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

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ATTRIBUTE

Circular No. 42/2023/TT-BCT dated December 28, 2023 of the Ministry of Industry and Trade amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT dated November 29, 2019, detailing a number of provisions on trade remedies
Issuing body: Ministry of Industry and TradeEffective date:
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Official number:42/2023/TT-BCTSigner:Nguyen Sinh Nhat Tan
Type:CircularExpiry date:Updating
Issuing date:28/12/2023Effect status:
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Fields:Commerce - Advertising

SUMMARY

Amend duration for exemption from a trade remedy

On December 28, 2023, the Ministry of Industry and Trade issues Circular No. 42/2023/TT-BCT amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT dated November 29, 2019, detailing a number of provisions on trade remedies.

1. Amend duration for exemption from a trade remedy as follows:

- The total duration for exemption from a trade remedy must not exceed the effective period of the corresponding trade remedy. On an annual basis, the Ministry of Industry and Trade shall consider the time limit for exemption for dossiers of request for exemption from trade remedies according to any of the cases specified in Clauses 2, 3 and 4 of the Circular No. 37/2019/TT-BCT.

- For dossiers of request for exemption from a trade remedy specified at Point a Clause 1 Article 16 of the Circular No. 37/2019/TT-BCT, the time limit for exemption must not exceed the time limit for application of such trade remedy.

- For dossiers of request for exemption from a trade remedy specified at Point b Clause 1 Article 16 of the Circular No. 37/2019/TT-BCT, the time limit for exemption 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.

- For dossiers of request for exemption from a trade remedy specified at Point c Clause 1 Article 16 of the Circular No. 37/2019/TT-BCT, the time limit for exemption must not exceed 18 months counted from January 1 of the year of receipt of the dossier of request for exemption or from the effective date of the exemption decision.

- For dossiers of request for additional exemption received by the investigation body under Clause 4 Article 16 of the Circular No. 37/2019/TT-BCT, the time limit for additional exemption shall be calculated based on the time limit of exemption of the initial exemption decision.

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

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

- Organizations and individuals exempted from trade remedies are concluded failure to cooperate or failure to fully cooperate as requested by inspection and examination teams after grant of exemption by investigation bodies.

This Circular takes effect from February 16, 2024.
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Effect status: Known

THE MINISTRY OF INDUSTRY AND TRADE
________

No. 42/2023/TT-BCT

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

_______________________

Hanoi, December 28, 2023

CIRCULAR

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

 

Pursuant to the Law on Foreign Trade Management 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. 96/2022/ND-CP dated 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 hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT dated November 29, 2019, detailing a number of provisions on trade remedies.

 

Article 1. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT dated 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 body may consider approving or disapproving such organization or individual to be a related party of the case within 7 working days from the receipt of the registration application from the related party. In case of disapproval, the investigation body must specify the reason.”

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

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

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

3. To amend and supplement Article 11 as follows:

“1. The total duration for exemption from a trade remedy must not exceed the effective period of the corresponding trade remedy. On an annual basis, the Ministry of Industry and Trade shall consider the time limit for exemption for dossiers of request for exemption from trade remedies according to any of the cases specified in Clauses 2, 3 and 4 of this Article.

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

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

5. For dossiers of request for additional exemption received by the investigation body under Clause 4 Article 16 of this Circular, the time limit for additional exemption shall be calculated based on the time limit of exemption of 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 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 exempted from trade remedies are concluded failure to cooperate or failure to fully cooperate as requested by inspection and examination teams after grant of exemption by investigation bodies.”

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

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

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

b) Within 7 working day 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 body, made according to the form provided in Appendix IV to this Circular.”

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

“2. Examination after grant of exemption from trade remedies 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. Annulling a number of clauses of Article 10 of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT dated November 29, 2019, detailing a number of provisions on trade remedies

To annul Clauses 5 and 6 Article 10.

Article 3. Effect

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

2. For dossiers of request for exemption from trade remedies received before the effective date of this Circular, or those of which the decisions on exemption from trade remedies have been issued before the effective date of this Circular, the provisions of Circular No. 7/2019/TT-BCT shall be applied.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Industry and Trade for review and settlement./.

 

 

FOR THE MINISTER

THE DEPUTY MINISTER

 

Nguyen Sinh Nhat Tan

 

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