Decision 235/QD-BCT 2023 official anti-dumping measures to table and chair products from China

DECISION

On application of official anti-dumping measures to a number of table and chair products from the People's Republic of China, and termination of the investigation for application of anti-dumping measures to a number of table and chair products from Malaysia

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THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14 dated June 12, 2017;

Pursuant to the Government's Decree No. 10/2018/ND-CP dated January 15, 2018, on detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies;

Pursuant to the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT dated November 29, 2019, detailing a number of provisions on trade remedies;

Pursuant to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Minister of Industry and Trade’s Decision No. 2639/QD-BCT dated December 2, 2022, defining the functions, tasks, powers and organizational structure of the Trade Remedies Authority of Vietnam;

Pursuant to the Minister of Industry and Trade’s Decision No. 2091/QD-BCT dated September 1, 2021, on investigation for application of anti-dumping measures to a number of table and chair products originating from the People's Republic of China and Malaysia;

Pursuant to the Minister of Industry and Trade’s Decision No. 1621/QD-BCT dated August 15, 2022, on extension of the duration of investigation for application of anti-dumping measures to a number of table and chair products originating from the People's Republic of China and Malaysia;

Pursuant to the Minister of Industry and Trade’s Decision No. 1991/QD-BCT dated September 30, 2022, on application of provisional anti-dumping measures to a number of table and chair products originating from the People's Republic of China and Malaysia;

Pursuant to the Minister of Industry and Trade’s Decision No.  2958/QD-BCT dated December 30, 2022, amending and supplementing the Minister of Industry and Trade's Decision No. 1991/QD-BCT dated September 30, 2022, on application of provisional anti-dumping measures to a number of table and chair products originating from the People's Republic of China and Malaysia;

At the proposal of the Director General of the Trade Remedies Authority of Vietnam.

DECIDES:

Article 1. To impose official anti-dumping duties on a number of table and chair products, classified according to the following HS codes:  9401.31.00, 9401.39.00, 9401.41.00, 9401.49.00, 9401.61.00, 9401.69.90, 9401.71.00, 9401.79.90, 9401.80.00, 9403.30.00, from the People's Republic of China (case code: AD16). Details are specified in the Notice to this Decision.

Article 2. To terminate the investigation for application of anti-dumping measures and not impose anti-dumping duties on a number of table and chair products from Malaysia. Details are specified in the Notice to this Decision.

Article 3. This Decision takes effect from February 13, 2023.

Article 4. The Chief of the Ministry's Office, the Director General of the Trade Remedies Authority of Vietnam and heads of concerned units and parties shall implement this Decision./.

NOTICE

On application of official anti-dumping duties to a number of table and chair products from the People's Republic of China

(Attached to the Minister of Industry and Trade’s Decision No. 235/QD-BCT dated February 13, 2023)

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1. Goods subject to official anti-dumping duties

Goods subject to official anti-dumping duties (ADD) include a number of table and chair products from the People's Republic of China (hereinafter referred to as China).

1.1. Table products

a) Name and basic characteristics

Table products subject to official ADD includes fully assembled tables and unassembled tables. The definition of "unassembled" means that the parts of the table are separated, and require the assembly of parts such as table legs, table tops to create the finished product. The finished product means a table that has been or will be assembled with other parts for immediate use or a table that may be assembled with additional parts such as drawers, shelves, etc.

Aforesaid table products must have the following characteristics:

- Tabletop is made of MDF, HDF, LDF, Plywood, particle board (industrial wood), surface covered with melanin, glued with paper, covered with varnish or laminate.

- Table legs are made of industrial wood or metal.

The table has the following dimensions:

Ÿ Length: from 990mm to 3,210mm;

Ÿ Width: from 590mm to 1,410mm;

Ÿ Tabletop thickness (including coating): from 12mm to 85mm.

Ÿ Height from ground to top of tabletop: from 675mm to 770mm.

For a modular table, the above dimensions are applied to a single table before being assembled.

b) HS code and applicable import duty rates

Table product subject to official ADD is classified according to the following HS code: 9403.30.00.

The Ministry of Industry and Trade may amend and supplement the List of HS codes of goods subject to official ADD to conform to the description of the investigated goods and other changes (if any).

c) Goods exempted from official ADD

Table products satisfying one of the following conditions shall be exempted from official ADD:

- Table products with characteristics different from the descriptions stated in the section “scope of table products subject to ADD”

- Round tabletop;

- Table legs or tabletop are made entirely from natural wood;

- Table legs or tabletop are made entirely of plastic material;

- Tables made entirely or with at least one main part (table legs, tabletops, table frames) made of rattan, wicker, bamboo or similar materials;

- The table has the function of adjusting the tabletop height with the minimum height difference between the highest and the lowest from the ground to the top of the table of at least 95mm;

- Individual parts of a table other than a group of parts, are packaged together so that they can be assembled into a complete table on site;

- Tables with sizes different from the sizes of the table products mentioned in Section 1.1 (a) above.

