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5 June 2023

The United States Solicits Comments On Amendments To Trade Remedy Regulations

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On May 9, 2023, the United States Department of Commerce (DOC) issued a draft amendment to regulations to strengthen the enforcement of trade remedies...
Worldwide International Law

On May 9, 2023, the United States Department of Commerce (DOC) issued a draft amendment to regulations to strengthen the enforcement of trade remedies in the Anti-Dumping and Anti-subsidy Act (Chapter VII, Tariff Act 1930 of the United States) for comments from stakeholders.

In the draft amendments to the provisions to strengthen the enforcement of trade remedies in the Anti-Dumping and Anti-subsidy Act, the DOC proposes to amend many existing procedures and processes and to codify many investigate practices and strengthen a number of methods of analysis and calculation of prices and costs in order to focus on resolving price distortions.

The general purpose of this amendment is to strengthen, improve the enforcement of trade remedies through the administration of anti-dumping duties (AD) and countervailing duties (CVD).

Responding to the proposal of the DOC, the Vietnam Trade Remedies Administration also contributed comments to amend the US trade remedy regulations and encourage Vietnamese manufacturing and exporting enterprises which have professional opinions and practical experience after many trade remedy cases including anti-dumping, anti-subsidy, safeguard and trade remedies circumvention, to actively contribute comments to the DOC to protect their interests.

Based on the experience gained from the investigations, Vietnam can contribute ideas to change the working method and operation of future investigations, possibly from cases such as solar panel, catfish,...

Not only businesses, individual lawyers, reputable law firms on anti-dumping and trade remedies can also submit comments to the above amendment to contribute to improving operational regulations, investigation, tax imposition, etc. of the United States – Vietnam's most important trading partner.

Comments may be submitted directly through the Federal eRulemaking Portal at https://www.Regulations.gov, Docket No. ITA-2023-0003 by July 10, 2023; or commentors can send it in writing to the Trade Remedy Administration, Ministry of Industry and Trade at 23 Ngo Quyen, Hoan Kiem, Hanoi (also send the soft copy to email address: hieuhv@moit.gov.vn; ngocny@moit.gov.vn) before June 30, 2023 for the Trade Remedy Administration to synthesize the comments and send it to DOC.

Draft DOC amendments can be downloaded here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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