The US Department of Commerce (DOC) has announced the preliminary ruling of the 13th administrative period of review (POR13) on frozen fish fillets from Vietnam from the August 1, 2015 to July 31, 2016.
According to POR13, the announced tax rate is $2.39 per kg which is 3 times higher than the individual tax rate in the 12th administrative review period (POR12).
VASEP found that this was the first time the DOC has made adjustments without legal basis and it ignore the usual regulations when making a preliminary decision.
VASEP emphasized that these results were also imposing and unreasonable for Vietnam's enterprises who are exporting fillets fillet frozen in the US market.
VASEP cited that the DOC applied Adverse Facts Available (AFA) and dumping margin of $2.39/kg for GODACO when the DOC claimed that GODACO did not cooperate and provide all necessary data. However, the fact was not as same as what the DOC said.
Moreover, the DOC calculated the average tax rate based on AFA tax rate for companies enjoying a different rate while those companies provided full data records in accordance with DOC's time limits and requirements. This is an unprecedented task which reflects the lack of basis during the review process.
VASEP suggested that "On behalf of Vietnam pangasius processing and exporting enterprises, we strongly oppose DOC's unfair decision. We requires the DOC to carefully review the records in order to provide accurate and reasonable rates for companies".
VASEP also asked the DOC to review GODACO's case as well as provide reasonable tax rates for businesses based on the legal basis when making the final decision of the POR13.
