Trade remedies measures, including anti-dumping measures, anti-subsidy measures and trade
defense, are applied when conditions are satisfied that the act of damaging or
threatening harm to the domestic production.
However, the Ministry of Industry and
Commerce has also issued separate regulations for some goods exempted from the
application of trade remedies. The circular No. 06/2018/TT-BCT providing
detailed regulations on trade remedies as effective on June 15th, 2018 regulating the exemption for the application of
trade remedies.
The Minister of Industry and Trade shall consider and decide on
the exemption for goods in the following cases:
The imports have characteristics which are different from and
not substituted by the like or directly competitive products produced by
domestic industry;
The imports are special products of the like or directly
competitive products produced by domestic industry;
There are no sales of the like or directly competitive products
produced by the domestic industry in the ordinary course of trade in the
domestic market;
The volume of the like or directly competitive products produced
by the domestic industry is not enough satisfy the needs of the domestic
market.
The duration of exemption for the trade remedies is calculated
as follows: From the date of the decision on the application of a provisional
or official remedy or the outcome of the decision on the results of the review
of trade remedies effective until the end of December 31 of the year issuing
the decision; The exemption period is one year from January 1 to December 31 of
the following year or the exemption period from the date of receipt of valid
dossiers to December 31 of the year when the exemption decision is issued.
Goods are exempted for the application of trade remedies
measures, organizations and individuals are entitled to a refund of trade
remedies tax paid on imported goods within the exemption period of the
exemption decision. However, if the goods violate conditions such as misuse of
goods; Commits fraudulent acts in the application for exemption; Failing to
comply with the conditions and obligations in the exemption decision and the
exemption conditions are no longer available, the organization or individual
shall be subject to the revocation of the exemption decision which has been
issued and at the same time shall have to pay tax according to provisions of
law.
Exemption from trade remedies is a form of incentive in import
and export activities, but this preference must be within certain limits and
should not affect domestic production, domestic company.
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