Anti-dumping Duty Petitions on Aluminum Extrusions from Vietnam to the United States

New anti-dumping and countervailing duty petitions on US aluminum extrusions from Vietnam and 14 other countries.

Overview of anti-dumping on aluminum extrusions from Vietnam

On October 4, 2023, a coalition of US Aluminum Extruders Coalition and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union filed a request for an Anti-Dumping (“AD”) investigation on aluminum extrusion products from Vietnam and 14 other countries including: Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, China, South Korea, Taiwan, Thailand, Turkey, UAE; and Anti-subsidy investigation (“CVD”) with the same products from 4 countries: Indonesia, Mexico, China and Turkey.

According to the US AD law, Anti-Dumping tax is a special tax, applied to dumped goods to prevent imported goods being sold in the United States at a price lower than the “normal value”. ”; Anti-subsidy duties are imposed against imports sold in the US that receive import subsidies from foreign governments.

To impose AD/CVD duties, in addition to determining that dumping and/or subsidies are occurring, the U.S. government must also determine that there is “substantial injury” (or threat of material injury) resulting from imported goods are dumped and/or subsidized to the domestic industry. Importers are responsible for any potential AD/CVD taxes that apply. In addition, these investigations may impact consumers by increasing prices and/or reducing the supply of aluminum extrusions from the 15 countries mentioned above, including Vietnam.

1. Scope of goods proposed for investigation of anti-dumping on aluminum extrusions from Vietnam

The goods under investigation are aluminum extrusions, regardless of form, finishing or fabrication, assembled with other components or unassembled, coated, painted, anodized or heat-treated. Extruded aluminum has shapes produced by an extrusion process, made from aluminum alloys whose metallic compositions correspond to the alloy series designations published by the Aluminum Association beginning with the numbers 1, 3 and 6 (or their proprietary equivalent or other certification body’s equivalent).

According to the Plaintiff, the imports described within the scope of the investigation are currently mainly goods with HS codes (according to the Harmonized Tariff Schedule of the United States) 04.10.1000; 7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090; 7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090; 7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090; 7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010; 7610.10.0020; 7610.10.0030; 7610.90.0040; 7610.90.0080.

2. Estimated tax for anti-dumping on aluminum extrusions from Vietnam

Typically, dumping margins are determined during an investigation by the U.S. Department of Commerce (DOC), based on responses from manufacturers whose goods are identified as mandatory subjects. must submit responses to DOC’s investigation questionnaire. If the manufacturer requested to respond does not respond to the questionnaire, a dumping margin will be assigned based on “existing adverse events,” which is a punitive margin, based on on the basis of the anti-dumping margin in the petition of the Complaining Party.

The dumping margin alleged in the Petitioner’s petition varies between countries, specifically as follows:

Country Alleged dumping margin

Indonesia 112.21%

Italy37.52%

Malaysia54.87%

Mexico111.38%

China256.58%

Korea66.43%

Taiwan90.90% to 100.22%

Thailand84.71%

Turkey33.79%

UAE39.80%

Vietnam53.75%

Because DOC considers China and Vietnam to be “non-market economies” (“NMEs”), DOC began its investigation with the assumption that all exporters were members of a “pan-China entity” China” or “all-Vietnam entity” run by the government, therefore will be subject to “all-China” or “all-Vietnam” anti-dumping tax bands.

This margin is often based on “pre-existing adverse events,” making it so high that it can be considered punitive. Companies that demonstrate complete independence from the Chinese or Vietnamese Government can receive their own dumping rates based on their actual data.

In addition, the Plaintiff also alleges significant subsidies from China, Indonesia, Mexico and Turkey for goods exported from their countries, but the petition does not quantify the specific level of subsidies.

3. Process of anti-dumping on aluminum extrusions from Vietnam

The Anti-Dumping and Anti-subsidy investigation process consists of two phases: The opening phase and the final phase. DOC and the US International Trade Commission (ITC) will determine whether aluminum extrusions imported from countries under investigation are dumped into the United States and establish anti-dumping duties to be applied.

Simultaneously the investigation will also reveal whether the Governments of China, Indonesia, Mexico, and Turkey have subsidized Aluminum Extrusions exported to the US.

Anti-dumping investigation period: October 1, 2022 to September 30, 2023, especially for Vietnam and China, from April 1, 2023 to September 30, 2023.

The anti-subsidy investigation period is 2022 and previous years.

