Under the context of minimum tariff and non-tariff barriers, trade remedy measures are effective tools to protect local production against unfair trade and overwhelming imports. How have Vietnamese enterprises made use of these tools to protect their legal rights?
Total imports in 2015 amounted to 1.2 trillion tons. This means imported products dominated the market, with nearly 50% of market shares. While Vietnamese enterprises are familiar with trade remedies, such measures have not yet proven effective due to various hurdles.
To Thai Ninh, Vietnam Competition Authority, Ministry of Industry and Trade said: To submit a trade remedy case, connectivity among enterprises is needed to represent a specific manufacturing sector in the country. Standards require that petitioning firms produce 25% of total production volume of the local market.
There are three primary types of trade remedies; namely, anti-dumping, countervailing duties and safeguards (OR temporary relief from import surges). However, small-and-medium sized enterprises with limited resources are losing on the domestic front. Big enterprises should take the lead in connecting domestic enterprises to implement trade remedies effectively.
Dinh Anh Tuyet, Lawyer, IDVN Law company said: The leading enterprise will be both a leader and a financial supporter. They might have to accept some disadvantage, but it’s necessary for comprehensive cooperation.
Nguyen Van Sua, Deputy Chairman, Vietnam Steel Association said: There are some conflicts in benefits among enterprises, but in general, we have reached an agreement to apply trade remedies.
In 2013, Vietnamese steel manufacturers succeeded in an anti-dumping suit against imported stainless steel cold rolling products. The fact that they were well-prepared and determined to follow the case from beginning to end was crucial to its success.