Decision No. 2093/QD-BCT

DECISION

INVESTIGATION INTO THE APPLICATION OF ANTI-DUMPING MEASURES AGAINST CERTAIN CLEAR FLOAT GLASS PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDONESIA AND MALAYSIA

MINISTER OF INDUSTRY AND TRADE

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14 dated June 12, 2017;

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 86/2025/NĐ-CP dated April 11, 2025 of the Government detailing a number of articles of the Law on Foreign Trade Management on trade remedy measures;

Pursuant to Circular No. 26/2025/TT-BCT dated May 15, 2025 of the Minister of Industry and Trade detailing a number of provisions on trade remedy measures;

Pursuant to Decision No. 536/QĐ-BCT dated February 28, 2025 of the Minister of Industry and Trade defining the functions, tasks, powers and organizational structure of the Trade Remedies Authority of Vietnam;

At the proposal of the Director General of the Trade Remedies Authority of Vietnam.

DECIDES:

Article 1. To investigate the application of anti-dumping measures against certain clear float glass products originating from the Republic of Indonesia and Malaysia, classified under HS codes 7005.29.20 and 7005.29.90 (case code: AD22), with details as set out in the Notice enclosed with this Decision.

Article 2. The investigation order and procedures shall be carried out in accordance with Vietnam's law on trade remedies.

Article 3. This Decision takes effect from the date of its issuance.

Article 4. The Chief of the Ministry Office, the Director General of the Trade Remedies Authority of Vietnam, heads of relevant units, and relevant parties shall be responsible for the implementation of this Decision.

NOTICE

INVESTIGATION INTO THE APPLICATION OF ANTI-DUMPING MEASURES AGAINST CERTAIN CLEAR FLOAT GLASS PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDONESIA AND MALAYSIA (Enclosed with Decision No. 2093/QĐ-BCT dated July 18, 2025 of the Minister of Industry and Trade)

1. Background information

On March 3, 2025, the Trade Remedies Authority of Vietnam (TRAV) (the Investigating Authority) received an application requesting the investigation into the application of anti-dumping (AD) measures against clear float glass products originating from the Republic of Indonesia and Malaysia (the Application). The Applicant represents the domestic industry, comprising 4 companies: Chu Lai Float Glass Joint Stock Company, Ha Long Float Glass Joint Stock Company, Phu My Extra Clear Float Glass Co., Ltd., and Vietnam Float Glass Co., Ltd.

Based on the Application, the Investigating Authority conducted an examination and issued official letters requesting supplementation and clarification of certain information and content regarding the product scope, the grounds for determining dumping conduct, as well as indications of material injury or threat of material injury to the domestic industry and the causal relationship between the dumping conduct and the injury to the domestic industry.

On May 27, 2025, the Investigating Authority received the Applicant's completed dossier, which fully supplemented the requested information.

Pursuant to Clause 1, Article 30 and Article 28 of Decree No. 10/2018/NĐ-CP dated January 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management on trade remedy measures (Decree No. 10/2018/NĐ-CP), on June 6, 2025, the Investigating Authority issued Notice No. 79/TB-PVTM confirming that the Application was complete and valid.

Pursuant to Point c, Clause 5, Article 70 of the Law on Foreign Trade Management and Article 5.5 of the WTO Anti-Dumping Agreement, on June 6, 2025, the Investigating Authority sent letters to the Embassy of the Republic of Indonesia and the Embassy of Malaysia in Vietnam notifying them of the receipt of the complete and valid Application.

Pursuant to Article 79 of the Law on Foreign Trade Management on the grounds for conducting an AD investigation, the Investigating Authority determines that:

- The party requesting the application of AD measures meets the requirement of representing the domestic industry; and

- There is clear evidence that the dumped imported goods are the cause of material injury to the domestic industry.

Pursuant to Article 70 of the Law on Foreign Trade Management on the order and procedures for conducting trade remedy investigations and Article 79 of the Law on Foreign Trade Management on the grounds for conducting an AD investigation, the Ministry of Industry and Trade decides to conduct an investigation into the application of AD measures against certain clear float glass products originating from the Republic of Indonesia and Malaysia (case code: AD22).

Pursuant to the transitional provisions under Article 117 of Decree No. 86/2025/NĐ-CP dated April 11, 2025 of the Government detailing a number of articles of the Law on Foreign Trade Management on trade remedy measures and Article 30 of Circular No. 26/2025/TT-BCT dated May 15, 2025 of the Minister of Industry and Trade detailing a number of provisions on trade remedy measures, case AD22 shall continue to be considered and resolved in accordance with Decree No. 10/2018/NĐ-CP and Circular No. 37/2019/TT-BCT (as amended and supplemented by Circular No. 42/2023/TT-BCT dated December 28, 2023 of the Minister of Industry and Trade).

2. Scope of the investigation

2.1. Goods under investigation

a) Description of goods:

The scope of the goods under investigation includes clear float glass products described as follows:

Name of goods: transparent float glass, clear float glass

Description of goods: Float glass is sheet glass produced using the horizontal drawing technology, floating on the surface of molten metal. The float glass within the scope of the investigation is clear (uncolored) float glass; without wire mesh reinforcement; not coated with an absorbing layer, a reflective layer, or a non-reflective layer; and is not optical glass that has not been optically worked.

HS code classification: 7005.29.20, 7005.29.90.

The Ministry of Industry and Trade may amend and supplement the list of HS codes of the goods under investigation to conform with the description of the goods under investigation and other changes (if any).

b) Origin of the goods under investigation: the Republic of Indonesia and Malaysia.

2.2. Period of investigation (POI):[1]

(i) The period of investigation for determining dumping conduct is as follows: from July 1, 2024 to June 30, 2025.

(xi) The period of investigation for determining injury is as follows: from July 1, 2021 to June 30, 2025.

