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In brief

On 3 June 2021, the Trade Remedy Authority (TRA) of the Ministry of Industry and Trade (MOIT)  (“Investigator“) received a petition for an anti-dumping investigation (AD) with regard to office desks and chairs originating from China and Malaysia.

The petitioners are Xuan Hoa Vietnam JSC, and Hoa Phat Furniture., JSC.

On 1 September 2021, the MOIT issued Decision No. 2091/QD-BCT to officially conduct the investigation (“AD16 case“).


In more detail

1. Scope of products

  • Investigated Products: Office desks and chairs
  • HS classification: 9401.30.00; 9401.40.00; 9401.61.00; 9401.69.90; 9401.71.00; 9401.79.90; 9401.80.00; 9401.90.40; 9401.90.92; 9401.90.99; 9403.30.00; 9403.60.90; 9403.90.90
  • Origin: China and Malaysia
  • Exempted products:

i. The exemptions of office desks are as follows:

  1. Fully made of plastic
  2. Fully made or partially made of rattan, wicker, bamboo or similar materials
  3. The office desk sizes do not fall within the regulated specifications. (Please contact our office for the full specification of the investigated products.)

ii. The exemptions of chairs are as follows:

  1. Fully made of plastic
  2. Fully made or partially made of rattan, wicker, bamboo or similar materials
  3. Sofa with a maximum of height of 420 mm and bar stool with a minimum of height is 600 mm

2. Period of investigation (POI)

POI for dumping margin: From 1 July 2020 to 30 June 2021

POI for material injury: From 1 July 2018 to 30 June 2021

3. Estimated dumping margins

The petitioners have proposed the anti-dumping rate as follows:

CountryAnti-dumping rate
 Office deskChair
China35.20%21.40%
Malaysia32.40%24.90%

4. 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 23 November 2021).

5. Investigation timeline

Action itemLegal dateLikely date
Petition filed29 December 202029 December 2020
TRA initiation1 September 20211 September 2021
Related party registrationBy 23 November 2021By 23 November 2021
Questionnaires available15 September 202115 September 2021
Questionnaires response submissionBy 14 October 2021 (if extended, by 12 November 2021)By 12 November 2021
Preliminary determinationN/A1 January 2022 to 1 March 2022
Final conclusion18 August 2022 (if extended 15 February 2023)18 August 2022
Final determination1 September 2022 (if extended, 1 March 2023)1 September 2022
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 a Senior Regulatory Advisor in Baker McKenzie's Ho Chi Minh City office.

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