Vietnam started to conduct an investigation into the dumping of polyester filament yarn
The Ministry of Industry and Trade of Vietnam started to conduct an investigation into the dumping of polyester filament yarn products in the Vietnamese market in April 2020 on the basis of a request from the domestic industry submitted in November 2019. The investigation process of the case is carried out in accordance with the provisions of the Law on Foreign Trade Management and related regulations as well as the Anti-Dumping Agreement of the World Trade Organization.
On April 06, 2020, the Ministry of Industry and Commerce issued Decision No. 1079/QD-BCT on anti-dumping investigation on some products made of polyester (also known as PFY or filament) imported into Vietnam originating from the People’s Republic of China (China), Republic of Indonesia (Indonesia), Republic of India (India) and Malaysia (case number AD10).
General information:
- Type of case: Anti-Dumping
- Case No.: AR02.AD10
- Initiated date: April 06, 2020
- Initiated Country: Vietnam
- Respondent(s): Republic of India, Republic of Indonesia, Malaysia, and People’s Republic of China
- Good in investigation:some products made of polyester (also known as PFY or filament)
- HS Code: 5402.33.00, 5402.46.00, 5402.47.00, 5402.33.10, 5402.33.90, 5402.46.10, 5402.46.90, 5402.47.10, 5402.47.90.
- Investigation period: January 01, 2019 to December 31, 2019
- Petitioner: Vietnam Petrochemical and fiber joint stock company, Formosa Industries Corporation, Century Synthetic Fiber Corporation
Decision on temporary imposition of anti-dumping measures
Accordingly, the Ministry of Industry and Trade continues to maintain the anti-dumping tax previously applied under Decision No. 2080/QD-BCT dated August 31, 2021 to apply temporary anti-dumping tax on some polyester filament products from the above countries.
Decision to apply official anti-dumping and anti-subsidy measures
On October 13, 2021, the Ministry of Industry and Trade issued Decision No. 2302/QD-BCT replacing Decision No. 2080/QD-BCT, on the application of official anti-dumping duty on a number of polyester filament yarn products originating from India, Indonesia, Malaysia and China. Accordingly, the Ministry of Industry and Trade continues to maintain the previously applied anti-dumping duty, which is still according to the decision to impose the temporary duty. Tax rates: India: 54,90%; Indonesia: 21,94%; Malaysia: 21,45%; China: 3,36% – 17,45%.
Decision No. 2302 includes the following key information:
Article 1. Application of official anti-dumping duties on a number of long fiber products made from polyester with HS codes 5402.33.00, 5402.46.00, and 5402.47.00 originating in the People’s Republic of China, the Republic of India, the Republic of Indonesia, and Malaysia (case code: AD10). Details are stated in the Notice attached to this Decision.
Article 2. This Decision takes effect after 03 (three) days from the date of issuance.
Article 3. Decision No. 2080/QD-BCT dated August 31, 2021, of the Minister of Industry and Trade, expires from the effective date of this Decision.
Article 4. The Chief of the Office of the Ministry, the Director of the Trade Remedies Department, and the heads of relevant units and parties are responsible for the implementation of this Decision.
Correction of some contents of Decision No. 2302/QD-BCT through Decision No. 928/QD-BCT
On May 13, 2022, the Ministry of Industry and Trade of Vietnam issued Decision No. 928/QD-BCT amending certain contents of Decision No. 2302/QD-BCT regarding the imposition of official anti-dumping duties on certain long polyester fiber products originating from India, Indonesia, Malaysia, and China.
Corrected information may be listed as follows:
– Article 1: Correction of information in Section 1 of the notice issued together with Decision No. 2302/QD-BCT, specifically in the section “High tenacity yarn made of nylon or other polyamides, whether or not elasticized” transformed into “textile”
+) Additional information under section code 5402.33.00 is “Other yarn, single, untwisted or twisted not exceeding 50 turns per meter:”
– Article 2: Other contents comply with Decision No. 2302/QD-BCT dated October 13, 2021, of the Minister of Industry and Trade
– Article 3: The Chief of the Office of the Ministry, the Director of the Trade Remedies Department, and the heads of the relevant units and parties are responsible for the implementation of this Decision
The content of the correction can be considered in more detail in Decision No. 928/QD-BCT.
In the context of the Covid-19 pandemic, in order to facilitate the relevant parties to prepare sufficient information and data as well as to clarify the impact of dumping on the operation of the domestic manufacturing industry, including downstream manufacturing industries, the Ministry of Industry and Trade has extended the time limit for investigating the case to October 6, 2021.
The results of the official investigation showed a sudden increase in the amount of investigated goods imported from China, India, Indonesia and Malaysia. In particular, in the context of Covid-19, polyester filament yarn imports in the first 6 months of 2021 reached nearly 258,000 tons, up 37% over the same period in 2020. Dumping imported goods was the main cause of causing great damage to the domestic industry.
The application of official anti-dumping measures will contribute to creating an equal competitive environment for domestic industries, enhancing the autonomy of input materials, thereby enhancing value – added and competitiveness of Vietnamese products and enterprises in the global value chain. In addition, Vietnam has joined many Free Trade Agreements (FTAs), creating favorable conditions for many economic sectors, including textiles, to expand export markets. However, in order to enjoy tariff preferences, the domestic manufacturing industry must meet strict rules of origin according to each FTA. Therefore, increasing the initiative in the production of raw materials, meeting the requirements of origin will help the textile industry to take advantage of the benefits from FTAs.
In the coming time, the Ministry of Industry and Trade will continue to coordinate with relevant ministries and related parties to monitor the impact of trade remedies, production situation, supply-demand, prices, etc. to ensure a fair competitive environment with equality and convenience for the manufacturing industry in accordance with regulations.
