1. Certain Wood Products Exported to the United States
– Hardwood Plywood
HS Codes: 4412.31, 4412.32, 4412.33, 4412.34, 4412.94, 4412.99
This product has been under warning since July 2019. The United States officially imposed anti-dumping (AD) and countervailing duties (CVD) on similar products imported from China since November 2017.
In June 2020, the U.S. Department of Commerce (DOC) initiated an investigation into the circumvention of trade defense measures for hardwood plywood imported from Vietnam. In July 2023, the DOC issued the final conclusion of the case. According to this conclusion, hardwood plywood imported from Vietnam into the U.S. using core materials made from veneer sheets imported from China is considered to be circumventing the trade defense measures applied to hardwood plywood from China. However, plywood from Vietnam using cores made from veneer sheets produced in Vietnam or other countries is not considered as circumventing.
The DOC allows eligible Vietnamese exporters to participate in a self-certification mechanism to be excluded from the measure. Therefore, exporters to the U.S. should avoid using veneer sheets imported from China as core material for plywood production and maintain scientific records and documents tracing the origin of materials to demonstrate compliance with U.S. authorities upon inspection.
– Wooden Cabinets and Vanities
HS Codes: 9403.40, 9403.60, 9403.90
This product has been under warning since April 2020. The United States officially imposed AD and CVD duties on similar products imported from China since February 2020, with AD duties ranging from 4.37% to 262.18% and CVD duties ranging from 13.33% to 293.45%.
At the request of U.S. wooden cabinet and vanity manufacturers, the DOC initiated an investigation in May and June 2022 to determine whether wooden cabinets and vanities imported from Vietnam and Malaysia using components from China fall under the scope of existing trade defense measures and are circumventing the measures applied to China. In September 2023, the DOC issued a preliminary determination listing three cases where products fall under the original duty order. According to the latest schedule, the DOC will issue the final determination on product scope in April 2024 and preliminary and final determinations on circumvention in April and July 2024, respectively.
Manufacturers should avoid using finished, semi-finished, or component parts made in China for assembly and export to the U.S., as these cases are still subject to duties as if they were Chinese products according to the DOC’s preliminary determination.
– Wooden Bedroom Furniture
HS Codes: 9403.50.9041, 9403.50.9042, 9403.50.9045, 9403.50.9080, 9403.90.7005, 9403.90.7080
The United States has imposed AD and CVD duties on similar products imported from China since 2005. In September 2022, following a review, the DOC extended the duty orders on Chinese products until 2027.
This product represents a significant portion of U.S. imports, indicating a potential for the U.S. to initiate trade defense investigations or circumvention probes against wooden bedroom furniture imported from Vietnam. Vietnamese manufacturers should avoid using key components made in China for production and assembly for export to the U.S.
– Seats with Wooden Frames, Upholstered
HS Code: 9401.61
This product has been under warning since November 2020. It is included in the list of goods imported from China subject to a 25% tariff.
Given the product’s significant share in U.S. imports, there is potential for the U.S. to initiate trade defense investigations or circumvention probes against upholstered seats with wooden frames imported from Vietnam. Vietnamese manufacturers should avoid using major components made in China for production and assembly for export to the U.S.
– Wood Mouldings, Millwork Products
HS Codes: 4409.10, 4409.22, 4409.29
This product has been under warning since August 2021. The United States imposed AD and CVD measures on similar products from China since December 2020, with the lowest AD duty at 33.87% and the lowest CVD duty at 20.56%.
The share of Vietnamese products in U.S. imports is increasing. Exporters to the U.S. should avoid using main materials imported from China for producing these products.
2. Certain Construction Materials Exported to the United States
– Quartz Surface Products
HS Code: 6810.99
This product has been under warning since July 2019. The United States officially imposed duties on quartz surface products from China in May 2019, with anti-dumping (AD) duties ranging from 265.81% to 336.69% and countervailing (CVD) duties from 45.32% to 190.99%. The U.S. has also imposed AD and CVD measures on similar products from China, India, and Turkey. There is a possibility that the U.S. will further investigate AD, CVD, or circumvention measures on quartz surface products from Vietnam.
The U.S. requires that importers of assembled products using quartz surfaces from China, India, and Turkey (such as kitchen cabinets, bathroom vanities, etc.) separately declare the value of the quartz surfaces and pay AD and CVD duties based on this value. Therefore, exporters of products using quartz surfaces need to ensure accurate declarations by their import partners as per U.S. customs requirements to avoid being seen as circumventing AD and CVD measures under U.S. law.
