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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 1686/QD-BCT
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Hanoi, June 13,
2025
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DECISION
ON
EXPIRY REVIEW OF IMPOSITION OF ANTI-DUMPING AND COUNTERVAILING DUTIES ON CANE
SUGAR PRODUCTS IMPORTED FROM THE KINGDOM OF THAILAND
THE MINISTER OF INDUSTRY AND TRADE OF VIETNAM
Pursuant to the Law on Foreign Trade Management
No. 05/2017/QH14 dated June 12, 2017;
Pursuant to the Government’s Decree No.
10/2018/ND-CP dated January 15, 2018 on guidelines for the Law on Foreign Trade
Management regarding trade remedies;
Pursuant to the Government's Decree No.
40/2025/ND-CP dated February 26, 2025 defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade of Vietnam;
Pursuant to the Circular No. 37/2019/TT-BCT
dated November 29, 2019 of the Minister of Industry and Trade elaborating on
trade remedies;
Pursuant to the Circular No. 42/2023/TT-BCT
dated December 28, 2023 of the Minister of Industry and Trade of Vietnam
providing amendments to the Circular No. 37/2019/TT-BCT dated November 29, 2019
of the Minister of Industry and Trade of Vietnam elaborating on trade remedies;
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Pursuant to the Decision No. 536/QD-BCT dated
February 28, 2025 of the Minister of Industry and Trade of Vietnam defining
functions, tasks, powers and organizational structure of the Trade Remedies
Authority of Vietnam;
At the request of the Director of the Trade
Remedies Authority of Vietnam (TRAV);
HEREIN DECIDES:
Article 1. The expiry review of the imposition of anti-dumping and
countervailing duties on certain cane sugar products which bear the following
HS codes: 1701.13.00, 1701.14.00, 1701.91.00, 1701.99.10, 1701.99.90, and
1702.90.91, and are imported into Vietnam from Kingdom of Thailand (case:
ER01.AD13- AS01) will be initiated. Further details are provided in the
Announcement enclosed herewith.
Article 2. Procedures for conducting investigations shall be followed
in accordance with Vietnam’s regulations of law on trade remedies.
Article 3. This Decision comes into force from the date on which it is
promulgated.
Article 4. Chief of the Ministry’s Office, Director of Trade Remedies
Authority of Vietnam (TRAV), and heads of relevant units and parties are
responsible for the implementation of this Decision./.
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ANNOUNCEMENT
INITIATION
OF EXPIRY REVIEW OF IMPOSITION OF ANTI-DUMPING AND COUNTERVAILING DUTIES ON
CANE SUGAR PRODUCTS IMPORTED FROM THE KINGDOM OF THAILAND
(Enclosed with the Decision No. 1686/QD-BCT dated June 13, 2025 of the
Minister of Industry and Trade of Vietnam)
1. Basic information
On June 15, 2021, the Ministry of Industry and
Trade of Vietnam has promulgated the Decision No. 1578/QD-BCT on imposition of
official anti-dumping and countervailing duties on cane sugar products imported
from the Kingdom of Thailand (case: AD13-AS01).
Pursuant to clause 2 Article 62 of the Government’s
Decree No. 10/2018/ND-CP dated January 15, 2018 elaborating the Law on Foreign
Trade Management regarding trade remedies, the Ministry of Industry and Trade
of Vietnam has issued a notice of official receipt of requests for expiry
review of imposition of anti-dumping and countervailing measures on some cane
sugar products imported from the Kingdom of Thailand.
On April 21, 2025, TRAV has received requests for
expiry review of imposition of official anti-dumping and countervailing
measures from some domestic manufacturers whose representative is Vietnam
Sugarcane and Sugar Association (VSSA) (Requesting Party).
Pursuant to clause 2 Article 82 and clause 2
Article 90 of the Law on Foreign Trade Management, the Minister of Industry and
Trade of Vietnam decides to initiate the review of imposition of anti-dumping
and countervailing measures one year before the expiry of such imposed
anti-dumping and countervailing measures.
2. Contents of the expiry
review
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3. Goods subject to review
- Description: Scientific name of the
good subject to the review is sucrose. Common names: table sugar, cane sugar,
refined sugar, raw sugar, white sugar, granulated sugar, RE sugar, RS sugar,
etc.
