The US extends the time to issue the final conclusion on the trade remedy evasion investigation case

On September 12, 2022, the United States Department of Commerce (DOC) announced the fourth extension of the time to issue the final conclusion on the investigation of evasion of anti-dumping and countervailing duties and countervailing duties for plywood using hardwood materials imported from Vietnam. According, the final conclusion is expected to be issued on January 31, 2023.

Previously, on July 25, 2022, the DOC announced the preliminary conclusion of the case, saying that plywood products imported from Vietnam into the United States had a core using peeled wood imported from China. The country will be subject to anti-dumping and anti-dumping duties as currently applied to plywood imported from China. Plywood from Vietnam, if it has a core using peeled boards manufactured in Vietnam or in other countries, is not subject to anti-dumping and anti-dumping duties.

Pursuant to the DOC’s preliminary findings, US Customs and Border Protection (CBP) will continue to suspend liquidity and require importers to pay a deposit equal to the provisional anti-evasion tax rate for the goods. consignments imported from Vietnam into the United States from June 17, 2020 (the date the Official Gazette initiated the investigation) for cases subject to the application of measures.

The DOC allows Vietnamese exporters (except for businesses that the DOC assesses as not fully cooperating as required by the investigation agency) as well as US importers participating in the self-certification mechanism to be excluded from the avoidance measure. Accordingly, Vietnamese exporters need to complete a self-certification declaration for exporters and provide a copy and supporting documents (invoices, purchase orders, production records, etc.) imports into the United States, and the importer must complete the self-certification declaration for the importer prior to the date of shipment. The declarations and supporting documents need to be maintained for a period of 5 years from the date of entry of the goods or 3 years after the end of the lawsuit related to the imported goods in the US court (if any). ,

Particularly for shipments imported from June 17, 2020 to August 28, 2022 (30 days from the date of publication of preliminary conclusions), DOC extends the time limit for completing declarations and supporting documents. to December 1, 2022 (instead of September 12, 2022 as in the preliminary conclusion). According to calculations, the number of enterprises participating in self-certification accounted for about 80% of Vietnam’s export turnover during the investigation period.


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