Decision No. 3044/QD-BCT dated August 04, 2017 of the Ministry of Industry and Trade on application of provisional safeguard measures

THEMINISTRY OF INDUSTRY AND TRADE 

Decision No.3044/QD-BCTdated August 04, 2017 of the Ministry of Industry and Trade onapplication of provisional safeguard measures

Pursuant to the Ordinance No. 42/2002/PL-UBTVQH10 dated May 25, 2002 of the Standing Committee of the National Assembly on safeguardsagainstimportsof foreign goods into Vietnam;

Pursuant to the Government’s Decree No. 150/2003/ND-CP dated December 08, 2003 detailing the implementation of the Ordinance on safeguardsagainst importsof foreign goods into Vietnam;

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

Pursuant to the Decision No. 848/QD-BCT dated February 05, 2013 of the Minister of Industry and Trade defining functions, tasks, powers and organizational structure of the Vietnam Competition Authority (VCA);

At the request of the Director General of the Vietnam Competition Authority,

DECIDES:

Article1.Provisional safeguard measures shall be applied to the imports of DAP and MAP fertilizers with the HS codes:3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00 from different countries/territories into Vietnam withdetailedcontentsprovidedin the Notice enclosedwiththis Decision.

Article 2.Procedures for applying provisional safeguard measures shall comply with the law on safeguards against imports of foreign goods into Vietnam.

Article 3.ThisDecisiontakeseffect after 15 days as of the signing date.

Article 4.The General Director of Vietnam Competition Authority,Chief of the Ministry Office and Heads of relevant units/partiesshall implementthis Decision.

The Minister

Tran Tuan Anh

NOTICE

ONTHEAPPLICATIONOF PROVISIONAL SAFEGUARD MEASURES
(To attachedwith theDecision No.3044/QD-BCT datedAugust04, 2017of the Minister of Industry and Trade)

The Ministry of Industry and Tradeherebyannouncesdetailed contents of application ofprovisional safeguard measurestothe importsofDAP and MAP fertilizerswith HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00  into Vietnam(Case No. SG06). To be specific:

1. Imports towhich provisional safeguard measures are applied

The imports towhich provisional safeguard measures are appliedare complex or compound inorganic fertilizers with the following HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

Note: the fertilizers that have one of the components with the following contents shall not apply provisional safeguard measures: Nitrogen (N) < 7%;Phosphorus pentoxide (P₂O₅) < 30%and Potassium(K₂O) > 3%.

2.Provisional duty rate and duration ofprovisional safeguard measures

a) Pursuant to Article 20 of the Ordinance No.42/2002/PL-UBTVQH10 on safeguardsagainstimportsof foreign goods into Vietnam(the Ordinance No. 42/2002), the Ministry of Trade shall applyprovisional safeguard measuresin theform of import surcharges on imports into Vietnam.The provisionalsafeguardduty rate is 1,855,790 VND per ton.

b) The provisional safeguard measures shall take effect after 15 days from the date on which the Ministry of Industry and Trade decides to apply provisional safeguard measures; in other words, from August 19, 2017.

c) Provisional safeguard measures shall apply for up to 200 days as of its effective date.

d)Provisional safeguard measures shallexpire in the following cases:

•After March 06, 2018; or

• Theissuance of Decision on application of officialsafeguard measuresbyMinistry of Industry and Trade.

e)  Pursuant to Clause 7, Article 20 of the Ordinance No.42/2002in the cases where the final decision issued by the Minister of Industry and Trade defines that the application of provisional safeguard measures is no longer necessary or the last safeguard duty rate is lower than the applied safeguard duty rate, the duty difference shall be returned to the taxpayers as prescribed by law.

