Decision No. 3013/QD-BCT

DECISION

FINAL REVIEW OF THE APPLICATION OF ANTI-DUMPING MEASURES ON POLYESTER FILAMENT YARN PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDIA, THE REPUBLIC OF INDONESIA, MALAYSIA AND THE PEOPLE'S REPUBLIC OF CHINA

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;

Pursuant to Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade on imposition of definitive anti-dumping duty on certain polyester filament yarn products originating from the People's Republic of China, the Republic of India, the Republic of Indonesia and Malaysia;

Pursuant to Decision No. 928/QĐ-BCT dated May 13, 2022 of the Minister of Industry and Trade correcting certain contents of Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade;

Pursuant to Decision No. 2963/QĐ-BCT dated December 30, 2022 of the Minister of Industry and Trade amending and supplementing Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade on the official application of anti-dumping duties on certain polyester filament yarn products and Decision No. 928/QĐ-BCT dated May 13, 2022 of the Minister of Industry and Trade correcting a number of contents of Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade;

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

DECIDES:

Article 1. To conduct a final review of the application of anti-dumping measures on certain polyester filament yarn products imported into Vietnam and classified under HS codes 5402.33.10, 5402.33.90, 5402.46.10, 5402.46.90, 5402.47.10 and 5402.47.90, originating from the Republic of India, the Republic of Indonesia, Malaysia and the People's Republic of China (case code: ER01.AD10), with details set out in the Notice attached to this Decision.

Article 2. The investigation order and procedures shall follow Vietnam's laws 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, and heads of relevant units and parties concerned shall be responsible for implementing this Decision./.

NOTICE

FINAL REVIEW OF THE APPLICATION OF ANTI-DUMPING MEASURES ON POLYESTER FILAMENT YARN PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDIA, THE REPUBLIC OF INDONESIA, MALAYSIA AND THE PEOPLE'S REPUBLIC OF CHINA (Attached to Decision No. 3013/QĐ-BCT dated October 16, 2025 of the Minister of Industry and Trade)

1. Basic information

On October 13, 2021, the Ministry of Industry and Trade issued Decision No. 2302/QĐ-BCT on the imposition of definitive anti-dumping duty on certain polyester filament yarn products originating from the People's Republic of China, the Republic of India, the Republic of Indonesia and Malaysia (case code: AD10). Decision No. 2302/QĐ-BCT took effect on October 16, 2021.

On May 13, 2022, the Ministry of Industry and Trade issued Decision No. 928/QĐ-BCT correcting a number of contents of Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade.

On December 30, 2022, the Ministry of Industry and Trade issued Decision No. 2963/QĐ-BCT amending and supplementing Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade on the imposition of definitive anti-dumping duty on certain polyester filament yarn products, and Decision No. 928/QĐ-BCT dated May 13, 2022 of the Minister of Industry and Trade correcting a number of contents of Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade.

On November 1, 2023, the Ministry of Industry and Trade issued Decision No. 2866/QĐ-BCT on the results of the first review of the application of anti-dumping measures on certain polyester filament yarn products originating from the Republic of India, the Republic of Indonesia, Malaysia and the People's Republic of China.

On July 31, 2025, the Trade Remedies Authority (TRAV) received a dossier from a number of domestic producers requesting a final review of the application of trade remedy measures on polyester filament yarn products originating from the Republic of India, the Republic of Indonesia, Malaysia and the People's Republic of China.

On October 8, 2025, TRAV issued Notice No. 178/TB-PVTM confirming that the dossier of the Requesting Party seeking a final review of the application of trade remedy measures on polyester filament yarn products originating from the Republic of India, the Republic of Indonesia, Malaysia and the People's Republic of China was complete and valid.

2. Basis and content of the final review

a) Basis of the final review

Pursuant to Clause 2, Article 82 of the Law on Foreign Trade Management: "One year before the end of the period of application of anti-dumping measures, the Minister of Industry and Trade shall issue a decision to conduct a final review of the application of the anti-dumping measures."

