The Ministry of Industry and Commerce has issued an improvement of a new Guideline No.0464/MOIC.DFTP, dated 12 May 2020 in order to clarify the Articles 10, 11 and 18 of the Law on Anti-Dumping and Countervailing Measures, No. 65/NA, dated 14 June 2019. The details as follows:

1. Determination of normal price

If there are no similar goods in the domestic market of the exporter or the goods cannot be compared due to the specific market in the country of exporters or the number of goods less than five percent of the goods supplied to Lao PDR. In this case that can be referred to Article 10 as follows:

  • The price of similar goods which exported to third countries, if it is reasonable to believe that the price represents the market value of the exporter's country: Considering the quantity of export to the third country and other countries which have similar products as supplied to Laos. Otherwise, the authority team may consider their investigation that can be considered as additional factors as appropriate.
  • The calculation for the country of origin’s production costs plus administrative costs, distribution price and other costs, including current profits: The price should be calculated on the basis of the accounting records of the exporters or manufacturers. The records should be accepted by the accounting systems of the country of exporters which shows a reasonable price between the costs of production and distribution price.

2. Dumping rate calculation

There are three methods which can be calculated a difference between the normal price and the export price as in the same period as following:

  • Comparison between weighted average price and weighted average export price: In comparing the weighted average price and weighted average export price that the result of each time of a calculation which will be different by based on the differentiation of quantity and price each time.

The differentiation = weighted average price-weighted average export price

The weighted average price is calculated by multiplying a price of that weight then plus all the multiple of each price and weight and divided to the total weight:

The weighted average price =  [(Price 1 × Weight 1) + (Price 2 × Weight 2) + (Price 3 × Weight 3)] ÷ [(Weight 1 + Weight 2 + Weight 3)]

  • Comparison between the regular price and the export price of each trading transaction: comparing the normal price each transaction with domestic exporters and the cost of exporting transaction:

Differentiation = Normal cost of each transaction – exporting cost of each transaction

  • Comparison between weighted average costs and exporting costs of each trade transaction: In comparing when the exporting weight price is different with the buyer, region or period of export, which gives the average weighted average price for each transaction:

Differentiation = Normal Price Average Weighted - Export Price of each transaction

 

Guidelines to the Implementation of Articles 10, 11 and 18 of the Law on Anti-Dumping and Countervailing Measures, No.0464/MOIC.DFTP, dated 12 May 2020.

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