Final results of DoC’s POR13 released

21-Mar-2018 Intellasia | VN Economic Times | 6:00 AM Print This Post

Final results of 13th administrative review by US Department of Commerce on anti-dumping duties for Vietnamese pangasius exporters issued.

by Minh Do

Vietnamese pangasius exports pass first US test

The final results of the 13th administrative review of anti-dumping duties on Vietnamese pangasius exporters to the US (POR13) have been released, with the Vinh Hoan Corporation subject to zero per cent and other Vietnamese exporters from $3.87 per kilogram.

On October 14, 2016, the US Department of Commerce (DoC) initiated POR13 on an anti-dumping duty order on frozen fish fillets from Vietnam for the period from August 1, 2015 through July 31, 2016, in which the mandatory respondent was the GODACO Seafood Joint Stock Company.

On September 12, 2017, DoC preliminarily determined that as GODACO had not cooperated to the best of its ability during the review process, it would be subject to the application of adverse facts available and based on such, its preliminary duty margin was determined at $2.39 per kilogram.

In March 2017, DoC published the final antidumping duties, which were generally higher than the initial results. The ad valorem rate adopted for GODACO will increase by over 60 per cent, from $2.39 per kilogram to $3.87. This unprecedentedly high rate will also serve as the blanket duty for other Vietnamese exporters’ shipments to the US during POR13.

Earlier, according to the Vietnam Association of Seafood Exporters and Producers (VASEP), the POR13 case was the first time DoC has made adjustments completely lacking in legal basis and ignoring the usual regulations while making a preliminary decision. Compared with previous cases, the anti-dumping duty rate applied from POR13 on tra fish fillet products was three times higher than that determined in the 12th review.

VASEP said the preliminary results of POR13 show a level of unfairness that is contrary to the usual anti-dumping law provisions and is at the same time imposing unreasonable treatment on Vietnamese tra fish export businesses, proven by applying Adverse Facts Available (AFA) and a dumping margin of $2.39 per kilogram on GODACO, saying that the company did not cooperate during the review process and did not provide all necessary data. In fact, GODACO fully cooperated in the review and supplied all data and information requested by DoC in a timely manner. The data was complete and accurate and reported in accordance with its US terms of sale and its normal business and production practices.

On behalf of Vietnamese tra fish exporters and producers, VASEP opposes DoC’s unfair preliminary decision in POR13. VASEP and GODACO will be filing case briefs to rebut the preliminary decision. It takes 30 days for VASEP and GODACO to submit briefs stating in detail their rebuttal as well as providing information that they previously failed to turn over as requested. If VASEP and GODACO comply with US law, which fully adheres to the laws and regulations of the WTO, then their rebuttals will be heard prior to the final issuance of any decision on the matter.

Final results


Weighted-average margin

($ per kilogram)

Vietnam-wide entity


GODACO Seafood Joint Stock Company


Hung Vuong Group


Can Tho Import-Export Joint Stock Company (CASEAMEX)


Cuu Long Fish Joint Stock Company


Dai Thanh Seafood Company Limited


Green Farms Seafood Joint Stock Company


NTSF Seafood Joint Stock Company


Vinh Quang Fisheries Corporation


Hoang Long Seafood Processing Co., Ltd


Cadovimex II Seafood Import-Export and Processing Joint Stock Company


DoC also rescinded the administrative review on certain exporters who had filed the review withdrawal request timely, for example within 90 days of the date of publication of the initiation and without any other outstanding review requests. The Vinh Hoan Corporation and the Bien Dong Seafood Co. were not requested for review by the petitioners and therefore will maintain their most recent margins. As the POR12 rate was zero per cent, Vinh Hoan will continue to enjoy this rate in POR13.


Category: Economy, Vietnam

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