Tải bản đầy đủ - 83trang
Overview of the ECs anti-dumping petition
competitors who do not enjoy similar favorable conditions. As the EC data, since 1996, Vietnam has ranked third largest in footwear exported to the EU,
after China and Indonesia. Europes colder climate and weather characteristics create high demand for leather footwear.
At present, Vietnam ranks second after China in terms of footwear export earnings. The European Union is the industrys primary market, accounting for
59 of Vietnams total annual footwear export. Moreover, the footwear industry also generates Vietnams largest export to the EU. Vietnams total
export revenue to the EU was 5.51 billion in 2005, of which 2.1 billion was from the footwear industry. This amounted to 38 of Vietnams total annual
exports to the trade bloc. Among the EU member nations, the United Kingdom, Germany, Belgium, France and the Netherlands are the main
importers of Vietnamese footwear.
In the coming years, the EU will likely to continue to be the dominant market for Vietnams footwear. Vietnam also eyes revenue of over 4.7 billion
dollars for footwear exported to the EU in 2010, accounting for more than 7.5 percent of the blocks total footwear import turnover in the year.
2.2. Overview of the ECs anti-dumping petition
On May 30, 2005, the European Confederation of Footwear Producers CEC, which represents EC footwear producers with combined market share
of more than 40 in upper leather footwear, field a petition with the European Commission requesting an anti-dumping investigation into 33 types of
footwear with leather uppers from Vietnam and China. The CEC alleged that Vietnam and China exported footwear products to the European market at
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prices lower than the normal cost, causing injury to EU leather footwear industry.
In July 7, the EC official launched the anti-dumping investigation of leather uppers footwear importing from Vietnam and China. According to law,
the EC will investigate Vietnam and China to determine whether or not producers followed market economy conditions in the process of production
and sales. From that point, investigators will consider production costs to decide if the products have indeed been dumped. The criteria for market
economy conditions mainly focus on the following:
- Business and financial decisions have been made without Government interference.
- Accounting vouchers are independently audited according to international accounting standards IAS and are applicable for all purposes
- Business orientation is not in line with planned or subsidized economy
- Business adheres to Bankruptcy Law and Asset Law
- Currency flow must be at market rates
During the investigation, inspectors selected Brazil as the reference country in order to determine standard cost and price when calculating the
normal cost for Vietnam and China.
From September 22 to October 14, 2005, the EC selected eight Vietnamese enterprises as a sample for investigation
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On November 23, 2005, the EC concluded that none of the eight enterprises in the survey met the criteria for market economy as regulated by
the EC law.
Although the EC could not identify absolutely whether export prices were lower than normal cost, enterprises in the study were denied market
economy treatment based on government participation in the form of low interest rates, regulated land prices, and tax preference.
On February 23, 2006, EC announced the time schedule the EC imposed provisional duties on imports footwear with leather uppers originating in
Vietnam. According to that, on April 7, 2006, the duties were 4.2; 8.4 from June 2, 2006; 12.6 from July 17, 2006; and finally 16.8 from
September, 2006. After September, 2006, EC will make a final decision on the case.
On October 6, 2006, the EU has officially imposed an anti-dumping duty of 10 on Vietnamese upper leather footwear.
2.3. The petitioners arguments