-dumping taxes must not exceed the dumping margins determined in the final conclusions.
3. The time limit for application of anti-dumping taxes shall not exceed five years as from the date of issuance of the decisions to apply anti-dumping measures.
4. The time limit for application of anti-dumping taxes may be extended in cases where the Trade Minister issues decisions to review the application of anti-dumping taxes as provided for in Chapter IV of this Ordinance.
5. The investigation agency shall notify by appropriate modes the decisions to impose or not to impose anti-dumping taxes to the parties involved in the investigation process.
Article 23.- Retrospective application of anti-dumping taxes
1. Where the final conclusions determine that there is material injury or a threat to cause material injury to the domestic industries and the provisional anti-dumping taxes have been applied before the final conclusions are made, anti-dumping taxes shall be applied retrospectively.
2. The anti-dumping taxes shall be retrospectively applied to the imports for ninety days back before the application of the provisional anti-dumping taxes if there exist the following two conditions:
a/ The imports are sold at dumping prices;
b/ The volume, quantity or value of the goods sold at dumping prices into Vietnam surge suddenly, causing hardly remediable injury to the domestic industries.
3. Any tax difference shall not be retrospectively collected when the applied anti-dumping tax rate stated in the final conclusion is higher than the provisional anti-dumping tax rate prescribed in Article 20 of this Ordinance.
4. Any tax difference shall be refunded when the applied anti-dumping tax rate stated in the final conclusion is lower than the provisional anti-dumping tax rate prescribed in Article 20 of this Ordinance.
5. Where the Trade Minister issues decisions not to impose anti-dumping taxes, the provisional anti-dumping taxes already collected or amounts deposited to secure the payment of provisional anti-dumping taxes prescribed in Article 20 of this Ordinance shall be refunded.
Tìm kiếm
Pháp lệnh Chống bán phá giá hàng hóa nhập khẩu vào Việt Nam năm 2004 (Bản Word)