– Ceramic Tile
HS Codes: 6907.21, 6907.22, 6907.23, 6907.30, 6907.40
This product has been under warning since July 2020. The U.S. officially imposed AD and CVD duties on similar products imported from China since April 2020.
Vietnam’s market share is increasing, but its proportion of total U.S. imports of this product is still small, at just 2.3%.
Vietnamese ceramic tile exports to the U.S. are expected to continue growing rapidly as Chinese exports to the U.S. decline due to AD and CVD duties. Exporters should avoid using primary materials imported from China for producing these products.
3. Certain Steel Products Exported to the United States
– Corrosion-Resistant Steel (CORE)
HS Codes: 7210.30, 7210.41, 7210.49, 7210.61, 7210.69, 7210.70, 7210.90, 7212.30, 7212.40, 7212.50, 7212.60
This product has been under warning since March 2022. The U.S. has imposed anti-dumping measures on CORE steel imported from Japan, South Korea, China, and Taiwan.
CORE steel from Vietnam has been subject to circumvention investigations. In these investigations, the U.S. Department of Commerce (DOC) has determined that exporting CORE steel produced in Vietnam using cold-rolled steel (CRS) or hot-rolled steel (HRS) imported from Japan, South Korea, China, or Taiwan constitutes circumvention of the AD measures imposed on imports from these markets. However, the DOC allows eligible Vietnamese exporters to self-certify that they do not use materials from these sources to be excluded from the circumvention measures. Therefore, exporters should avoid using CRS and HRS from the aforementioned markets and maintain accurate records and documentation of material origins to demonstrate compliance with U.S. authorities during inspections.
– Pipe and Tube
HS Codes: 7306.30, 7306.50, 7306.19, 7306.61
This product has been under warning since July 2022. The U.S. has imposed AD and CVD duties on pipe and tube imports from several markets, including China, South Korea, Mexico, Taiwan, and India.
Pipe and tube products from Vietnam have been subject to circumvention investigations. In these investigations, the DOC has determined that exporting pipe and tube products produced in Vietnam using HRS imported from China, South Korea, Taiwan, and India constitutes circumvention of the AD measures imposed on imports from these markets. However, the DOC allows eligible Vietnamese exporters to self-certify that they do not use materials from these sources to be excluded from the circumvention measures. Therefore, exporters should avoid using HRS from the aforementioned markets and maintain accurate records and documentation of material origins to demonstrate compliance with U.S. authorities during inspections.
– Prestressed Concrete Steel Wire Strand
HS Code: 7312.10
This product has been under warning since October 2023. The U.S. has imposed AD and CVD duties on prestressed concrete steel wire strand from 22 markets, including notable markets such as Malaysia, Indonesia, Thailand, Taiwan, India, China, Japan, and South Korea.
This product is at risk of being subject to trade defense or circumvention investigations by the U.S. Exporters should avoid using primary materials imported from China for producing these products.
– Stainless Steel Flanges
HS Code: 7307.21
This product has been under warning since October 2023. The U.S. has imposed AD duties on stainless steel flanges imported from China and India since 2018.
This product is at risk of being subject to trade defense or circumvention investigations by the U.S. Exporters should avoid using primary materials imported from China and India for producing these products.
4. Certain Steel Products Exported to Mexico
As of the end of 2023, Mexico has applied 45 anti-dumping measures on steel products imported from various countries and regions. Prior to 2021, there were no trade defense cases involving Vietnamese exports to Mexico. However, since 2021, Mexico has initiated investigations and applied trade defense measures on one Vietnamese steel product each year: coated steel (2021), cold-rolled steel (2022), and welding wire (2023). In the near future, the following Vietnamese steel products exported to Mexico are at risk of being subject to further trade defense investigations:
– Hot Rolled Sheet
HS Codes: 7208.36, 7208.37, 7208.38, 7208.39
Vietnam’s exports account for 7.2% of Mexico’s total imports of this product, making Vietnam the fourth-largest supplier in Mexico, after the U.S., Japan, and South Korea. Mexico has imposed AD measures on hot rolled sheet imports from China, Germany, France, Russia, and Ukraine.
– Prestressed Products
HS Code: 7312.10
Vietnam’s exports account for 6.8% of Mexico’s total imports of this product, making Vietnam the fifth-largest supplier in Mexico, after China, the U.S., South Korea, and Indonesia. Mexico has imposed AD measures on prestressed product imports from China, Spain, and Portugal.
5. Hot Rolled Structural Steel Sections Exported to Australia
HS Codes: 7216.31, 7216.32, 7216.33, 7216.40, 7216.50, 7228.70
This product has been under warning since October 2023. Australia has imposed AD duties on hot rolled structural steel sections imported from Japan, South Korea, Taiwan, and Thailand since 2013.
