Decision No. 1105/QD-BCT dated March 30, 2017 of the Ministry Of Industry And Trade on implementation of official anti-dumping measures against imported plated steel products

THE MINISTRY OF INDUSTRY AND TRADE

DecisionNo. 1105/QD-BCT dated March 30, 2017 of the Ministry Of Industry And Trade on implementation of official anti-dumping measures against imported plated steel products

Pursuant to the Ordinance on Anti-dumping No. 20/2004/PL-UBTVQH11 dated April 29, 2004 of the Standing Committee of the National Assembly on anti-dumping of imports into Vietnam;

Pursuant to the Government’s Decree No. 90/2005/ND-CP dated July 11, 2005 providing guidelines for the Ordinance on Anti-dumping of imports into Vietnam;

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of the Director of Vietnam Competition Authority;

DECIDES:

Article 1.Official anti-dumping measures shall be applied to plated steel imported into Vietnam bearing the following HS codes: 7210.41.11; 7210.41.12; 7210.41.19; 7210.49.11; 7210.49.12; 7210.49.13; 7210.49.19; 7210.50.00; 7210.61.11; 7210.61.12; 7210.61.19; 7210.69.11; 7210.69.12; 7210.69.19; 7210.90.10; 7210.90.90; 7212.30.10; 7212.30.20; 7212.30.91; 7212.30.99; 7212.50.11; 7212.50.12; 7212.50.19; 7212.50.21; 7212.50.22; 7212.50.29; 7212.50.91; 7212.50.92; 7212.50.99; 7212.60.10; 7212.60.20; 7212.60.90; 7225.92.90; 7226.99.11; 7226.99.91 from the People’s Republic of China (including Hong Kong) and Korea (case AD02). Details are provided in the Announcement enclosed herewith.

Article 2.Procedures for implementation of official anti-dumping measures shall be governed by the law on anti-dumping actions against imports into Vietnam and the laws on import tariff.

Article 3.This Decision takes effect after 15 days since the signing date.

Article 4.The Director of Vietnam Competition Authority, Chief of the Ministry’s Office, and heads of relevant agencies and units shall be responsible for implementing this Decision./.

The Minister
Tran Tuan Anh

ANNOUNCEMENT

IMPLEMENTATION OF OFFICIAL ANTI-DUMPING MEASURES
(Enclosed with the Decision No. 1105/QD-BCT dated March 30, 2017 of the Minister of Industry and Trade)

Pursuant to the Ordinance on Anti-dumping No. 20/2004/PL-UBTVQH11 and the Government s Decree No. 90/2005/ND-CP , the Ministry of Industry and Trade hereby announce implementation of official anti-dumping measures against plated steel imported from the People’s Republic of China (including Hong Kong) and Korea (Case AD02).

1.Basic information

On March 03, 2016, the Ministry of Industry and Trade issued the Decision No. 818/QD-BCT on investigation into implementation of anti-dumping measures against plated steel products imported into Vietnam from China (including Hong Kong) and Korea.

On September 01, 2016, the Ministry of Industry and Trade issued the Decision No. 3584/QD-BCT on implementation of provisional anti-dumping measures for a period of 120 days.

On March 03, 2017, the investigating authority (the Vietnam Competition Authority) has announced the final determination in the anti-dumping investigation and transferred all documents concerning the case to the Anti-dumping and Countervailing Council.

On March 21, 2017, pursuant to Article 39 of the Decree No.90/2005/ND-CP, the Anti-dumping and Countervailing Council held a discussion meeting and simultaneously carried out a poll on the final determination announced by the investigating authority in which participants commonly agreed on the following contents:

(1) Dumping occurs in Vietnam;

(2) Domestic production suffers material injury;

(3) There is a relationship between dumping and material injury to domestic production.

2.Imports on which anti-dumping duty is imposed

Imports on which anti-dumping duty is imposed are plated steel products, including flat-rolled carbonate steel, in rolls and not in rolls, containing by weight 0.6% or more of carbon, coated or plated with anti-corrosion metal such as zinc or aluminum or ferrous alloy using any method for coating ferrous alloy with zinc, regardless of thickness and width.

These products bear the following HS codes:7210.41.11; 7210.41.12; 7210.41.19; 7210.49.11; 7210.49.12; 7210.49.13; 7210.49.19; 7210.50.00; 7210.61.11; 7210.61.12; 7210.61.19; 7210.69.11; 7210.69.12; 7210.69.19; 7210.90.10; 7210.90.90; 7212.30.10; 7212.30.20; 7212.30.91; 7212.30.99; 7212.50.11; 7212.50.12; 7212.50.19; 7212.50.21; 7212.50.22; 7212.50.29; 7212.50.91; 7212.50.92; 7212.50.99; 7212.60.10; 7212.60.20; 7212.60.90; 7225.92.90; 7226.99.11; 7226.99.91 (totally 35 HS codes).

Basic characteristics:Plated steel, coated with metal, able to resist corrosion with great adhesion and malleability. The anti-corrosion ability and other useful abilities of steel are enhanced by an appropriate ratio by weight of carbon and other elements.

