Decision No. 2333/QD-BCT

DECISION

ON THE INVESTIGATION INTO THE APPLICATION OF ANTI-DUMPING MEASURES AGAINST CERTAIN CERAMIC AND PORCELAIN TILE PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDIA

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. 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 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 Circular No. 26/2025/TT-BCT dated May 15, 2025 of the Minister of Industry and Trade detailing certain contents 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;

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

DECIDES:

Article 1. To investigate the application of anti-dumping measures against certain ceramic and porcelain tile products originating from the Republic of India, classified under HS codes 6907.21.21; 6907.21.22; 6907.21.23; 6907.21.24; 6907.21.91; 6907.21.92; 6907.21.93; 6907.21.94 (case code: AD23), with details 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 trade remedy laws.

Article 3. This Decision takes effect from the date of signing.

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

NOTICE

ON THE INVESTIGATION INTO THE APPLICATION OF ANTI-DUMPING MEASURES AGAINST CERTAIN CERAMIC AND PORCELAIN TILE PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDIA (Enclosed with Decision No. 2333/QĐ-BCT dated August 18, 2025 of the Minister of Industry and Trade)

1. Background information

On April 16, 2024, the Trade Remedies Authority (TRA) (the Investigating Authority) received an application requesting an investigation into the application of anti-dumping (AD) measures against ceramic and porcelain tile products originating from the Republic of India (the Application). The Requesting Party represents the domestic industry and comprises 09 companies:

- VITTO Group Joint Stock Company;

- A My Ceramic Joint Stock Company;

- Thang Cuong Joint Stock Company;

- Thien Hoang Technology Joint Stock Company;

- Vigalcera Tien Son Joint Stock Company;

- TASA Group Joint Stock Company;

- Prime Tien Phong Joint Stock Company;

- CTH Ceramics Joint Stock Company;

- HERA Industrial Joint Stock Company.

On the basis of the Application, the Investigating Authority conducted a review 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 June 18, 2025, the Investigating Authority received the completed application from the Requesting Party, fully supplementing 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 July 2, 2025, the Investigating Authority issued Notice No. 94/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 July 2, 2025, the Investigating Authority sent a letter to the Embassy of the Republic of India in Vietnam notifying it of the receipt of a complete and valid Application.

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

- The party requesting the application of AD measures satisfies the requirement of being representative of the domestic industry; and

- There is clear evidence that 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 investigating trade remedy cases, and Article 79 of the Law on Foreign Trade Management on the grounds for conducting an investigation into the application of AD measures, the Ministry of Industry and Trade decides to conduct an investigation into the application of AD measures against certain ceramic and porcelain tile products originating from the Republic of India (case code: AD23).

Pursuant to the transitional provisions in 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 certain contents on trade remedy measures, case AD23 shall continue to be considered and resolved in accordance with Decree No. 86/2025/NĐ-CP and Circular No. 26/2025/TT-BCT.

2. Investigation content

2.1. Goods under investigation

a) Description of goods:

The scope of goods under investigation includes ceramic and porcelain tile products described as follows:

Name of goods: Ceramic and porcelain tiles with a water absorption not exceeding 0.5% by weight.

Description: The goods subject to the investigation request are certain ceramic and porcelain tile products (excluding paving blocks under heading 69.04) manufactured from clay and/or other inorganic materials and fired at high temperature, glazed or unglazed, fired at a maximum temperature of less than 1500 degrees Celsius, with water absorption not exceeding 0.5% by weight, regardless of thickness and size, including wall tiles, floor tiles, pavement tiles and similar products.

HS code classification: 6907.21.21; 6907.21.22; 6907.21.23; 6907.21.24; 6907.21.91; 6907.21.92; 6907.21.93; 6907.21.94.

The Ministry of Industry and Trade may amend or 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: Republic of India.

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.

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

2.3. The Requesting Party's proposed duty rate:[2]

The Requesting Party 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 from the Republic of India, at a level of 45.30%.

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 interested parties in the case with the Investigating Authority in order to access publicly circulated information during the investigation and submit comments, information, and evidence relevant to the investigation content stated in this Notice.

b) Organizations and individuals shall register as interested parties using the Interested Party Registration Form in Appendix I issued together with Circular No. 26/2025/TT-BCT and submit it to the Investigating Authority through the Online Trade Remedy Application Receiving System (TRAV ONLINE) at: http://online.trav.gov.vn within sixty (60) working days from the effective date of the investigation decision. Concurrently, 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) To ensure 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 in order to exercise the right to access information, provide information, and express views during the course of the case investigation.

3.2. Sampling questionnaire

Within 07 days from the date of the investigation decision, the Investigating Authority shall send a sampling questionnaire to the following interested parties:

a) Producers and exporters of the goods under anti-dumping and anti-subsidy investigation into Vietnam known to the Investigating Authority;

b) The representative in Vietnam of the country or territory producing and exporting the goods under anti-dumping and anti-subsidy investigation.

3.3. Investigation questionnaire

Pursuant to Article 41 of Decree No. 86/2025/NĐ-CP, 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 requested, 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 related parties.

3.4. Language and script

a) The language and script used during the investigation is Vietnamese. Interested parties have the right to use their own ethnic language and script, in which case translation and interpretation must be provided.

b) Information and documents not in Vietnamese provided by interested parties must be translated into Vietnamese. Interested parties must ensure the truthfulness and accuracy of the translated content and shall be legally responsible for it.

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) Any interested party that refuses to participate in the case, fails to provide necessary evidence, or significantly obstructs the completion of the investigation shall have the investigation conclusion regarding that party based on the facts available.

b) Any interested party that provides inaccurate or misleading evidence shall have such evidence disregarded, and the investigation conclusion regarding that party shall be based on the facts available.

c) The Investigating Authority recommends that interested parties fully cooperate during the case investigation to ensure their lawful rights and interests.

3.7. Consultation

Interested parties have the right to request a private consultation with the Investigating Authority in accordance with regulations, provided that such consultation does not affect the case investigation deadline.

Before concluding the investigation, the Investigating Authority shall hold a public consultation session with interested parties. The Investigating Authority is responsible for notifying interested parties of the consultation session at least thirty (30) days before the date it is held.

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 to apply 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 the event that the final conclusion of the Investigating Authority determines that there is material injury or threat of material injury to the domestic industry, the Minister of Industry and Trade may decide to apply AD duties with retroactive effect;

b) AD duties shall be applied with retroactive effect to goods imported within ninety (90) days prior to the application of provisional AD duties if the imported goods are determined to have been dumped; and the volume or quantity of dumped goods imported into Vietnam increased sharply during the period from the commencement of the investigation to the application of provisional AD duties, causing injury that is difficult to remedy to the domestic industry.

6. Contact information

Trade Remedies Authority - Ministry of Industry and Trade

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

Email:

- Mr. Huynh Quoc Hung - Anti-Dumping and Countervailing Investigation Division: hunghq@moit.gov.vn

- Mr. Bui Tuan Linh - Injury and Safeguard Investigation Division: linhbt@moit.gov.vn

The Decision and Notice on the case can be accessed and downloaded on the website of the Ministry of Industry and Trade: www.moit.gov.vn; or the Trade Remedies Authority: 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 a domestic industry, and the causal relationship between such conduct and the injury mentioned above.

[2] This duty rate is the allegation of the Requesting Party, not the conclusion of the Authority.