Vietnam Wires Sneak Past China Tariffs, Feds Crack Down
Published Date: 1/27/2025
Notice
Summary
The U.S. Department of Commerce says aluminum wire and cable made in Vietnam using parts from China aren’t covered by the current trade duties on Chinese products. However, they also found that some of these imports are sneaking around the rules, which means extra checks and possible penalties could come. This decision kicks in on January 27, 2025, affecting importers and manufacturers dealing with these products.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 3 costs, 1 mixed.
Vietnam AWC Treated as Circumventing Orders
Commerce determined that aluminum wire and cable (AWC) completed in Vietnam using Chinese-origin AWC inputs are circumventing the antidumping and countervailing duty orders on AWC from China. As a result, that Vietnam-origin merchandise is included within the scope of the AD/CVD orders effective January 27, 2025, and is treated as subject to those orders.
Suspension & Cash Deposits for AWC Entries
Commerce directed U.S. Customs and Border Protection (CBP) to suspend liquidation and require cash deposits on unliquidated entries of AWC completed in Vietnam using Chinese-origin aluminum rod, wire, or strand that were entered or withdrawn for consumption on or after October 19, 2023. The antidumping cash deposit rate for such suspended entries is 52.79 percent (China-wide) and the countervailing duty cash deposit rate is 33.44 percent (all-others).
Tanghenam Barred From Certifying; Duties Applied
Commerce applied adverse facts available to Tanghenam and is precluding Tanghenam from participating in the certification program. For all entries produced or exported by Tanghenam, CBP will suspend liquidation and require cash deposits at the China-wide AD rate (52.79 percent) and the all-others CVD rate (33.44 percent).
Certification Process to Avoid Duties
Importers and exporters can avoid suspension of liquidation and cash deposit requirements for specific AWC entries if they meet the new certification requirements in Appendix IV. Importer certifications must be completed, signed, and dated by the time the entry summary is filed; exporter certifications must be completed by time of shipment. Certifying parties must retain supporting documentation until the later of five years after the latest entry date or three years after final court litigation.
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