On 02/09/2012, the U.S. Department of Commerce (DOC) released final regulations and final Amendments to the practical application of the method, "provided to 0" in the period for review of administrative orders imposed anti-dumping (anti-dumping).

The announcement of Final Rule and Amendments are published in the Federal Gazette. This is the time limit prescribed in the U.S. agreement with Japan and the European Union (EU) to address the Japanese and EU threatened to retaliate against the United States because this country does not enforce the judgment of methodological WTO "rules of 0" in a reasonable period of time prescribed by the WTO. Schedule to provide for and apply new Amendments begins on 02/13/2012. A copy of the Gazette Notification will be sent to the Federal Competition Administration Department of the Ministry of Industry and Trade of Vietnam.

The effective date

These regulations and new amendments to the practical application of the method "provided to 0" in the DOC's administrative review period applies only to the future. The annual review period affected by this regulation is the periodic review of "... that preliminary results were issued more than 60 days after publication of final regulations DOC ..." Thus, Regulations will not apply for the review period has been completed or ongoing periodic review that preliminary decision was taken during the period to 60 days after date of publication of this Final Rule.

A practical problem is the Final Rule will not apply to any period to check for periodic review of the 5th of anti-dumping tariff order or until sunset review.

Related to the sunset review period, the period of 60 days the same will apply. In particular, will apply the final regulations if the preliminary determination or final results of the public conducted sunset reviews are given more than 60 days after date of publication of final regulations. However, in the sunset review period that the Final Rule is applied, the DOC will not rely on dumping margins of any previous decision which method to use "provisions of 0" to determine the amplitude dumping (DOC will only rely on the dumping margin was calculated using the method is not "provided to 0"). Except in "special cases", DOC will not recalculate the dumping margin in the previous rulings of the sunset review that ruling does not apply "method provided to 0".

Related to the tax and liquidity, the final regulations will only apply to shipments of subject imports preliminary ruling came more within 60 days after the end of Regulations published the same.

DOC will adopt final regulations under Section 129 of the judgment as required by the Agency for the U.S. Trade Representative (USTR) arising from the WTO dispute led to the adoption of final regulations.

Scope of the Final Rule

Final Rule provides that DOC will normally compare the average performance - to - average (average export prices with the average normal value of the item being investigated) and will use the difference in export price is greater than the normal value to compensate for the difference in the case of normal value is greater than export prices (in other words not to use the method "provided to 0". DOC refused to confirm or say more about those cases where the DOC will use other facilities to determine the dumping margin. DOC also announced it would refuse the method does not apply "rules of 0" in any circumstances. 

Source Vasep.com.vn

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