US rescinds part of antidumping duty review on shrimp from Vietnam

NDO – Information from the Vietnam Competition Authority, under the Ministry of Industry and Trade, revealed that the US Department of Commerce (DOC) has announced its decision to adjust the antidumping duty on Vietnamese shrimp exported to the country, between February 1, 2013 and January 31, 2014, from 1.16% to 1.42%. The decision was made following changes in dumping calculations, although on September 7, 2015, the DOC publicised the results of its ninth administrative review (POR9) on frozen shrimp imported from Vietnam. The DOC has used a country with a similarly sized economy in order to set the level of anti-dumping duty on Vietnamese shrimp. In previous years, the department had used rates from Bangladesh to determine the duty. However, this year a group of US vessel owners and processors complained, prompting the department to replace Bangladesh with India. This decision means that the selected importers are subjected to a higher anti-dumping duty on imported shrimp during the 12-month period beginning in February 2013. Companies that import products from Vietnam into the US have to pay cash deposits and the dumping margins will then be taken from these deposits. According to Truong Dinh Hoe, General Secretary of the Vietnam Association of Seafood Exporters and Producers (VASEP), the imposition of higher anti-dumping tax rate on Vietnamese shrimp, to protect domestic American fisheries, by the DOC is unreasonable and unfair and the VESEP continues to oppose the decision. The higher anti-dumping duty will increase the price…... [read more]

Workers process shrimps for export (Source: VNA) Hanoi (VNA) –The US Department of Commerce (DOC) has announced its decision to adjust antidumping duty on Vietnamese shrimp exported to the US between February 1, 2013 and January 31, 2014 from 1.16 percent to 1.42 percent. The decision was made following changes in dumping calculations, although on September 7, 2015, the DOC publicised results of its ninth administrative review (POR9) on frozen shrimp imported from Vietnam. The DOC has used a country with a similarly sized economy to set the level of anti-dumping duty on Vietnamese shrimp. In previous years, the department used rates from Bangladesh. However, this year, a group of US vessel owners and processors complained, prompting the department to replace Bangladesh with India. Companies that import products from Vietnam into the US have to pay cash deposits and the dumping margins will be taken from these deposits. The higher anti-dumping duty will increase the price of Vietnamese shrimp in the US, hurting the product’s competitiveness. Tran Van Linh, General Director of Thuan Phuoc Seafood and Trading Corporation, said Thuan Phuoc was one of three companies facing high anti-dumping tax rate during the POR9. With the re-evaluation, the duty imposed on concerned units may increase and differ, he added, explaining that export countries set anti-dumping tax aiming to protect domestic production. Linh noted that it is even harder for foreign seafood to…... [read more]

At the Foreign Ministry’s regular press briefing on March 21 Nghi said, “We have repeatedly affirmed that Vietnam does not dump frozen fish fillets or any other seafood products into the US market. We have also asked the DOC not to impose anti-dumping duties on Vietnam’s frozen fish fillets.” Issues related to bilateral trade ties should be scrutinized in a fair and objective manner in line with the World Trade Organization (WTO), the spirit of trade liberalization and the fine relations between the two countries for the mutual benefit of Vietnamese and US businesses and consumers, the official said. Under the DOC’s decision, Indonesia will replace Bangladesh for calculating anti-dumping duties on frozen fish fillets imported from Vietnam before making a final decision of the 8th administrative review. As a result, Vietnamese frozen fish fillets will have new tax rates imposed, which are many times higher than normal.... [read more]

In its recent annual administrative review, the US department chose Indonesia as a benchmark country to calculate anti-dumping margins on Vietnam’s frozen fish fillet exports instead of Bangladesh which is used for the calculations seven times previously. Accordingly, the new tax rates were adjusted to increase more than 10 times, from just several cents per kilo to several dollars per kilo. The VASEP expressed its indignation over the DOC’s sudden benchmark country replacement and claimed the US decision was unreasonable. According to the VASEP, the DOC relied on the Indonesian government’s study of its Tra fish prices based on information from just several localities of the country, resulting wider margins. In the previous seven administrative reviews, Indonesia was not chosen as a model for tax calculations as it had no sufficient pricing and financial data. In fact, Indonesia imports frozen Tra fillets, mainly from Vietnam, and it does not export Tra fish products to the world market. The VASEP and its Tra fish businesses will take necessary legal measures to protect the fishery industry and ask the DOC to correct its decision according to US laws and WTO agreements. The VASEP proposed that the DOC maintain Bangladesh as the reference country for calculating prices of Vietnamese Tra fish products.... [read more]