- HS codes: The good subject to the
review with the abovementioned description bears the following HS codes:
1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90 and 1702.90.91.
- Current anti-dumping and countervailing duties: The
anti-dumping duty ranges from 25,73% to 42,99%, and the countervailing duty
ranges from 0% to 4,65% while such duties vary depending on
manufacturers/exporters. Specific duties are announced in the Decision No.
1578/QD-BCT dated June 15, 2021 and the Decision No. 1989/QD-BCT dated August
03, 2022.
4. Review process and
procedures
The Investigating Authority shall follow the
investigation and review procedures below:
4.1. Registration as interested parties
a) Pursuant to Article 6 of the Circular No.
37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade of
Vietnam providing detailed regulations on trade remedies, the organizations and
individuals defined in Article 74 of the Law on Foreign Trade Management may
register as interested parties in the review case with the Investigating
Authority in order to receive information to be publicly disclosed during the
review process, and give or provide their opinions, comments, information and
evidence relating to the matter of the review stated in Section 2 hereof.
b) Any organization or individual that wishes to
register as an interested party shall complete the form in Appendix I enclosed
with the Circular No. 37/2019/TT-BCT and send it to the Investigating Authority
via the TRAV Online System (an online system for receipt of trade remedy
cases-related documents) at the address: https://online.trav.gov.vn, within
sixty (60) working days from the effective date of the decision to initiate the
review. An application form for registration as an interested party may be also
submitted to the Investigating Authority by post or email.
c) In order to protect their legitimate rights and
interests, all manufacturers, importers and users of the subject good are
encouraged by the Investigating Authority to register as interested parties so
as to access or provide information as well as express their opinions during
the investigation.
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Within 15 days from the issue date of the review
decision, the Investigating Authority shall send the investigation
questionnaire sheets to relevant parties.
4.3. On-the-spot investigation
a) Pursuant to clause 3 Article 75 of the Law on
Foreign Trade Management, the Investigating Authority shall, where necessary,
be entitled to conduct on-the-spot investigations, including investigations
conducted in foreign countries, to verify the truthfulness of the information
and documents provided by interested parties or to collect additional
information and documents necessary for the resolution of the trade remedy
case.
b) On-the-spot investigations shall be conducted
following the procedures in Article 12 of the Decree No. 10/2018/ND-CP.
4.4. Languages used in review
a) The Vietnamese language shall be used as the
basis for communications and documents exchanged during the review. Interested
parties are entitled to use their mother languages for communications and
documents exchanged during the consideration of a trade remedy case with the
presence of accompanied interpreters/translators.
b) Information and documents in other languages
provided by interested parties must be translated into Vietnamese. Interested
parties must ensure the truthfulness and accuracy of, and assume legal
responsibility for, the contents of such translations.
4.5. Confidentiality of information
The Investigating Authority shall comply with
provisions on confidentiality of information set out in clause 2 Article 75 of
the Law on Foreign Trade Management and Article 11 of the Decree No.
10/2018/ND-CP.
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Pursuant to Article 10 of the Decree No.
10/2018/ND-CP:
a) If an interested party refuses to participate in
the case, or does not provide necessary evidence, or significantly impedes the
review, findings in respect of that party can be made on the basis of the facts
available.
b) Where an interested party is found to have
provided false or misleading evidence, the evidence shall be disregarded and
findings in respect of that party can be made on the basis of the facts
available.
Interested parties are therefore encouraged by the
Investigating Authority to fully cooperate during the review in order to have
their rights and legitimate interests protected.
4.7. Review time limit
Pursuant to point d clause 2 Article 82, point d
clause 2 Article 90 of the Law on Foreign Trade Management, the review must be
completed within a maximum period of 09 months from the issue date of the
review decision. Where necessary, the review time limit can be extended once
for a period of up to 03 months.
5. Access to information
The Decision and Announcement on initiation of the
review are available on the web portal of the Ministry of Industry and Trade of
Vietnam (www. moit.gov.vn) or TRAV (www.trav.gov.vn or www.pvtm.gov.vn).