2.3. The Applicant's proposed tax rate:[2]

The Applicant has provided reasonable grounds to demonstrate the dumping conduct of the goods proposed for investigation, as well as data to determine the dumping margin of the goods proposed for investigation, at 60.68% from the Republic of Indonesia and 23.02% from Malaysia.

3. Investigation order and procedures

3.1. Registration of interested parties

a) Organizations and individuals specified in Article 74 of the Law on Foreign Trade Management may register as an interested party in the case with the Investigating Authority in order to access publicly available information during the investigation, and to submit comments, information and evidence relevant to the investigation content set out in this Notice.

b) Organizations and individuals shall register as an interested party using the Interested Party Registration Form in Appendix I issued together with Circular No. 37/2019/TT-BCT and submit it to the Investigating Authority through the Online Trade Remedies Application Receiving System (TRAV ONLINE) at: http://online.trav.gov.vn, within sixty (60) working days from the effective date of the investigation decision. At the same time, the Interested Party Registration Form may be sent to the Investigating Authority by one of the following two methods: (i) postal mail or (ii) email.

c) In order to protect their lawful rights and interests, the Investigating Authority recommends that organizations and individuals producing, importing, or using the goods under investigation register as interested parties so as to exercise their rights to access information, provide information, and express their views during the investigation of the case.

3.2. Investigation questionnaire

Within fifteen (15) days from the date of the investigation decision, the Investigating Authority shall send the investigation questionnaire to the following parties:

- The party filing the application for the application of AD measures;

- Other domestic producers known to the Investigating Authority;

- The party against which the application of AD measures is proposed, as known to the Investigating Authority;

- Importers of the goods under investigation;

- The diplomatic representative agency in Vietnam of the country of origin of the goods under investigation;

- Other relevant parties.

3.3. Investigation sampling

In cases where the number of foreign producers, exporters, importers and domestic producers is too large, or the range of goods for which AD measures are requested is too broad, the Investigating Authority may limit the scope of the investigation.

3.4. Language

a) The language used in the investigation process is Vietnamese. An interested party has the right to use its own language and script, in which case translation and interpretation must be provided.

b) Information and documents not in Vietnamese provided by an interested party must be translated into Vietnamese. The interested party must ensure the truthfulness and accuracy of, and bear legal responsibility for, the content of the translation.

3.5. Confidentiality of information

The Investigating Authority shall maintain the confidentiality of information in accordance with Clause 2, Article 75 of the Law on Foreign Trade Management and specific guiding documents.

3.6. Cooperation during the investigation

a) If any interested party refuses to participate in the case, fails to provide necessary evidence, or significantly obstructs the completion of the investigation, the investigation conclusion with respect to that interested party shall be based on the facts available.

b) If any interested party provides inaccurate or misleading evidence, such evidence shall not be considered, and the investigation conclusion with respect to that interested party shall be based on the facts available.

c) The Investigating Authority recommends that interested parties fully cooperate during the case process in order to protect their lawful rights and interests.

3.7. Import management of the goods under investigation

From the effective date of the investigation decision until the conclusion of the AD measure investigation process, the Investigating Authority may implement an import declaration requirement regime for the goods under investigation for the application of AD measures, to serve the investigation work. Import declaration shall not be limited in terms of the quantity, volume, or value of the imported goods.

The order and procedures for implementing import management of the goods under investigation shall be carried out in accordance with current regulations. The Ministry of Industry and Trade will issue a detailed notice in the event this measure is applied.

3.8. Consultation

Interested parties have the right to request separate consultations with the Investigating Authority in accordance with regulations, provided that such consultation does not affect the time limit for the investigation of the case.

Before concluding the investigation, the Investigating Authority shall organize a public consultation session with interested parties. The Investigating Authority is responsible for notifying interested parties of the organization of the consultation no later than thirty (30) days before the date of the consultation.

4. Application of provisional AD duties

Based on the preliminary investigation conclusion, the Investigating Authority may propose that the Minister of Industry and Trade decide on the application of provisional AD duties in accordance with Clause 1, Article 81 of the Law on Foreign Trade Management. The provisional AD duty rate shall not exceed the dumping margin stated in the preliminary investigation conclusion.

5. Retroactive application of AD duties

a) In cases where the final conclusion of the Investigating Authority determines that there is material injury or a threat of material injury to the domestic industry, the Minister of Industry and Trade may decide to apply AD duties retroactively;

b) AD duties shall be applied retroactively to imported goods within ninety (90) days prior to the application of provisional AD duties if the imported goods are determined to have been dumped; the volume or quantity of dumped goods imported into Vietnam increased sharply during the period from the initiation of the investigation to the application of provisional AD duties, and this caused injury that would be difficult to repair to the domestic industry.

6. Contact information

Trade Remedies Authority of Vietnam - Ministry of Industry and Trade

Address: 54 Hai Ba Trung, Cua Nam Ward, Hanoi, Vietnam

Email:

- Ms. Tran Hoang Mai - Anti-Dumping and Countervailing Investigation Division: maitrh@moit.gov.vn

- Ms. Vu Thi Ha Phuong - Injury and Safeguard Investigation Division: phuongvth@moit.gov.vn

The Decision and Notice on the case may be accessed and downloaded on the website of the Ministry of Industry and Trade: www.moit.gov.vn, or the Trade Remedies Authority of Vietnam: www.trav.gov.vn or www.pvtm.gov.vn.

[1] This is the period during which the Investigating Authority collects information and data to determine the existence of dumping conduct, the existence of injury or threat of injury, or material retardation of the establishment of the domestic industry, and the causal relationship between the conduct and the injury mentioned above.

[2] This tax rate is an allegation of the Applicant, not a conclusion of the Investigating Authority.