VASEP objects to the DOC’s use of Indonesia as the benchmark upon which tra fish anti-dumping taxes are calculated. A VOV reporter interviewed VASEP General Secretary Truong Dinh Hoe about the decision. Reporter: The DOC’s choice of Indonesia as the benchmark used in anti-dumping tax calculations is unexpected and controversial. What are VASEP’s views on the decision? Mr Hoe: VASEP is staggered. We feel the DOC’s decisions following its ninth administrative review (POR9) are grossly unfair.The DOC announced the six nations that would be used as proxies for the POR9 in November 2012. Indonesia was not on that list. , The sudden inclusion of Indonesia, and the disparity in Indonesian and Vietnamese statistics, has resulted in the imposition of unreasonably high anti-dumping tax rates on Vietnamese tra fish imports. It is entirely possible the DOC has caved to political pressure from the lawsuit’s plaintiff, the Catfish Farmers of America (CFA). Reporter: Could you explain how the DOC’s anti-dumping tax rates will impact Vietnam’s tra fish processing and export sector? Mr Hoe: The DOC’s September 4 preliminary decision states Vietnamese frozen tra fish filets exported to the US between August 1, 2011 and July 31, 2012 will be subjected to anti-dumping taxes. The mandatory anti-dumping duties imposed on the products of the two companies under review will be US$0.42 and US$2.15 per kilo respectively. Other companies will face a tax rate of US$0.99 per kilo. The mandatory anti-dumping duties are elevated compared to the decision reached at the eighty POR, while…... [read more]

In the ‘Preliminary Results’ of the 11th administrative review of the antidumping duty order issued September 14, 2015 the DOC partially rescinded the antidumping duty and after giving interested parties an opportunity to comment recently issued its final order. The VCA said in the ‘Final Results’ the DOC made changes to the margin calculations increasing them to a range of US$0.41 to US$0.97 per kilogram for 16 Vietnamese companies based on the period of review August 1, 2013 through July 31, 2014. The DOC identified 15 companies that did not have any transactions during the review period or were uncooperative and therefore their future shipments, if any, will be subject to the much higher Vietnam-wide entity rate of US$2.39 per kilogram, said the VCA. The product covered by the order is frozen fish fillets including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius) and Pangasius Micronemus.... [read more]

According to a decision announced by the US Department of Commerce (DOC) on September 9, the businesses include Minh Phat Seafood Co. Ltd., Ca Mau Frozen Seafood Processing Import-Export Corp, Grobest&I-mei Industry Vietnam and Viet Hai Seafood Co. Ltd. This was the result of the DOC’s second administrative review of anti-dumping taxes on Vietnam’s frozen warm-water shrimp during the period between February 1, 2006 and January 31, 2007. Under the decision, 23 Vietnamese shrimp exporters are subject to a 4.57 percent tax rate and one business enjoys the rate of 4.3 percent, while all the rest have to pay a 25.76 percent tax. The fisheries industry sets a target of earning US$850 million from exports of aquatic products to the US this year. Last year Vietnam’s products made up 6.2 percent of the US’s total seafood imports, worth US$12 billion.... [read more]

The vote on October 7, 2008 has given the ITC mandate to review all aspects of the tariff policy to ascertain whether the lifting of anti-dumping duties would cause further damage to the US catfish industry over certain timeframes. The US Department of Commerce (DOC) officially imposed the anti-dumping tariffs on catfish products imported from Vietnam in 2003. The rates for different enterprises vary and are reviewed annually. Under the DOC’s commitments to the World Trade Organisation (WTO), the application of anti-dumping tariffs or any agreed delay would expire after five years of imposition unless the DOC and ITC find evidence of further or repeated dumping of products or subsidisation of products, leading to a negative impact on the domestic US market. Regarding the five-year administrative review, the ITC has asked interested parties to contribute feedback containing accurate information to help them consider any effects that may emerge if the policy is lifted. Feedback is usually considered within 95 days from the day the committee begins the review process to help determine whether the information received is sufficient to necessitate the launch of a comprehensive administrative review.... [read more]

The US economic slowdown and the depreciation of the US dollar have led to a decline in the import of Vietnamese seafood since early this year. On the other hand, Vietnamese producers and exporters also suffered from anti-dumping tariffs, fluctuated foreign exchange rates and capital shortages. On September 19, the US Department of Commerce (DOC) said it postponed the announcement of results of administrative review on anti-dumping duties against shrimp imported from Vietnam to March 2009, instead of late October this year as planned. The US International Trade Committee (ITC) also voted on October 7 for a five-year administrative review of its anti-dumping tariffs on Vietnam’s catfish fillets before coming to the last decision to lift them or not. *** In the first nine months of this year, Vietnam’s catfish exports increased by 77 percent in quantity and 52 percent in value, earning over US$1 billion, according to the Ministry of Agriculture and Rural Development (MARD). According to Luong Le Phuong, MARD’s deputy minister, to push up exports, local businesses need to agree upon a floor price to avoid unfair competition, while attaching great importance to the safety hygiene. At an average revenue of US$150 million per month, Vietnam’s catfish exports are expected to fetch US$1.5 billion in 2008.... [read more]

AITA Executive Director Laura Jones praised the DOC’s final conclusion and said the fact that three Administration reviews have consistently found no evidence of dumping. She said that the monitoring had forced importers to change sourcing plans, thus increasing costs and undermining efficiencies as well as diverting apparel orders to other sources. The AITA Executive Director urged the incoming Obama administration to “focus on positive initiatives and not to make the mistake of thinking monitoring is a replacement for sound business decisions.” In its November 21 press release, the DOC officially announced that there was insufficient evidence to warrant self-initiating an antidumping investigation into Vietnam’s certain textile and apparel products.... [read more]




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