The United States receives a request for anti-dumping and anti-subsidy investigation on solar battery products...

1. General information about the case

- Products proposed for investigation: some solar battery products under HS codes 8501.61.0000, 8507.20.80, 8541.42.0010, and 8541.43.0010;

- Case code: A-552-841and C-552-842;

- Plaintiff: U.S. Solar Energy Manufacturing Trade Commission Alliance;

- Date of receipt: April 24, 4;

- Export enterprises accused of dumping and receiving subsidies: The plaintiff named about 60 Vietnamese companies;

– Proposed anti-dumping/CTC investigation period: Year 2023;

- Recommended damage investigation period: 03 years (2021-2023);

- Exports: In 2023, according to US customs data, import turnover from Vietnam in 2023 is 4,2 billion USD. Accordingly, this item exported from Vietnam accounts for 26% of the total US solar battery imports (the highest among the accusing countries).

1.1. Information on dumping allegations:

– Alleged anti-dumping margin for goods exported from Vietnam: 271,45% (highest among the 04 accused countries).

– Water and replacement value: Because the United States considers Vietnam a country with a non-market economy, the DOC will use alternative values ​​of third countries to calculate the dumping margin for Vietnam. In this case, the plaintiff proposed to use Indonesia as an alternative country because it believes that Indonesia has a level of economic development similar to Vietnam and there are a significant number of solar cell manufacturers (Indonesia is on the latest list of alternative countries issued by DOC for Vietnam). Parties have time to comment on alternative countries within 30 days before DOC issues preliminary conclusions of the case.

1.2. Information on alleged subsidies

– Alleged subsidy programs: The plaintiff alleges that Vietnamese solar cell manufacturing/exporting enterprises have received 31 subsidy programs from the Government, causing material injury or threatening to cause material injury to a domestic industry in the United States. The alleged subsidy programs fall into the following categories:

(1) Group of loan programs: includes preferential lending programs, factoring, export guarantees with interest rates, preferential lending "green credit" of 04 state-owned joint stock commercial banks (Agribank, Vietinbank, Vietcombank and BIDV) because these banks are subject to Government intervention; investment credit and export credit programs of the Vietnam Development Bank (VDB) and interest rate support programs of the State Bank;

(2) Group of tax incentive programs: includes programs on corporate income tax incentives, tax incentives for new investors, for small and medium-sized enterprises, for solar energy projects, accelerated depreciation programs, and import tax exemption for with imported goods used to produce exported goods, import tax refund for raw materials used to produce exported goods, import tax exemption for goods imported into industrial parks, import tax exemption for businesses has foreign investment, exempts import tax on imported raw materials for export processing enterprises and is located in export processing zones;

(3) Group of land incentive programs: including programs for rent/tax exemption or land and water use fees for encouraged industries, enterprises in industrial parks and economic zones, foreign-invested enterprises, land incentives for solar energy projects;

(4) Sponsorship program: including export promotion and investment support programs.

(5) Providing amenities at preferential prices: including programs to provide electricity, water and other utilities to businesses at preferential prices;

(6) Financial support from the Chinese Government in the One Belt - One Road Initiative and input materials imported from China are priced lower than normal prices: The plaintiff requests to apply new new regulations on U.S. transnational subsidies (effective April 24, 4). Accordingly, the plaintiff alleges that Vietnamese solar energy manufacturers also benefit from transnational subsidies from the Chinese government.

2. Further investigation procedures:

According to US investigation regulations, there are two agencies participating in an anti-dumping and anti-dumping investigation case: DOC investigates dumping and subsidy practices and is generally responsible for the investigation results while the Commission The US International Trade Commission (ITC) is responsible for assessing damage to the domestic industry. Products are only subject to anti-dumping/CTC tax if both agencies issue affirmative conclusions. If in the anti-dumping case, only the export enterprise is the subject of investigation, then in the CTC case, the Government is also the subject of investigation.

Procedures for investigating anti-dumping and anti-dumping cases are as follows:

Step 1: The government of the country under investigation (Vietnam) consults with DOC on the application for CTC investigation;

Step 2: DOC has 20 days to consider the investigation request and issue a decision to initiate/or not initiate an investigation, expected on May 14, 5. In some special cases, DOC may extend the deadline. This period totals 2024 days;

Step 3: The ITC has 45 days from the date of receipt of the application to issue a preliminary determination of damages. In case the ITC's preliminary conclusion is that there is no damage, the case will be completely terminated (however this possibility is usually low);

Step 4: DOC has 140 days from the date of initiation to issue a preliminary conclusion on dumping and has 65 days from the date of initiation to issue a preliminary conclusion on subsidies;

Step 5: DOC has 75 days from the date of issuance of the preliminary conclusion to issue the final conclusion on dumping/subsidy;

Step 6: The ITC has 45 days from the date the DOC issues its final conclusion on dumping/subsidy to make a final conclusion on damages;

Step 7: DOC has 07 days to issue an Anti-dumping/CTC tax imposition order (in case of conclusion that there is dumping/subsidy and damage).

(Timelines may be extended)

3. Request

Above is some information related to the case of receiving a request for investigation of anti-dumping and CTC with solar batteries imported from Vietnam and some countries. Solar battery products are also currently subject to self-defense tax and anti-evasion tax on anti-dumping and anti-dumping duties that the United States is imposing on China (postponed until June 6 according to the Proclamation of the General Assembly). US President).

To prepare to respond to the incident, the Trade Remedies Department recommends: Enterprises manufacturing and exporting related products:

  – Closely monitor further developments of the case; proactively research and master the regulations, order and procedures for anti-dumping and CTC investigation of the United States and plan a suitable appeal strategy for the business (in case the DOC initiates an investigation); diversify markets and export products;

– Fully cooperate with the US Investigation Agency throughout the process of the case. Any action demonstrating non-cooperation or insufficient cooperation may result in the US Investigation Agency using available evidence to the contrary or applying the highest alleged anti-dumping and CTC tariffs to the enterprise. Karma;

– Proactively register for an IA ACCESS account at DOC's electronic portal (https://access.trade.gov/login.aspx) to update information and submit related documents and documents to the US Investigation Agency;

– Regularly coordinate and update information for the Trade Remedies Department to receive timely support.

For further information, please contact: Foreign Trade Remedies Handling Department, Trade Remedies Department, Ministry of Industry and Trade, 23 Ngo Quyen, Hoan Kiem, Hanoi (Expert in charge: Ha Van Hieu, Phone: 024.7303.7898, Email: hieuhv@moit.gov.vn, ngocny@moit.gov.vn, Website: http://trav.gov.vn/