Ref.: Alert to Affirmative Preliminary Circumvention Rulings on Exports of Steel Products from Vietnam First Produced in Korea and Taiwan

The law firms of VCI Legal and Sidley Austin would like to present our best compliments to your company and bring your attention to an important legal matter for your esteemed company.

On 2 July 2019, the U.S. Department of Commerce announced three preliminary affirmative circumvention rulings involving exports of steel products from Vietnam.  The circumvention rulings cover certain steel products that are first produced in Korea and Taiwan, which are then shipped to Vietnam for minor processing, and finally exported to the United States as corrosion-resistant steel products (CORE) and cold-rolled steel (CRS).

As a result of the affirmative circumvention determinations, the U.S. Department of Commerce instructed the U.S. Customs and Border Protection to begin collecting cash deposits on imports of CORE and CRS produced in Vietnam using Korean- or Taiwanese-origin substrate.  These duties are now being imposed on imports or any unliquidated entries since 2 August 2018 (the date on which the U.S. Department of Commerce initiated these circumvention inquiries).  The applicable cash deposit rates will be as high as 456.23%, depending on the origin of the substrate and the type of steel product exported to the United States.

We realize that your company is one of the companies that might be subject to these rulings.  We, the law firms of VCI Legal and Sidley Austin would like to submit this proposal for legal representation of the exporters of the above products from the Socialist Republic of Vietnam.  We believe that this proposal provides a unique opportunity for your company to get the best and most efficient legal representation.

As a full-service business law firm with experiences in advising multinational and local companies in Vietnam in anti-dumping, trade remedies (inter alia Korea Eximbank, Bank SinoPac, Samsung, BlueScope Steel, Tata etc.), VCI Legal is pleased to assist you in these preliminary affirmative circumvention rulings.  Our services may include but not limited to:

  • developing an overall strategy to deal with the investigation, preparing position papers and filling in the information and questionnaires;
  • working with the U.S. Department of Commerce on your behalf to provide defending information; and
  • representing and acting on your behalf as your attorney-at-law and attorney-in-fact.

From the U.S. side, our partner, the U.S. law firm, Sidley Austin’s international practitioners are keenly aware of these issues and have experience working with them.  Our attorneys are also active in matters before the U.S. International Trade Commission and the U.S. Department of Commerce, including antidumping, countervailing duties and safeguard cases, and before the Office of the U.S. Trade Representative (USTR) in cases under the Generalized System of Preferences (GSP) and Section 301 of the Trade Act.  In fact, on the US side, the case of your company will be handled principally by senior partners with over 20 years’ experience in international trade and customs work.

As such, we trust a one-on-one meeting with you for a more detailed discussion at your earliest convenience would make sense for both sides.

We believe that we are able to provide a wide range of legal services to protect Vietnam exporters’ interest in international trading context. Please do not hesitate to contact us if any further clarification is needed.


This LBN newsletter are NOT legal advice. Readers are advised to retain a qualified lawyer, should they wish to seek legal advice. VCI Legal are certainly among those and happy to be retained, yet VCI Legal is not to be hold responsible should any reader choose to interpret/apply the regulations after reading this LBN without engaging a qualified lawyer.