Trade Cases

Commerce finds Vietnam still a 'non-market economy', domestic steel interests cheer
Written by Ethan Bernard
August 2, 2024
The US Department of Commerce has announced its determination that Vietnam will keep its classification as a “non-market economy” (NME) country.
As a result, the methodology used for calculating US antidumping duties (ADs) on imports from the country will remain the same, Commerce said.
“Despite Vietnam’s substantive reforms made over the past 20 years, the extensive government involvement in Vietnam’s economy distorts Vietnamese prices and costs and ultimately render them unusable for the purpose of calculating US antidumping duties,” the department said in a statement on Friday.
“Commerce will continue to use market-based prices and costs from a country at a comparable level of economic development to Vietnam that produces comparable merchandise to calculate ADs,” the statement continued.
The department said it received more than 36,000 pages of comments from US domestic industries as well as the government of Vietnam. The determination was based on a “thorough evaluation” of all the comments collected.
Recall that Commerce said in October it would begin reviewing Vietnam’s NME status shortly after Vietnam filed an official request to be considered “a market economy.”
AISI, SMA respond
Kevin Dempsey, president and CEO of the American Iron and Steel Institute (AISI), earlier this year testified before Commerce on this issue. He applauded today’s decision.
“Granting market economy status to Vietnam was not justified by the facts – given the significant role of state-owned enterprises in the Vietnamese economy,” Dempsey said in statement.
He cited Vietnam’s role “in circumventing US trade law orders on goods from China and other countries, its continued currency manipulation, its ongoing export restrictions on steelmaking raw materials, and its other trade restrictive practices.”
Likewise, Philip K. Bell, president of the Steel Manufacturers Association (SMA), praised the decision.
“I think this confirms what most people already know is that Vietnam is nowhere near ready to become a market economy,” Bell told SMU.
He said the country still has state-controlled enterprises and close links to China’s government. “And they have a lot of work to do on their environmental, labor, and human rights issues.”
“So we want to thank Commerce for coming to a logical conclusion,” Bell said.

Ethan Bernard
Read more from Ethan BernardLatest in Trade Cases

Price on Trade: IEEPA tariffs head to the Supreme Court, DOJ ramps up trade enforcement
International trade law and policy remain a hot topic in Washington and beyond this week. We are paying special attention to the ongoing litigation of the president’s tariff policies and the administration’s efforts to heighten trade enforcement.

Mexico considers stiff tariffs for steel, autos, and other imports
Mexico is considering imposing steep tariffs on imports of steel, automobiles, and over 1,400 other products. Its target? Countries with which it does not have free trade agreements, mainly China, India, Thailand, and other South Asian nations.

Leibowitz: With ‘reciprocal’ tariffs struck down again in court, what happens next?
President Trump’s “reciprocal” tariffs under the International Emergency Economic Policy Act (IEEPA) were struck down again, this time on Aug. 29 by the Court of Appeals for the Federal Circuit (CAFC). The legal and policy mess continues, with the next stop being the US Supreme Court.

Market unfazed by US circuit court’s IEEPA decision
Repealing any reciprocal tariffs placed by President Donald Trump on US imports of direct reduced iron (DRI), iron ore, hot-briquetted iron (HBI), and pig iron would have only a nominal impact on the US steel market, market participants said.

ITC votes to keep HR duties after sunset review
The US government determined this week that hot-rolled steel imports from a handful of countries continue to threaten the domestic steel industry.