On December 28, 2023, the Minister of Industry and Trade issued Circular No. 42/2023/TT-BCT (Circular 42/2023/TT-BCT), amending and supplementing certain provisions of Circular No. 37/2019/TT-BCT dated November 29, 2019 (Circular 37/2019/TT-BCT), which specifies details regarding trade remedy measures.
The development of Circular 42/2023/TT-BCT aims to inherit appropriate, advanced, and effectively applicable regulations from Circular 37/2019/TT-BCT, ensuring it meets the requirements for trade remedy exemptions and addressing difficulties and obstacles encountered during the implementation of Circular 37/2019/TT-BCT.
The Draft Circular consists of three Articles with the following key contents:
Article 1: Amendments and supplements to eight provisions of Circular 37/2019/TT-BCT as follows:
1. Amending and supplementing Clause 5 of Article 6 regarding the parties involved in the investigation and application of trade remedy measures.
2. Amending and supplementing Clause 4 and the title of Article 10 regarding the scope of exemption consideration for applying trade remedy measures.
3. Amending and supplementing Article 11 regarding the duration of exemptions from trade remedy measures.
4. Amending and supplementing Clause 4 of Article 13 regarding the criteria for consideration and forms of exemptions from trade remedy measures.
5. Amending and supplementing Clause 1 of Article 16 regarding the notification of receipt of exemption requests and requirements for additional exemption request documentation.
6. Amending and supplementing Article 20 regarding the obligation to submit periodic reports.
7. Amending and supplementing Clause 2 of Article 23 regarding post-exemption inspections.
8. Amending and supplementing Point c of Clause 1 of Article 26 regarding the revocation of exemption decisions.
Article 2: Repealing Clauses 5 and 6 of Article 10 of Circular 37/2019/TT-BCT.
Article 3: Implementation provisions.
The issuance of Circular 42/2023/TT-BCT contributes to establishing a comprehensive, reasonable, and feasible legal framework, ensuring the lawful, effective, and quality implementation of trade remedy exemptions. It effectively contributes to the fight against and handling of trade remedy law violations in the current practical context. This Circular will come into effect on February 16, 2024.