1.2. Chair products

a) Name and basic characteristics

Chair products subject to official ADD are swivel or non-swivel chairs, height-adjustable or non-height-adjustable, reclining or non-reclining, whether or not convertible into beds, in the form of fully assembled or packaged as chair parts that come together for assembly on site.

For chair products that are not height adjustable and have a fixed seat surface: The height from the ground to the top of the seat surface at the lowest position of the seat surface is from above 450mm to less than 600mm.

For products with a non-fixed seat surface (automatically turns over when not in use): The height from the ground to the top of the seat surface at the lowest position of the seat surface in the use state is from above 450mm to less than 600mm.

b) HS code and applicable import duty rates

Chair product subject to official ADD is classified according to the following HS code: 9401.31.00, 9401.39.00, 9401.41.00, 9401.49.00, 9401.61.00, 9401.69.90, 9401.71.00, 9401.79.90, 9401.80.00.

The Ministry of Industry and Trade may amend and supplement the List of HS codes of goods subject to official ADD to conform to the description of the investigated goods and other changes (if any).

The Ministry of Industry and Trade may amend and supplement the List of HS codes of goods subject to official ADD to conform to the description of the investigated goods and other changes (if any).

c) Goods exempted from official ADD

Chair products satisfying one of the following conditions shall be exempted from official ADD:

- Chair products with characteristics different from the descriptions stated in the section “scope of chair products subject to ADD”;

- Chairs entirely made of plastic materials;

- Chairs made entirely of, or with at least one main part (seat surfaces, under seat covers, chair backs, chair legs, table frames) made of, rattan, wicker, bamboo or similar materials;

- Chair legs made of aluminum materials;

- Individual parts of a chair other than a group of parts, are packaged together so that they can be assembled into a complete chair on site;

- The maximum height from ground to top of the seat surface (at the lowest position of the seat surface) of the chair with variable height adjustments is 600mm or higher.

2. Final conclusion

Final conclusion of the investigation agency determines that:

(i) there is the behavior of dumping of the investigated imports from China and Malaysia;

(ii) the amount of goods subject to investigation for dumping imported from Malaysia during the investigation period is insignificant (less than 3%) compared to the total import volume;

(iii) the domestic industry is suffering significant damage; and

(iv) there is a causal relationship between the import of dumped goods from China and significant injury to the domestic industry

Accordingly, the Ministry of Industry and Trade decides to impose an official ADD on a number of table and chair products from China and terminate the investigation and application of anti-dumping measures on a number of table and chair products from Malaysia.

3. Official ADD rates

4. Effect and application duration of official ADD

a) Effect

Official ADD takes effect from the effective date of the Decision on imposition of official ADD.

b) Duration of application

Official ADD shall be imposed for 05 (five) years from the effective date of the Decision on imposition of official ADD (unless otherwise changed or extended under another Decision of the Minister of Industry and Trade).

5. Procedures, dossiers and imposition of official ADD

To have a ground for determining whether the imports are subject to ADD or not, the customs office shall check the imports’ proofs of origin. Proofs of origin include:

a) Certificate of Origin (C/O); or

b) Origin declaration in conformity with regulations specified in:

- The Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

- The Regional Comprehensive Economic Partnership;

- The Free Trade Agreement between the European Union and the Socialist Republic of Vietnam;

- The Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland; or

- The ASEAN Trade in Goods Agreement.

Contents of inspection are prescribed as follows:

- Case 1: If the customs declarant submits proofs of origin from a country or territory other than China, he/she shall not be liable for official ADD.

- Case 2: For other cases, the official ADD rates to be imposed as follows:

+ 35.20%, for table products;

+ 21.40%, for chair products.

6. Refund of provisional anti-dumping duties

Organizations and individuals importing goods not subject to official ADD under this Decision shall have their provisional ADD (which were paid under Decision No. 1991/QD-BCT dated September 30, 2022, and Decision No. 2958/QD-BCT dated December 30, 2022) refunded in accordance with law provisions.

7. The next orders and procedures

Pursuant to Point b Clause 1 Article 16 of the Minister of Industry and Trade's Circular No. 37/2019/TT-BCT dated November 29, 2019, the investigation agency shall notify the receipt of application dossiers for exemption after the Ministry of Industry and Trade issues a decision on application of official anti-dumping measures.