Vietnam’s exports account for 10.5% of Australia’s total imports of this product. This product is at risk of being subject to trade defense investigations by Australia if the export volume continues to increase at the current rate.
6. Some Aluminum Products Exported to the United States
– Aluminum wire and cable
HS Code Reference: 8544.49
Alert Information: The product has been under scrutiny since October 2023. The United States has imposed anti-dumping (AD) duties on aluminum wire and cable imported from China since 2019.
In mid-October 2023, the Department of Commerce (DOC) initiated an investigation to review the scope and anti-circumvention of trade remedy duties on aluminum wire and cable from three countries: Vietnam, Cambodia, and South Korea. Exporters to the US should avoid using primary materials imported from China to manufacture these products.
– Aluminum extrusions
HS Code References: 7604.10, 7604.21, 7604.29, 7608.10, 7608.20, 7610.10, 7610.90
Alert Information: The product has been under scrutiny since October 2023. The United States has imposed AD duties on aluminum extrusions imported from China since 2011.
At the end of October 2023, the DOC initiated an AD investigation on aluminum extrusions imported from 15 countries and territories, including Vietnam. The investigation is ongoing, with preliminary results expected by mid-March 2024. In addition to participating in this investigation to protect their legitimate rights and interests, exporters to the US should avoid using primary materials imported from the relevant countries to manufacture these products to prevent being subject to cumulative anti-circumvention duties.
7. Some Other Industrial Products
– Solar panels exported to the United States
HS Code References: 8501.61.0010, 8507.20.80, 8541.40.6015, 8541.40.6025, 8501.31.8010
Alert Information: The product has been under scrutiny since September 2021.
Since February 2018, the United States has imposed global safeguard measures on solar panels from all countries, including Vietnam, for four years. In February 2022, the US decided to extend these measures for another four years. The US has also maintained AD and CVD on the same products from China since 2012, with AD rates of 15.85-238.95% and CVD rates of 11.97-15.24%.
In March 2022, the DOC initiated an anti-circumvention investigation on solar panels imported from Vietnam, alleging that Vietnam was circumventing the AD and CVD imposed on imports from China. In August 2023, the DOC issued its final determination, concluding that: (1) photovoltaic cells produced in Vietnam using wafers manufactured in China, or (2) photovoltaic modules produced in Vietnam using wafers manufactured in China and more than two of the following materials produced in China: silver paste, aluminum frames, glass, back sheets, EVA sheets, and junction boxes, are subject to anti-circumvention measures. DOC allows qualified Vietnamese solar panel exporters to self-certify that they do not meet these conditions to be exempt from anti-circumvention measures. Exporters participating in the self-certification mechanism should honestly self-certify and maintain scientific documentation and traceability records to demonstrate compliance to US authorities upon request.
– Electric bicycles exported to the United States and EU
HS Code Reference: 8711.60
Alert Information: The product has been under scrutiny since February 2019. Chinese electric bicycles are subject to AD and CVD in the EU market and a 25% tariff under Section 301 of the US Trade Act of 1974.
When using imported components to produce and export electric bicycles, Vietnamese enterprises should accurately declare the origin to avoid being considered as engaging in tariff evasion. If necessary, companies may consult with the customs authorities of the importing country on how to determine origin to ensure accurate product origin declarations.
– Large residential washers exported to the United States
HS Code Reference: 8450.20
Alert Information: The product has been under scrutiny since October 2023. The United States has imposed AD duties on large residential washers imported from South Korea, China, and Mexico. The US safeguard measure on large residential washer imports expired in February 2023 after five years.
After the safeguard measure expired, the export value of large residential washers from Vietnam to the US has increased rapidly. Therefore, businesses should be aware of the risk of the US initiating trade remedy investigations on this product.
– Truck and bus tires exported to the United States
HS Code Reference: 4011.20
Alert Information: The product has recently been added to the watchlist. The United States initiated an AD investigation on truck and bus tires imported from Thailand in early November 2023, with a determination expected by August 2024. Thailand is the largest exporter of truck and bus tires to the US, with an export value of $1 billion in 2023, accounting for 31% of the total US import value for similar products.
If Thailand’s products are subject to AD duties, US importers may shift to other suppliers, including Vietnam. Therefore, Vietnamese exporters of truck and bus tires to the US should prepare and plan their business strategies accordingly to avoid becoming the next target of investigation if exports from Vietnam to the US increase too rapidly.