Circular 42/2023/TT-BCT amend Circular 37/2019/TT-BCT on trade remedies

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT of November 29, 2019, detailing a number of provisions on trade remedies^[1]

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 10/2018/ND-CP of 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. 96/2022/ND-CP of November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director General of the Trade Remedies Authority of Vietnam;

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT of November 29, 2019, detailing a number of provisions on trade remedies.

Article 1. To amend and supplement a number of articles of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT of November 29, 2019, detailing a number of provisions on trade remedies

1. To amend and supplement Clause 5, Article 6 as follows:

“5. In case an organization or individual registers to be a related party after the time limit specified in Clause 2 of this Article, the investigation agency may consider approving or disapproving such organization or individual to be a related party of the case within 7 working days after receiving a request for registration of a related party. In case of disapproval, the investigation agency shall clearly state the reason.”

2. To amend and supplement Clause 4 and title of Article 10 as follows:

“Article 10. Scope of goods eligible for exemption from trade remedies

4. Domestically manufactured similar goods or directly competitive goods not sold in the domestic market under the same normal conditions or in force majeure events, leading to supply shortage in the domestic industry.”

3. To amend and supplement Article 11 as follows:

“1. The total period for exemption from trade remedies must not exceed the validity period of corresponding trade remedies. The Ministry of Industry and Trade shall annually consider the exemption period for dossiers of request for exemption from trade remedies in one of the cases specified in Clauses 2, 3 and 4 of this Article.

2. For dossiers of request for exemption from trade remedies specified at Point a, Clause 1, Article 16 of this Circular, the period of exemption from a trade remedy must not exceed the period of application of such trade remedy.

3. For dossiers of request for exemption from trade remedies specified at Point b, Clause 1, Article 16 of this Circular, the period of exemption from a trade remedy must not exceed 18 months counted from the effective date of the decision on application of such trade remedy through December 31 of the current year, or to December 31 of the subsequent year.

4. For dossiers of request for exemption from trade remedies specified at Point c, Clause 1, Article 16 of this Circular, the period of exemption from a trade remedy must not exceed 18 months counted from January 1 of the year of receipt of a dossier or from the effective date of the exemption decision.

5. For dossiers of request for additional exemption received by the investigation agency under Clause 4, Article 16 of this Circular, the period of additional exemption shall be calculated based on the exemption period stated in the initial exemption decision.”

4. To amend and supplement Clause 4, Article 13 as follows:

“4. The Ministry of Industry and Trade shall consider not granting exemption from trade remedies for goods subject to the application of trade remedies in the following cases:

a/ Such exemption is likely to cause frauds aiming to shirk the application of trade remedies;

b/ Organizations and individuals that have been granted exemption from trade remedies for such goods are concluded to be neither nor fully cooperative as requested by the investigation agency’s post-exemption inspection teams.”

5. To amend and supplement Clause 1, Article 16 as follows:

1. The investigation agency shall notify the receipt of dossiers of request for exemption:

a/ Within 7 working days after the Ministry of Industry and Trade issues a decision on application of provisional trade remedies;

b/ Within 7 working days after the Ministry of Industry and Trade issues a decision on application of official trade remedies;

c/ On March 15 and September 15 every year.”

6. To amend and supplement Article 20 as follows:

“Every 6 months within the exemption period, organizations and individuals entitled to exemption from trade remedies shall submit reports on the import and use of exemption-eligible goods and on the observance of regulations on conditions and obligations for the exemption to the investigation agency, made according to the form provided in Appendix IV to this Circular.”

7. To amend and supplement Clause 2, Article 23 as follows:

“2. Post-exemption inspection aims to verify and appraise the observance by organizations and individuals of conditions and regulations on exemption from trade remedies.”

8. To amend and supplement Point c, Clause 1, Article 26 as follows:

“c/ Failing to perform the obligation to make periodical reports under Article 20 of this Circular.”

Article 2. To annul a number of clauses in Article 10 of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT of November 29, 2019, detailing a number of provisions on trade remedies

To annul Clauses 5 and 6, Article 10.

Article 3. Implementation provisions

1. This Circular takes effect on February 16, 2024.

2. Dossiers of request for exemption from trade remedies which are received or for which decisions on exemption from trade remedies are promulgated before the effective date of this Circular must comply with Circular No. 37/2019/TT-BCT.

3. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Industry and Trade for study and settlement.-

For the Minister of Industry and Trade
Deputy Minister
NGUYEN SINH NHAT TAN