This law determines principles, regulations and measures on the management, monitoring and inspection on anti-dumping and countervailing activities in order to protect a domestic industry affected by unfair trade competition, with the aim of ensuring the improvement of domestic industry, strengthening and maintaining its growth, and competitiveness with imported products thereby contributing to the national socio-economic development.
Name | Description | Status |
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Forging, distorting, or providing false information to the investigating authorities and committee are prohibited. | Importers and exporter are prohibited from Forging, distorting, or providing false information to the investigating authorities and committee; | Active |
Importers and exporter are prohibited from Bribing officials and relevant people involved in anti-dumping and countervailing activities | Importers and exporter are prohibited from Bribing officials and relevant people involved in anti-dumping and countervailing activities | Active |
Defaming importer of like products, forging, distorting, or providing false information to the investigating authorities and committee are prohbited | Domestic industry is prohibited from Defaming importer of like products, forging, distorting, or providing false information to the investigating authorities and committee | Active |
Domestic industry is prohibited from Bribing officials and relevant people involved in anti-dumping and countervailing activities | Domestic industry is prohibited from Bribing officials and relevant people involved in anti-dumping and countervailing activities | Active |
Acting as an intermediary to give or accept a bribe for their own interest or those of their associates, relatives, organization, or any persons are prohibited | Individuals, legal entities or organizations are prohibited from Acting as an intermediary to give or accept a bribe for their own interest or those of their associates, relatives, organization, or any persons | Active |
Providing assistance or protecting violators of the law and regulations on dumping and subsidy prohibited | Individuals, legal entities or organizations are prohibited from Providing assistance or protecting violators of the law and regulations on dumping and subsidy | Active |
Obstructing the performance of the investigating authorities and committee are prohibited | Individuals, legal entities or organizations are prohibited from Obstructing the performance of the investigating authorities and committee; | Active |
Concealing or destroying information, evidence on anti-dumping and countervailing activities are prohibited | Individuals, legal entities or organizations are prohibited from Concealing or destroying information, evidence on anti-dumping and countervailing activities | Active |
The retroactive application of duties shall not be imposed on imported products prior to the date of initiation of the investigation. | The retroactive application of duties shall not be imposed on imported products prior to the date of initiation of the investigation. | Active |
levy duties retroactively can be imposed for a period of not more than three (3) months prior to the date of application of provisional measures | The investigating committee can propose to levy duties retroactively for a period of not more than three (3) months prior to the date of application of provisional measures | Active |
The exporters of investigated products may request for refund, where it can be demonstrated that the margin of dumping or amount of subsidy has been eliminated or reduced to a level which is below the level of duty in effect | The exporters of investigated products may request for refund, where it can be demonstrated that the margin of dumping or amount of subsidy has been eliminated or reduced to a level which is below the level of duty in effect. The importer shall file a request to the investigating committee within six (6) months from the date of payment of that duty payment. | Active |
The refund shall be considered no later than twenty (12) months | The refund shall be considered no later than twenty (12) months and may be extended not exceed six (6) months from the date of receipt of application. | Active |
The refund shall normally be made within three (3) months after the date on which the refund was authorized. | The refund shall normally be made within three (3) months after the date on which the refund was authorized. In case the refund can not be made within three (3) months, the investigating committee shall provide reasons of the delay. | Active |
The review shall be conducted one (1) year before the expiry of the application of general measures when it deems that if the application of general measure is terminated, dumping or subsidy would be likely to continue to cause an injury to domestic indu | The review shall be conducted one (1) year before the expiry of the application of general measures upon receipt of request made by interested parties when it deems that if the application of general measure is terminated, dumping or subsidy would be likely to continue to cause an injury to domestic industry. | Active |
The duration of the application of general measures shall not exceed five (5) years from the date of the government issued the Decision | The duration of the application of general measures shall not exceed five (5) years from the date of the government issued the Decision on Application of Measures may be extended after undertaking the review as stipulated in paragraph 2 of Article 49 of this law where it deems that domestic industry continues to suffer from the injury of dumping and subsidy. | Active |
A tariff rate enforced in general measures is only imposed to remove injury and shall be equal to or lower than margin of dumping or amount of subsidy of exporters | A tariff rate enforced in general measures is only imposed to remove injury and shall be equal to or lower than margin of dumping or amount of subsidy of exporters, unless otherwise comply with the agreement on elimination of dumping and subsidy | Active |
The investigation shall be completed within twenty (12) months from the date of issuance of the decision. | The investigation shall be completed within twenty (12) months from the date of issuance of the decision. If the investigation is not completed within the determined time, the investigating committee can propose that the Minister of Industry and Commerce consider an extension, but not by more than six (6) months. | Active |
The review should be carried out within one (1) year after the application of general measures in order to consider cancellation or adjustment of duty when it deems that if the application of general measure is terminated, dumping or subsidy would not co | The review should be carried out within one (1) year after the application of general measures in order to consider cancellation or adjustment of duty based on request made by interested parties when it deems that if the application of general measure is terminated, dumping or subsidy would not continue to cause an injury to domestic industry. | Active |