Tải bản đầy đủ - 83trang
Individual treatment Legal environment and currency exchange
The fourth and fifth criteria were found to be met by each of the eight companies.
2.3.2. Individual treatment
The EU basic regulation also provides for individual treatment of companies in certain non-market economies whose decisions regarding
exports are considered not to be distorted by state intervention. In order to be granted individual treatment the applicant will have to show that it fulfils the
following criteria: in the case of wooly or partly foreign owed firms or joint ventures, exporters are free to repatriate capital and profits; export prices and
quantities, and conditions and terms of sale are freely determined; the majority of the shares belong to private persons. State officials appearing on the board
of Directors or holding key management positions shall either be in minority or it must be demonstrated that the company is nonetheless sufficiently
independent from state interference; exchange rate conversions are carried out at the market rate; State interference is not such as to permit circumvention of
measures if individual exporters are given different rates of duty.
As far as Vietnam is concerned, the exporting producers who requested MET also claimed IT in the event that they would not to be granted MET. On
the basis of the information available, it was found that these companies did not meet all the requirements for IT. In particular, it was established that for
four companies, the export sales quantities were not freely determined by the company, but were fixed in the companys business license. For the two 100
State-owned companies, it was considered that they failed to demonstrate that appropriate measures were taken to prevent State interference. for the two
remaining companies, it was considered that they linked to a third company
Le Thanh Hai - A4 - BBE - K41 46
which did not fulfill the requirements for IT as set in EUs regulation for reasons of export sales restrictions and State involvement in its internal
structure and decision-making process. As there would be a risk of circumvention were different duty rates to be applied to these thee related
companies, IT could not be granted to the former two companies.
2.3.3. Vietnams selling under the normal value