Circular 07/2022/TT-BCT guiding the implementation of trade remedies in the Regional Comprehensive Economic Partnership

CIRCULAR

Guiding the implementation of trade remedies in the Regional Comprehensive Economic Partnership

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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, detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

In the implementation of the Regional Comprehensive Economic Partnership;

At the proposal of the Director of the Trade Remedies Authority of Vietnam,

The Minister of Industry and Trade hereby promulgates the Circular guiding the implementation of trade remedies in the Regional Comprehensive Economic Partnership.

Chapter I

GENERAL PROVISIONS

             Article 1. Scope of regulation

1. This Circular guides the implementation of the transitional RCEP safeguard measures, anti-dumping measures and countervailing measures in the Regional Comprehensive Economic Partnership.

2. This Circular applies to imported goods originating from member states of the Regional Comprehensive Economic Partnership.

             Article 2. Subjects of application

1. State management agencies of Vietnam that are competent to carry out investigation, and apply trade remedies according to the Regional Comprehensive Economic Partnership.

2. Traders, and domestic and foreign agencies, organizations and individuals involved in the investigation, application and handling of trade remedies according to the Regional Comprehensive Economic Partnership.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. RCEP means the Regional Comprehensive Economic Partnership.

2. Member state means any country that is a member of the RCEP.

3. Transitional RCEP safeguard measures mean safeguard measures specified in Article 7.2 of the RCEP and Article 99 of the Law on Foreign Trade Management.

4. Transition period means a period beginning on the date the RCEP comes into force until the end of the 8^th year after completion of the elimination or reduction of customs duties for each type of goods according to Vietnam’s Schedules of Tariff Commitments in the RCEP.

5. A domestic industry in investigation and application of transitional RCEP safeguard measures means a group of manufacturers of similar goods or directly competitive goods operating within Vietnam’s territory or their representatives that constitute a major proportion of the total domestic production of that industry. The determination of the major proportion of contribution by representatives of the domestic industry must comply with Clause 2 Article 4 of the Decree No. 10/2018/ND-CP.