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In brief

On 20 August 2020, the Trade Remedy Authority (TRA) of the Ministry of Industry and Trade (MOIT) – the Investigator – received a petition for an anti-dumping and countervailing investigation (AD) with regard to cane sugar under HS code 1701.13.00, 1701.14.00, and 1701.99.10, originating from Thailand.

The petitioners are Son La Cane Sugar JSC, Son Duong Cane Sugar JSC, KCP Vietnam Industrial LLC., Can Tho Cane Sugar JSC, 333 Cane Sugar JSC, and Soc Trang Cane Sugar JSC. Together they represent more than 25% of the total domestic production.

On 21 September 2020, the MOIT issued Decision No. 2466/QD-BCT to officially conduct the investigation (AD13-AS01).


In more detail

Scope of Products

  • Product name: Cane sugar
  • Scientific name: Sucrose
  • HS classification: 1701.13.00, 1701.14.00, and 1701.99.10
  • Origin: Thailand

Period of Investigation (POI)

POI for Dumping Margin and Subsidies: From 1 July 2019 to 30 June 2020

POI for Material Injury:

  • Year 1: From 1 July 2017 to 30 June 2018
  • Year 2: From 1 July 2018 to 30 June 2019
  • Year 3: From 1 July 2019 to 30 June 2020

Estimated Dumping Margins

Country Estimated Dumping Margins
Thailand 37.9%

Registration as Related Parties

A registration form in Vietnamese for related parties needs to be sent to the TRA-MOIT within 60 working days from the effective date of the investigation decision (no later than 18 November 2020).

Investigation Timeline

Action Item Legal Date Likely Date
Petition Filed 20 August 2020 20 August 2020
TRA Initiation 21 September 2020 21 September 2020
Related Party Registration By 18 November 2020 By 18 November 2020
Questionnaires Available 5 October 2020 5 October 2020
Questionnaires Response Submission By 3 November 2020 (if extended, by 2 December 2020) By 2 December 2020
Preliminary Determination N/A 21 January 2021 to 21 March 2021
Final Conclusion 6 September 2021 (if extended, 06 March 2022) 6 September 2021
Final Determination 21 September 2021 (if extended, 21 March 2022) 21 September 2021
Author

Thanh Vinh Nguyen is a partner in Baker McKenzie's Ho Chi Minh City office. Prior to joining the Firm, he practiced tax and consultancy work for two international accounting firms and worked as a compliance counsel for an international insurance company. He has co-written Business Operations in Vietnam, published by The Bureau of National Affairs, Inc.

Author

Ngoc Trung Tran is an Associate in Baker McKenzie, Ho Chi Minh City office.