4. The proposed investigation schedule of the US Department of Commerce and the US International Trade Commission is as follows

The table below provides the main (approximate) deadlines for DOC and ITC procedures for investigation of anti-dumping on aluminum extrusions from Vietnam.

ITC releases questionnaires on foreign manufacturers, US importers, and US manufacturers October 6 or 9, 2023

Questionnaires from foreign manufacturers, US importers, and US manufacturers are due October 18, 2023

Initialize DOC October 24, 2023

ITC preliminary conference October 25, 2023

ITC post-conference summary October 30, 2023

Preliminary determination of ITC November 20, 2023

DOC releases CVD questionnaire November 23, 2023

DOC releases the ADD questionnaire November 28, 2023

DOC ADD returns due questionnaire December 19, 2023

DOC CVD responds to the due questionnaire December 23, 2023

Additional responses to the ADD and CVD questionnaires Winter/spring 2024

Determine the preliminary CVD of DOC March 2, 2024

Verification Spring/Summer 2024

DOC’s preliminary ADD decision May 1, 2024

Determine the final ADD and CVD of the DOC September 13, 2024

Final decision of the ITC October 28, 2024

Make decision November 4, 2024

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Readmore: https://lawyersindanangvietnam.blogspot.com/2023/11/anti-dumping-duty-petitions-on-aluminum.html

The Legal Backbone: How Lawyers in Vietnam Boost Business Confidence

In the intricate landscape of international business, confidence is key. When it comes to doing business in Vietnam, a rapidly growing economy with immense potential, that confidence is solidified by having lawyers in Vietnam as your strategic partners. These legal professionals play a pivotal role in navigating the complexities of Vietnam’s legal system, ensuring compliance, mitigating risks, and ultimately boosting your business confidence to new heights.

How Lawyers in Vietnam Boost Confidence?

The Power of Legal Expertise

Vietnam’s business environment is teeming with opportunities, but it’s also layered with regulations, legal nuances, and cultural intricacies that can be perplexing for newcomers. This is where lawyers in Vietnam come into play. Their expertise not only provides legal insight but also acts as the backbone upon which your business can confidently grow.

Navigating Regulatory Maze

The regulatory landscape in Vietnam can be intricate, with laws that vary across industries and regions. Whether you’re establishing a new venture, expanding an existing one, or managing day-to-day operations, having lawyers who understand the legal intricacies can help you traverse the regulatory maze. They ensure your business operations are compliant, reducing the risk of legal complications that could undermine your growth.

Guiding Market Entry

Entering a new market requires a strategic approach. Lawyers in Vietnam can help you determine the optimal market entry strategy based on legal and regulatory considerations. From selecting the appropriate business structure to obtaining necessary licenses, permits, and approvals, these legal professionals serve as your guides in making informed decisions.

Contractual Clarity

Contracts are the bedrock of business transactions. Lawyers in Vietnam ensure that your contracts are drafted, negotiated, and executed meticulously. They safeguard your interests, outline rights and obligations clearly, and establish dispute resolution mechanisms. This level of contractual clarity fosters trust among business partners and clients, further boosting your confidence in negotiations.

Mitigating Risks

Risk is inherent in business, but proactive risk management is the hallmark of successful enterprises. Lawyers in Vietnam can identify potential legal pitfalls and design risk mitigation strategies that protect your business from unexpected challenges. By proactively addressing legal risks, you’re better prepared to navigate uncertainties that may arise.

Intellectual Property Protection

In a globalized world, intellectual property (IP) is a valuable asset. Lawyers in Vietnam with IP agent license can guide you through the process of registering and protecting your IP rights. From trademarks and patents to copyrights and trade secrets, they ensure that your intellectual property remains secure, bolstering your business’s competitive edge.

Crisis Management

In the face of unforeseen crises, having lawyers in Vietnam on your side can be invaluable. Whether it’s a contractual dispute, regulatory violation, or other legal challenges, they can provide swift and effective solutions to mitigate damages and uphold your reputation.

Cultivating Confidence Through Collaboration

The relationship between your business and lawyers in Vietnam is not just transactional; it’s a collaboration that fosters confidence. Here’s how this collaboration cultivates an environment of assurance:

Tailored Legal Strategies

Lawyers in Vietnam don’t offer one-size-fits-all solutions. They understand that each business is unique and requires customized legal strategies. By tailoring their advice and solutions to your specific needs, they empower you to make well-informed decisions.

Local Expertise

Navigating a foreign legal landscape requires local expertise. Lawyers in Vietnam possess an in-depth understanding of the local laws, regulations, and cultural nuances. This expertise ensures that your business operations align with the legal framework while respecting local customs.