3. Countries/territories exempted from provisional safeguard measures

a)Pursuant to Article 13 of the Government’s Decree No. 150/2003/ND-CP dated December 08, 2003elaboratingthe implementation of the Ordinance on safeguardsagainstimportsof foreign goods into Vietnam, provisional safeguard measures shall beapplied to theproducts imported from all countries/territories to Vietnam, except for developing countries countries whoseimportsto Vietnamaccount for no more than3% ofthetotalimports of productconcerned.  A list of countries/territories that are exempted from provisional safeguard measures isprovidedin theAppendixenclosed withthis Notice.

b) In order to be exempted from provisional safeguard measures as stated above, an importer must provide the customs authorities with following documents:

-TheCertificate of Originwhich specifies thatimports originate incountries/territories stated in theAppendixof this Notice. The regulations on Certificate of Origin shall be consistent with Clause 4, Article 3 of the Decree No.19/2006/ND-CPdated February 20, 2006 elaborating the Commercial Law on origin of goods of shipments and the Circular No.08/2006/TT-BTMdated April 17, 2006 of the Ministry of Trade (now the Ministry of Industry and Trade).

- The Test Certificate issued by the manufacturer whosebusiness are conductedin countries/territories stated in theAppendixof this Notice.

4.Conditionsforapplication ofprovisional safeguard measures

According to the figures of imports of DAP and MAP fertilizers and evidence of injury to domestic industry, the investigation authority must determine the existence of a causal link between relatively increased imports of DAP and MAP fertilizers to Vietnam compared to these of domestic industry and serious injury to the domestic industry(see the detailed analysis and assessment provided in preliminary determination of the case).

5. Subsequent proceduresfor application of provisional safeguard measures

a) After the Ministry of Industry and Trade reaches a preliminary determination ofinvestigationand issues a decision on application of provisional safeguard measures, relevant parties may express their opinions on the issues concerning scope of products, preliminary determination of the case and other concerning issues. This is a key ground for the Ministry of Industry and Trade to consider before bringing the case to a conclusion. The opinions shall be sent to theVietnam Competition Authorityaffiliated to the Ministry of Industry and Trade before the end of the officialinvestigationof the case. Theinvestigationinto the case shall end onNovember 12, 2017(theinvestigationperiod may be extended for an extra 2 months).

b) Before bringing the case into a conclusion, the Ministry of Industry and Trade shall continue to work with relevant parties to collect more evidence and documents for a general assessment of the case.The investigation authority shall conduct a public hearing withinterested partiesbefore the investigation comes to an end. Time of the public hearing shall be informed tointerestedpartiesat least30 days before such public hearing takes place. Interestedpartiesshallsend letters of registration for participationin the public hearing to the investigation authorityat least10 days before thedate on whichsuch public hearingtakes place. The letters shall specifyquestionable matters and written arguments.

Interestedparties may be absent from the public hearing.If either party is absent from the public hearing, such party’s benefits are stillprotected as prescribe by law.

6. Contact information

The information about the decision on application of provisional safeguard measurestothe import ofDAP and MAP fertilizers and preliminary determination of investigation (the public one) is available at the website of the Ministry of Industry and Trade (http://www.moit.gov.vn) and the website of the Vietnam Competition Authority (http://www.qlct.gov.vn).

Contact:

The Trade Remedies Investigation Division

TheVietnam Competition Authority - the Ministry of Industry and Trade

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

Officials in charge:

-Mr. Nguyen Huu Truong Hung -Email: [email protected]

Tel.:(+84 4) 222.05018.

-Ms. Phan Mai Quynh -Email: [email protected]

Tel.:(+84 4) 222.05002 (Ext.1039).

APPENDIX

(Enclosed with theNotice of theDecision No.    /QD-BCT dated August 04, 2017 of the Minister of Industry and Trade)

LIST OFCOUNTRIES/TERRITORIES EXEMPTED FROMOFFICIALSAFEGUARD MEASURES

1. Sub-Saharan Africa

2. Asia Pacific

3. Europe and Central Asia

4. Latin America and Caribbean

5. Middle East and North Africa

6. South Asia