According to Department of Trade Remedies (Ministry of Industry
and Trade), 2 Vietnamese products exported to Australia which are pressed
aluminum and galvanized steel have been terminated investigation and will not
subject to anti-subsidy tax by the Australian anti-dumping commission (ADC).
Following the investigation, in June and
August 2017, ADC published the final reports of two cases in which ADC decided
to terminate the investigation and not apply anti-subsidy tax on goods from
Vietnam in both cases.
Specifically, in the case of pressed
aluminum, Vietnam is accused of subsidizing businesses in 03 programs related
to tax incentives.
After the investigation, ADC determined
that: 01 of the 03 Vietnamese companies agreeing to cooperate with ADC did not
receive any incentives from the above programs. The remaining 02 enterprises
and other producers/exporters received subsidies but the margin of subsidies is
negligible.
Therefore, ADC decided to terminate the
investigation for Vietnam.
In the case of galvanized steel, Vietnam
is alleged to subsidize businesses in 19 programs involving tax incentives,
investment incentives, support programs and trade promotion programs.
After the investigation, ADC determined
that: Vietnamese companies agreeing to cooperate with ADC only receive benefits
from 03 of the 19 programs mentioned above, and the amount of these subsidies
is negligible; the level of subsidy offered to other producers/exporters is
also negligible. Therefore, ADC decided to terminate the investigation for
Vietnam.
In terms of the anti-dumping
investigations, in the galvanized steel case, the plaintiff alleged that the
“special market conditions” is exsisted in the plated steel sector of Vietnam.
The plaintiffs argue that Vietnam has to import most of its raw materials to
produce galvanized steel, which is hot rolled coil (HRC). At the same time, the
price of HRC in the exporting country, due to the subsidy, has been distorted
(lower than it should have been).
Vietnam imports mainly this material,
so galvanized steelprices in Vietnam are also deviated as
a result, and this should be considered as a “special market condition” in Vietnam.
However, after the investigation, Australia concluded that there was no special
market condition in the plated steel industry of Vietnam.
According to the Ministry of Industry
and Trade, the ADC’s conclusion to terminate the investigation, not apply
anti-subsidy measures in two cases and the ADC concluded that no special market
situation exists for the market of plated steel in Vietnam is positive and
successful results for the Government and enterprises of Vietnam.
This final outcome is a positive precedent
for future cases, as it is the first time Australia investigated anti-subsidy
and “special market conditions” on Vietnam.
How ANT Lawyers Could Help
Your Business?
To learn more about ANT Lawyers IP Practice or contact our IP lawyers inVietnam for advice via email ant@antlawyers.vn or
call our office at (+84) 24 32 23 27 71
0 nhận xét:
Đăng nhận xét