Effective Communication

Legal jargon can be overwhelming, but lawyers in Vietnam excel at translating complex legal concepts into understandable terms. This transparent communication fosters a strong partnership, allowing you to comprehend the legal implications of your decisions.

Strategic Guidance

Beyond resolving legal matters, lawyers in Vietnam can provide strategic guidance that aligns with your business goals. Their insights go beyond legal implications, encompassing potential opportunities and challenges that impact your growth trajectory.

Risk-Aware Decision Making

A major advantage of collaborating with lawyers in Vietnam is their ability to facilitate risk-aware decision-making. They present you with a comprehensive view of potential legal risks, enabling you to assess the pros and cons before making critical choices.

The Ultimate Confidence Booster

In a rapidly evolving business landscape, confidence is the ultimate asset. It shapes how you approach negotiations, make investments, and navigate uncertainties. Lawyers in Vietnam act as the ultimate confidence booster by providing you with the legal foundation upon which you can build and thrive.

From startups looking to establish their presence to multinational corporations expanding their reach, the support of lawyers in Vietnam is indispensable. They bring legal acumen, cultural understanding, and strategic insights to the table, enabling you to navigate challenges with poise and seize opportunities with conviction.

The role of lawyers in Vietnam goes beyond legal representation; they are your partners in cultivating business confidence. By leveraging their expertise, you not only ensure legal compliance but also gain a deep sense of assurance that empowers you to make bold decisions.

In the vibrant tapestry of Vietnam’s business landscape, lawyers play a significant role in weaving the legal threads that strengthen your business’s foundation. They stand as guardians of legality, advocates of strategy, and partners in your pursuit of success. With lawyers in Vietnam by your side, you’re equipped to face challenges, capitalize on opportunities, and navigate the intricate journey of business expansion with unwavering confidence.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Readmore: https://lawyersindanangvietnam.blogspot.com/2023/08/the-legal-backbone-how-lawyers-in.html

US-Vietnam Comprehensive Strategic Partnership

In a historic move, on Sep 11th, 2023, General Secretary Nguyen Phu Trong and President Joe Biden have issued a joint statement, elevating the relationship to US-Vietnam Comprehensive Strategic Partnership.

This upgrade signifies a significant milestone in the bilateral ties, focusing on specific areas of cooperation that promise to benefit both nations and contribute to peace, stability, cooperation, and prosperity in the region and the world.

The joint statement emphasizes fundamental principles guiding US-Vietnam relations, including respecting the United Nations Charter, international law, and each other’s political institutions, independence, sovereignty, and territorial integrity. Both countries pledge to deepen their cooperation across various sectors to ensure the well-being of their people while promoting peace and stability regionally and globally.

1.Political and Diplomatic Cooperation

The leaders highlight their commitment to enhance regular exchanges and contacts at all levels to foster mutual understanding and strengthen political trust. They also support improving the effectiveness of existing dialogue mechanisms and establishing an annual Dialogue between the Vietnamese Minister of Foreign Affairs and the U.S. Secretary of State.

2. Economic, Trade, and Investment

Both sides agree to create more favorable conditions and open markets for goods and services from each country, while supporting trade and economic policies within the framework of the Trade and Investment Framework Agreement. They will work together to address market access barriers through the Trade and Investment Framework Agreement.

3. Science and Technology, Innovation

Cooperation in science, technology, innovation, and a skilled workforce is seen as a breakthrough in the Comprehensive Strategic Partnership. The United States commits to providing support for Vietnam in training and developing a high-tech workforce.

4.Semiconductor Ecosystem Development

Vietnam and the U.S. express support for the rapid development of the semiconductor ecosystem in Vietnam and intend to actively cooperate to enhance Vietnam’s position in the global semiconductor supply chain.

5. Education and Training

In education and training, the United States announces specific plans to support Vietnam in training a high-quality workforce to help Vietnam achieve its development goals.

6.Climate, Energy, Environment, and Health

The two countries will collaborate in the Mekong Delta and Red River Delta regions to adapt to climate change and reduce intersectoral climate change impacts. They will also work to address pollution and support voluntary technical cooperation related to modernizing power transmission infrastructure, integrating renewable energy, and developing climate markets.

7.Climate Commitments

President Biden applauds Vietnam’s climate commitments under the Joint Effort to Empower a Climate Resilient Economy (JETP) and its target to achieve net-zero greenhouse gas emissions by 2050. The United States pledges financial and advanced technology support to help Vietnam fulfill its international climate commitments.