ORIGINS | PRELIMINARY RATE % | FINAL RATE % |
INDIA | 54.9% | 54.9% |
INDONESIA | 21.94% | 21.94% |
MALAYSIA | 21.23% | 21.45% |
CHINA | 3.36%-17.45% | 3.36%-17.45% |
The 1st review of the application of anti-dumping measures
On the basis of reviewing dossiers submitted by related parties (A total of 60 companies according to the attached Notice), On December 30, 2022, the Ministry of Industry and Trade of Vietnam issued Decision No. 2954/QD-BCT on the first review of the application of anti-dumping measures to a number of polyester filament yarn products originating from India, Indonesia, Malaysia and China, based on the requests submitted by several domestic manufacturing companies and manufacturing-exporting companies from China in August 2022.
The order and procedures for investigation and review shall comply with Vietnam’s legal provisions on trade remedies. The review period for the margin of dumping is from October 1, 2021 to the end of September 30, 2022. The statutory review period is no more than 6 months from the date of the review decision. The review period may be extended once, but not exceeding 3 months.
Accordingly, the deadline for the Ministry of Industry and Trade to issue the first review conclusion on the case of applying anti-dumping measures to a number of polyester filament yarn products originating from India, Indonesia, and Malaysia and China is June 30, 2023, or extended to September 30, 2023.
On June 22, 2023, the Ministry of Industry and Trade of Vietnam issued Decision No. 1511/QD-BCT extending the deadline for the first review of the imposition of anti-dumping measures on certain long polyester fiber products originating from India, Indonesia, Malaysia, and China.
Throughout the investigation process, the Ministry of Industry and Trade followed the relevant regulations stipulated in the Law on Foreign Trade Management and Decree No. 10/2018/ND-CP.
Pursuant to Clause 1, Article 58 of Decree No. 10/2018/ND-CP dated January 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management on trade defense measures, within 60 days before the end of 1 year from the date of the official decision to apply anti-dumping measures or the latest decision on the results of the review of anti-dumping measures, relevant parties may submit a request for review.
The Trade Defense Department said it has received documents from domestic manufacturing enterprises requesting a review of the application of anti-dumping measures against a number of fiber manufacturers/exporters from China.
Vietnam reviewed for the first time the application of anti-dumping measures on a number of polyester filament yarn products originating from India, Indonesia, Malaysia and China.
On November 1, 2023, the Ministry of Industry and Trade of Vietnam issued Decision No. 2866/QD-BCT regarding the first review results of the anti-dumping measures imposed on certain long polyester fiber products from India, Indonesia, Malaysia, and China (case code AR01.AD10). Decision No. 2866 takes effect from November 4, 2023, adjusting the anti-dumping duties for several enterprises, including 29 main groups of manufacturing-exporting companies producing long polyester fiber products. The new anti-dumping duties range from 3.24% to 12.39%.
Vietnam – Second annual review regarding anti-dumping imposition on certain polyester long yarn products
Based on the review of the dossier submitted by the relevant parties in accordance with the provisions of law, on February 18, 2025, the Ministry of Industry and Trade issued Decision No. 421/QD-BCT on the second review of the application of anti-dumping measures on some long-fiber products made from polyester originating from India, Indonesia, Malaysia, and China (case code: AR02.AD10).
To ensure the interests of all organizations and individuals involved in the case, the Trade Remedies Authority recommends that organizations and individuals register as related parties according to the Related Party Registration Form in Appendix I issued with Circular No. 37/2019/TT-BCT and send it to the Investigation Authority via the Online Trade Remedies Dossier Receiving System (TRAV ONLINE – https://online.trav.gov.vn) within sixty (60) working days from the effective date of the decision to conduct the review. At the same time, the Related Party Registration Form can be sent to the Investigation Authority by post or email.
According to the notice, the deadline for stakeholder registration is May 19, 2025.
Extension of the review period by 3 months
To ensure a comprehensive, objective, and law-abiding investigation process, on August 18, 2025, the Ministry of Industry and Trade issued Decision No. 2324/QD-BCT to extend the review period by 3 months. Accordingly, the deadline for the conclusion of the investigation is postponed to November 18, 2025.
This extension is based on Articles 82 and 90 of the Law on Foreign Trade Management No. 05/2017/QH14, which allow the investigating authority additional time to collect, analyze, and evaluate evidence from relevant parties, thereby ensuring conclusions that align with market realities and international practices.
Significance of the review
Periodic reviews play a vital role in the implementation of trade remedy measures, aiming to:
• Ensure the reasonableness and transparency of AD duties, preventing measures from being maintained at levels higher or lower than necessary.
• Provide opportunities for exporters to demonstrate changes in production conditions, costs, or prices, which could result in lower duties.
• Protect the domestic industry from potential injury caused by dumped imports while maintaining a fair competitive environment.
Recommendations for enterprises
During this extended period, relevant parties – including producers, exporters, importers, and industry associations – should:
• Proactively provide information and supporting data on production, export, or import activities related to polyester staple fiber products.
• Closely monitor the investigation process and official announcements from the Ministry of Industry and Trade to respond appropriately.
• Prepare long-term strategies, including market and product diversification, and explore opportunities to leverage review mechanisms to mitigate risks.
This extension decision demonstrates that Vietnamese authorities are adopting a cautious and objective approach in handling trade remedy cases. It also serves as a reminder to both domestic and foreign enterprises of the importance of full and transparent cooperation during the investigation process to safeguard legitimate interests and contribute to maintaining a fair trading environment.