According to the Memorandum from the US Department of Commerce (DOC) on March 25, 2022, DOC initiated an investigation into anti-circumvention by many Vietnamese enterprises manufacturing furniture for export to the United States.
It is our awareness that a great number of companies are currently under consideration in the circumvention inquiries initiated by the Department of Commerce of the United States of America to determine whether wooden cabinets, vanities and components thereof (WCV) that are completed in Vietnam using parts and components from the People’s Republic of China, are circumventing the antidumping and countervailing duty orders on WCV from China.
As a unique Law Firm with specialized Lawyers who are seasoned experts in this area, ALB would like to send you a Proposal for giving legal assistance, advice and representation to protect Client’s legitimate rights in this case. Our Scope of work is as follows:
PHASE 1. PREPARATORY WORK
Prepare memoranda explaining the U.S. Anti-Circumvention system as well as the exporter´s questionnaire. Meetings with Investigation officials to discuss specific issues regarding the response to the questionnaire. It will be necessary to prepare the powers of attorney and comply with the legal requirements according to the U.S. law for their validity. Review the determination of initiation and prepare comments on it. Request an extension of the deadline for submitting the response which is usually 10 business days.
PHASE 2: RESPONSE TO THE ANTI-CIRCUMVENTION QUESTIONNAIRE OF DOC
During this stage we will prepare the response of the questionnaires with the cooperation of Client, for that purpose we will require that the information sent to us be in Vietnamese and we can translate into English and the public versions of the responses and the submission of the response to the investigation authority, review the administrative record to analyze the evidence submitted in the petition as well as the arguments, obtain the translation of the documents to be filled accompanying the narrative response. Prepare documents accompanying the filing as well as any other documents necessary to be filed before the U.S. authorities. Also, if Client decides to participate in the injury side of the investigation we will prepare and file such arguments.
PHASE 3: PREPARATION OF ADDITIONAL ARGUMENTS AFTER THE PRELIMINARY DETERMINATION
During this stage of the proceeding, the investigating authority allows for additional information and evidence to be submitted. At this stage we will analyze the preliminary determination, prepare summary in English of the preliminary determination for the client, request and attend the technical meeting with the investigating authority, where the determination of the dumping margins is explained by the authority. We will prepare jointly and provide comments as local counsel on the preliminary determination, as well as on the additional arguments and evidence to be submitted. Prepare documents accompanying the filing as well as any other documents necessary to be filed before the U.S. authorities with the cooperation of Clients, prepare English and public versions. Review the administrative record for any additional arguments submitted by petitioners. Provide response to supplemental questionnaires, with the cooperation of Clients. In case a verification audit is ordered by the U.S. authorities we will help Clients prepare for such visit and participate in the visit which usually takes a whole week.
PHASE 4: PREPARING CASE BRIEFS AND APPEARING AT THE PUBLIC HEARING
Before issuing the final determination, the investigating authority holds a hearing. Only Attorney speaking English attorneys and experts may appear at the hearing (although simultaneous translation has been permitted in some past cases). We would prepare a brief jointly with the Client and appear at the hearing on behalf of Clients and provide written responses on questions that are made to us on such hearing as well as interrogate petitioners.
PHASE 5: PREPARING THE FINAL ARGUMENTS
Within 5 working days after the public hearing, the investigating authority accepts in writing the final arguments of all the parties. We would prepare the final arguments jointly with Clients and submit them to the investigating authority.
PHASE 6: POST FINAL DETERMINATION ACTIVITIES
At this stage the activities will be the analysis of the final determination, request and attend the technical meeting and prepare comments and in its case, grounds for a possible appeal.
The foregoing is all the scope of work we will assist Clients in working with the DOC throughout the process from initial consultation to preparation of preliminary Questionnaire until receipt of the final Determination from the DOC, which may take more than 1 year. In case that Client has hired a team of US Lawyers, with the advantage of understanding the financial accounting system, the operation of Vietnamese enterprises, and experience in working with international Lawyers in similar cases, we definitely can assist your US Lawyers with the goal of best protecting Vietnamese Enterprises.
Should Clients need any further assistance in this Anti-Circumvention Investigation, feel free to contact us:
ALB & PARTNERS LAW FIRM
Address: 32 Xo Viet Nghe Tinh Street, Ward 19, Binh Thanh District, HCM City, Vietnam
Phone: +84 907008722 (Attorney Steven Long)
Email: [email protected]