8.Health Security

Both leaders acknowledge the significant contributions of bilateral cooperation in responding to the COVID-19 pandemic. They commit to enhance coordination for global health security, including preventing, detecting, and responding to pandemics and other global health threats.

9.War Legacy Issues

The leaders prioritize cooperation in addressing war legacy issues. This includes completing the dioxin cleanup at Bien Hoa Airbase, increasing support for bomb and mine clearance, and enhancing assistance to people with disabilities due to various causes. The United States continues to support Vietnam in locating and identifying missing soldiers and improving DNA testing capabilities.

10.Cultural Exchange and People-to-People Ties

The leaders agree to promote two-way tourism, business cooperation, expert and academic exchanges, and educational opportunities. They appreciate the significant contributions of the Vietnamese-American community to the development of bilateral relations.

11. Defense and Security Cooperation

Both leaders welcome increased cooperation to promote defense trade, defense industry cooperation, as well as regional security. The United States commits to supporting Vietnam’s defense self-reliance capabilities in line with Vietnam’s needs and established mechanisms.

12. Rule of Law and Human Rights

The leaders underscore the importance of advancing and protecting human rights through candid dialogue mechanisms like the Human Rights Dialogue and the Vietnam-U.S. Labor Dialogue. These mechanisms aim to enhance mutual understanding and reduce differences.

In conclusion, the elevation of Vietnam-U.S. relations to a Comprehensive Strategic Partnership reflects a shared commitment to peace, stability, and cooperation. This new chapter in their bilateral relations promises to bring significant benefits to both countries and contribute to regional and global prosperity and security. As President Biden’s state visit to Vietnam unfolds, it marks a crucial moment in the evolving dynamics of this strategic partnership.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Readmore: https://lawyersindanangvietnam.blogspot.com/2023/09/us-vietnam-comprehensive-strategic.html

Commercial | ANT Lawyers

Our commercial practice at ANT Lawyers helps clients with the following:

Incorporation service: advising on business structure, drafting documents, negotiation with local companies and authorities and obtaining licenses and approvals.

Post-licensing procedures: advising on the obtaining of various registration, approvals and permits for foreign invested companies in Vietnam.

Commercial contracts: reviewing, drafting, negotiating and amending many types of commercial contracts including lease agreements, sales and distribution agreements, agency agreements and service contracts.

Management: advising on the operation of the board of management of a joint venture company or a wholly foreign owned capital, the appointment of key management personnel.

Due diligence: reviewing documents and issuing due diligence reports on the legal status and operation of both domestic companies and foreign invested companies in Vietnam.

Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Draft and Review Contracts – A Lawyer’s View | ANT Lawyers

In Vietnam, certain type of contract has to follow forms requested by laws as such client is recommended to seek help from professional contract lawyers in Vietnam to help draft or review.

Contract is an agreement enforced by law. In Vietnam, contract is a civil transaction which parties enter into voluntarily, each of whom intends to create, change, or terminate one or more rights or obligations between them according to Vietnam Civil Code. Contract plays an important roles in business transaction. Written contract provide individuals and businesses a legal document reflecting agreement, expectation and mechanism to resolve potential disagreement or disputes.

The lawyers in Vietnam drafting or reviewing contracts under Vietnam laws will need to initially review the legal resources in relevant to the transactions, research related documents and the parties involved to provide legal opinions, make suggestions and propose an optimal solution to the client for negotiation and contract finalization.

Basic terms and conditions of the contracts being rights and obligations of parties to the contracts, and other terms in regard to duration, quality, payment, dispute handling procedures, applicable law and/or jurisdiction, confidentiality, force majeure, intellectual property clauses…among others have to be carefully taken into considerations.

Further, a contract should ensure the following points to be covered:

Use right legal terms or terminology;

Foresee the future scenarios;

Describe the specific matters;

Clearly mention obligations;

Obtain a balance between parties involved.

There are specific contracts in Vietnam for various transactions being:

Joint venture contract;

Share purchase contract;

Sales contract;

Business cooperation contract;

Licensing contract;

Investment contract;

Labour contract;

Lease contract;

Distribution contract;

Construction contract;

Prenuptial agreement.

Each business transaction is different as such a contract is not a compilation of standard terms and conditions. Professional contract lawyers in Vietnam would consider the purpose of the contract, transaction type, significance of the deal, industry, Vietnam legal requirements and expectation of the client to prepare a legally enforceable contract for the client, to avoid misunderstanding and protect the client against legal disputes.