Primary uses:Plated steel is used as building materials, for manufacture of automobile parts, partitions, fridge back-frames, computer chassis, ventilation ducts, air conditioner backplates, glazed metal, pipes, lashing belts, furniture, doors, sliders, etc.

Plated steel can also be used as background material for pre-painted galvanized iron (PPGI). Plated steel can be used in various circumstances depending on clients’ quality requirement, physical properties, class and uses of products.

Origin of imports:Merchandise on which anti-dumping duty is imposed is imported from or originated in China (including Hong Kong) and Korea.

3. Official anti-dumping duty

According to the final determination given by the investigating authority and proposals of the Anti-dumping and Countervailing Council, the Ministry of Industry and Trade hereby decides to impose official anti-dumping duty on foreign producers/ exporters as follows:

Table 3.1: Official anti-dumping duty rates

Pursuant to this Decision, the anti-dumping duty shall be applied to producers/ exporters that are located in the above-mentioned countries/ territories and carry out direct or indirect export of the subject merchandise through trade companies to Vietnam.

Anti-dumping duty rates applied in specific cases:

3.1. In case a Certificate of Origin (C/O) showing that the merchandise originates from China, Hong Kong or Korea:

If the producer (as identified in the Sales Contract) is one of the producers/ exporters or trade companies mentioned in Column 2 or Column 3 of Table 3.1, the importer is required to submit the Mill-test Certificate or similar documents showing the name of the producer (hereinafter referred to as “Certificate of Producer”):

(i) If the Certificate of Producer shows that the producer is one of the producers/ exporters mentioned in Column 2 of Table 3.1, the corresponding anti-dumping duty rate mentioned in Column 4 of Table 3.1 shall be applied.

(ii) If the Certificate of Producer shows that the producer is none of the producers/ exporters mentioned in Column 2 of Table 3.1, the corresponding anti-dumping duty rate applied to other producers/ exporters of China (including Hong Kong) or Korea shall be applied. To be specific: The anti-dumping duty rate applied to other producers/ exporters of China (including Hong Kong) is 38.34%; the anti-dumping duty rate applied to other producers/ exporters of Korea is 19.00%.

(iii) If the importer cannot present the Certificate of Producer, the anti-dumping duty rate shall be applied under provisions of Section (ii).

3.2. In case a Certificate of Origin (C/O) showing that the merchandise originates from other countries/ territories:

If C/O shows that the merchandise is produced in a country or territory other than China, Hong Kong or Korea, the anti-dumping duty rate shall not imposed on this merchandise.

3.3. In case C/O is unavailable

If an importer cannot present an appropriate C/O proving the origin of the imported merchandise, the highest anti-dumping duty rate, i.e. 38.34%, shall be applied.

4.Period of official anti-dumping measures

The anti-dumping duties shall be applied within a period of 05 years from the date on which this Decision comes into force.

After one year from the date on which this Decision comes into force, interested parties are entitled to petition for anti-dumping duty review in accordance with Article 24 of the Ordinance No.20/2004/PL-UBTVQH11.

The period of anti-dumping duty may be extended in compliance with the regulations stated in Chapter IV of the Ordinance No. 20/2004/PL-UBTVQH11.

5.Anti-dumping duty difference

Pursuant to Article 23 of the Ordinance No. 20/2004/PL-UBTVQH11:

- If the anti-dumping duty difference at the Column (3) of Table 5.1 is lower than zero, enterprises shall be refunded an excess amount in proportion to the difference in anti-dumping duty that they have paid.

- If the anti-dumping duty difference at the Column (3) of Table 5.1 is higher than or equal to zero, enterprises will not have to pay any amount for the difference in anti-dumping duty.

Table 5.1: Difference between provisional anti-dumping duty rates and the official ones

6.Subsequent procedures

After the official anti-dumping measures are put into effect, the General Department of Customs shall apply anti-dumping duty to the subject merchandise from producers/exporters in subject countries/territories. The specific anti-dumping duty rates are specified in Section 3 of this document

If any importer confirms that imported products that are arranged into HS codes mentioned in Section 2 but are not goods that need to be investigated, they are advised to petition for review within the time limit for the first review on the case. Further information can be found by contacting the Vietnam Competition Authority affiliated to the Ministry of Industry and Trade.

7.Contact

Information about the decision on application of official anti-dumping measures against the subject merchandise can be found by visiting the website of the Ministry of Industry and Trade(http://www.moit.gov.vn) and the Vietnam Competition Authority (http://www.vca.gov.vnorhttp://www.qlct.gov.vn).

If interested parties have any enquiry or any petition for the case, please contact us at:

Investigation office for domestic enterprises lawsuits over trade remedies - Vietnam Competition Authority - Ministry of Industry and Trade

Address: 25 Ngo Quyen Street, Hoan Kiem District, Hanoi City, Vietnam

Telephone: (+84 4) 222.05002 (Ext. 1039) or (+84 4) 222.05018

Investigator in charge:

Nguyen Thi Nguyet Nga:[email protected]

Vu Quynh Giao:[email protected]