Vietnamese honey is at risk of anti-dumping investigation

According to the Trade Defense Department, the plaintiffs are the American Honey Producers Association and the Sioux Honey Association. Goods to be investigated is raw honey, classified under HS code 0409.00. Enterprises need to check against HS codes when exporting and describing US products. The proposed dumping investigation period is from October 1, 2020, to March 31, 2021, damage investigation period is from 1/1/2018.

This is the first time that Vietnam's honey products are in danger of being investigated for trade defense measures and possibly the third case of trade defense investigation in the world after the US anti-dumping investigation on Chinese honey and the US anti-dumping and anti-subsidy investigation on Argetinan honey in 2001.

During this time period, the Ministry of Industry and Trade has actively coordinated and worked with the Ministry of Agriculture and Rural Development, Vietnam Beekeepers Association and honey export enterprises to the United States to proactively capture information and prepare a timely response plan in case an investigation is initiated.

According to US regulations, the DOC will consider initiating an investigation of the case within a maximum of 20 days from the receipt date of the complaint (April 21, 2021). As stated by the rule, the DOC will send the quantity and value questionnaire (Q&V) on the same day as the notice of initiating the case. Enterprises will have about 14 days to complete the Q&V questionnaire. Answering to the Q&V questionnaire is compulsory if businesses do not want to be subject to noncooperation tax rates.

Currently, the United States International Trade Commission (ITC) is reviewing the plaintiff's petition to evaluate the damage of the honey production industry in the United States. The ITC will have to draw conclusions about the damage assessment to the bee industry in the United States within 45 days of receipt.

For the purposes of the mentioned damage assessment, ITC submitted a questionnaire seeking some relevant information from domestic producers, importers and honey producers/exporters from the 5 accused countries. The deadline for providing information to ITC is 5/5/2021 (US time), how to submit the answer is specified in the questionnaire.

The Trade Defense Department recommends that associations and manufacturers/exporters related to the issues should respond to the ITC's questionnaire to show their goodwill to cooperate with the US investigative agency. Enterprises also need to read the instructions carefully, answer fully and submit the questionnaires in the right format and deadline; regularly coordinate and provide information to the Trade Defense Department to receive timely support.

The Trade Defense Department also recommends any action that demonstrates noncooperation or inadequate cooperation that may lead to the US investigative agency using the available evidence adversely or imposing the highest anti-dumping tax rate proposed by the plaintiff.