Pursuant to Clause 3, Article 52 of Decree No. 86/2025/NĐ-CP: "Where a dossier requesting a final review satisfies Clause 5, Article 57 of this Decree, the Investigating Authority shall review the following contents:

a) The likelihood of continuation or recurrence of dumping or subsidisation of imported goods if the anti-dumping or countervailing measures are terminated;

b) The likelihood of continuation or recurrence of material injury or threat of material injury to the domestic industry if the application of the anti-dumping or countervailing measures is terminated;

c) The socio-economic impact of continuing to apply the anti-dumping and countervailing measures."

b) Content of the final review

Pursuant to Point b, Clause 2, Article 82 of the Law on Foreign Trade Management and Clause 3, Article 52 of Decree No. 86/2025/NĐ-CP, the Investigating Authority shall determine the necessity, reasonableness and socio-economic impact of continuing to apply the anti-dumping measures, and assess the likelihood of continuation or recurrence of injurious dumping to the domestic industry if the anti-dumping measures are terminated, specifically:

(i) The likelihood of continuation or recurrence of dumping of imported goods if the anti-dumping measures are terminated;

(ii) The likelihood of continuation or recurrence of material injury or threat of material injury to the domestic industry if the application of the anti-dumping measures is terminated;

(iii) The socio-economic impact of continuing to apply the anti-dumping and countervailing measures.

3. Goods subject to review

- Description: the goods subject to the review are polyester filament yarn products, comprising the following main yarn groups: polyester partially oriented yarn (POY), polyester drawn textured yarn (DTY) and polyester fully drawn yarn (FDY).

- Classification by commodity code (HS code): 5402.33.10, 5402.33.90, 5402.46.10, 5402.46.90, 5402.47.10 and 5402.47.90

- Current anti-dumping duty rates: from 3.24% to 54.90% depending on the producer/exporter. The specific rates are published in Decision No. 2302/QĐ-BCT dated October 13, 2021; Decision No. 928/QĐ-BCT dated May 13; Decision No. 2963/QĐ-BCT dated December 30, 2022 and Decision No. 2866/QĐ-BCT dated November 1, 2023.

4. Review process and procedures

The Investigating Authority shall conduct the investigation and review procedures as follows:

4.1. Registration of interested parties

a) Pursuant to Article 6 of Circular No. 26/2025/TT-BCT dated May 15, 2025 of the Ministry of Industry and Trade detailing a number of provisions on trade remedy measures, organizations and individuals specified in Article 74 of the Law on Foreign Trade Management may register as interested parties in the review case with the Investigating Authority in order to access publicly circulated information during the review, and to submit comments, information and evidence relating to the review content set out in Section 2 of 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 send it to the Investigating Authority at the address stated in this Notice within sixty (60) working days from the effective date of the decision to conduct the review, by sending an official letter enclosed with the interested party registration form by either of the following means: (i) post 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.

4.2. Final review questionnaire

Within 20 days from the date on which the Minister of Industry and Trade decides on the review, the Investigating Authority shall send review questionnaires to the parties involved in the review.

4.3. On-the-spot verification

a) Pursuant to Clause 3, Article 75 of the Law on Foreign Trade Management, where necessary, the Investigating Authority has the right to conduct on-the-spot verification, including verification abroad, in order to verify the authenticity of information and documents provided by interested parties or to collect further information and documents necessary for handling the trade remedy case.

b) The order and procedures for on-the-spot verification shall comply with Article 13 of Decree No. 86/2025/NĐ-CP.

4.4. Language used during the review

a) The language used during the review is Vietnamese. Interested parties have the right to use their own ethnic language and script, in which case an interpreter 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, and bear legal responsibility for, the translated content.

4.5. 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 Article 11 of Decree No. 86/2025/NĐ-CP.

4.6. Cooperation during the review

Pursuant to Article 9 of Decree No. 86/2025/NĐ-CP:

Non-cooperation in the investigation or review of a trade remedy case means that a party:

a) Refuses to allow the Investigating Authority to conduct on-the-spot verification as requested;

b) Refuses to give the Investigating Authority access to information and documents as requested;

c) Refuses to provide information and documents, or provides incomplete information and documents, as requested by the Investigating Authority within the prescribed time limit;

d) Provides information and documents that the Investigating Authority determines to be inaccurate or misleading.

For cases investigating the application of anti-dumping measures and reviewing the application of anti-dumping measures, where the information and documents provided by the parties are not accepted, the Investigating Authority shall notify the party providing them and request an explanation within a specified period. Where that party fails to provide an explanation, or the explanation is not accepted by the Investigating Authority, the Investigating Authority shall determine the information and documents to be inaccurate or misleading in accordance with Point d, Clause 1 of this Article.

4.7. Review time limit

Pursuant to Point d, Clause 2, Article 82 of the Law on Foreign Trade Management, the review time limit shall not exceed 09 months from the date of the review decision; where necessary, it may be extended once, but not exceeding 03 months.

5. Access to information

The Decision and the Notice on conducting the review may be accessed on the website of the Ministry of Industry and Trade: www.moit.gov.vn; or of the Trade Remedies Authority: www.trav.gov.vn or www.pvtm.gov.vn.