Guidance on verifying the authenticity and validity of the Certificate of Quality of manufacturers of products subject to Anti-dumping duties in Vietnam

Guidance on verifying the authenticity and validity of the Certificate of Quality of manufacturers of products subject to Anti-dumping duties in Vietnam (Internet image)

On June 17, 2024, the General Department of Customs (Hanoi, Vietnam) issued Official Dispatch 2801/TCHQ-GSQL on the verification of the authenticity and validity of the Certificate of Quality of manufacturers of products subject to Anti-dumping duties in Vietnam.

Guidance on verifying the authenticity and validity of the Certificate of Quality of manufacturers of products subject to Anti-dumping duties in Vietnam

According to the regulations in the Ministry of Industry and Trade’s Decisions on the application of anti-dumping duties (AD) and the guiding Official Dispatches from the Ministry of Industry and Trade that provide sample quality certificates from manufacturers and exporters involved in anti-dumping investigations, when importing goods under anti-dumping investigations, importing enterprises must present the original quality certificate from the manufacturer for customs authorities to cross-check and verify the validity of this certificate against the sample quality certificate provided by the Trade Remedies Authority, serving as the basis for accurately determining the subjects to which AD duties apply and the level of AD duties.

Following the monitoring of the implementation of the above regulations, the General Department of Customs received feedback regarding difficulties faced by some units in determining the accuracy and validity of the quality certificate presented by importing enterprises. Concerning this issue, the General Department of Customs (Hanoi, Vietnam) requires the provincial and municipal Customs Departments to proceed as follows:

• When examining the import documents for goods subject to AD duties, customs officials should base their checks on the provisions outlined in Article 32 of the Law on Customs 2014, the Decision on the application of anti-dumping duties from the Ministry of Industry and Trade, and the sample quality certificate from the manufacturer provided by the Ministry of Industry and Trade to verify the accuracy, completeness, and consistency of the customs declaration content with the documents in the customs dossier (including the manufacturer's quality certificate).

• In cases where there is a basis for doubting the authenticity and validity of the quality certificate submitted by the importing enterprise, the provincial and municipal Customs Departments are requested to send a copy of the customs dossier (including the quality certificate provided by the enterprise) to the General Department of Customs (via the Department of Customs Supervision and Administration) to coordinate with the Trade Remedies Authority (Ministry of Industry and Trade) to verify the authenticity and validity of this quality certificate within the jurisdiction and legal framework.

• During the verification process by the Trade Remedies Authority, if the importing enterprise requests clearance, the goods shall temporarily not be subject to the anti-dumping duties applicable to the manufacturer named in the Notice attached to the Decision on the application of anti-dumping duties from the Ministry of Industry and Trade, and the AD duties shall be applied as in cases where the manufacturer's quality certificate is not presented. After receiving the verification results from the Ministry of Industry and Trade, the provincial and municipal Customs Departments shall carry out the tax procedures according to the current tax laws.

The General Department of Customs (Hanoi, Vietnam) notifies the provincial and municipal Customs Departments for implementation.

More details can be found in Official Dispatch 2801/TCHQ-GSQL issued from June 17, 2024.

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