Decision No. 715/QD-BCT 2020 extending application of the safeguard measures to imported DAP and MAP fertilizers

DECISION

On extending the application of the safeguard measures to imported DAP and MAP fertilizers

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THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Law on Foreign Trade Management 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 Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, missions, authority and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Decision No. 686/QD-BCT dated March 03, 2020 of the Minister of Industry and Trade on the application of the global safeguard measures to imported DAP and MAP fertilizers;

Pursuant to the Decision No. 2700/QD-BCT dated September 03, 2019 of the Minister of Industry and Trade on the final review of safeguard measures for imported DAP and MAP fertilizers;

Pursuant to the final Conclusion on safeguard measures for imported DAP and MAP fertilizers;

At the proposal of the Director General of the Trade Remedies Authority,

DECIDES:

Article 1.To extend the application of the safeguard measures to the 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 that imported into Vietnam with details specified in the Notice attached to this Decision.

Article 2.Orders and procedures for applying the safeguard measures shall comply with regulations of law on trade remedies for goods imported into Vietnam.

Article 3.This Decision takes effect on March 07, 2020.

Article 4.Chief Office of the Ministry, Director General of the Trade Remedies Authority and Heads of relevant units and parties shall be responsible for the implementation of this Decision./.

NOTICE

On extending the application of the safeguard measures to imported DAP and MAP fertilizers
(Attached to the Decision No. 715/QD-BCT dated March 03, 2020 of the Minister of Industry and Trade)

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Pursuant to the Law on Foreign Trade Management dated June 12, 2017 and 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, the Ministry of Industry and Trade notices the detailing contents on the extension of application of the safeguard measures to DAP and MAP fertilizers imported into Vietnam (case code ER01.SG06) as follows:

1. Basic information

On March 02, 2018, the Ministry of Industry and Trade issued the Decision No. 686/QD-BCT dated March 03, 2020 on the application of the global safeguard measures to DAP and MAP fertilizers imported into Vietnam.

On September 03, 2019, the Ministry Of Industry and Trade issued the Decision No. 2700/QD-BCT dated September 03, 2019 on the final review of safeguard measures for imported DAP and MAP fertilizers.

On February 24, 2020, the investigating agency completed the final Conclusion on safeguard measures for imported DAP and MAP fertilizers.

2. Imported goods that are subject to the safeguard measures

Imported goods subject to the safeguard measures are complex or mixed inorganic fertilizers of HS codes as follows: 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: Fertilizers contain one of the following ingredients shall be excluded from the scope of application of the official safeguard measures: Nitrogen (N) < 7%; P₂O₅< 30% and K₂O > 3%.

3. Tax rates and extension time of the application of the safeguard measures

4. The List of countries/territories with negligible import volume exempted from the application of safeguard measures

The List of developing countries/territories exempted from the application of safeguard measures is listed in the Appendix attached to this Notice. In case the import volume from one developing country/territory specified in this Appendix is more than 3% of the total import volume of Vietnam or the total import volume from the developing countries/territories specified in the above mentioned List is more than 9% of the total import volume of Vietnam, the Ministry of Industry and Trade shall promulgate the Decision on amending and supplementing such Appendix.

For the importing organizations and individuals, in order to be exempted from the safeguard measures according to the above mentioned regulations, apart from papers as prescribed by the customs agencies and specialized authorities, when importing goods, such organizations and individuals must provide to the customs agencies the Certificate of Origin in compliance with current regulations, which clearly states the imported goods originating from the countries/territories named in the List in the Appendix of this Notice.

5. Exemption from the safeguard measures

In case organizations and individuals that import fertilizers believe that their imported goods meet regulations on the scope of exemption from the safeguard measures as prescribed in Article 10 of the Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Ministry of Industry and Trade on detailing a number of provisions on trade remedies, such importing organizations and individuals are entitled submit the requests for exemption from application of safeguard measures to the Trade Remedies Authority - Ministry of Industry and Trade. Procedures for submitting application for the exemption shall base on the Circular No. 37/2019/TT-BCT.

6. Contact information

Information about the Decision and Notice on the extension of application of the official safeguard measures for DAP and MAP fertilizers and the Conclusion of the final review (the public one) shall be accessed at the web portal of the Ministry of Industry and Trade (http://www.moit.gov.vn) and the Trade Remedies Authority - Ministry of Industry and Trade (http://www.pvtm.gov.vn/;http://www.trav.gov.vn).

All information should be sent to:

The Division of Investigation of damage and safeguard

The Trade Remedies Authority - Ministry of Industry and Trade

Address: No. 25, Ngo Quyen Street, Hoan Kiem District, Hanoi Capital, Vietnam

Phone number: (+84 24) 7303.7898 (128)

Fax: (+84 24) 7303.7897

Email:[email protected];[email protected].

APPENDIX

(Attached to the Notice issued together with the Decision No. 715/QD-BCT dated March 03, 2020 of the Minister of Industry and Trade)

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LIST OF DEVELOPING COUNTRIES/TERRITORIES EXEMPTED FROM THE SAFEGUARD MEASURES

1. Sub Saharan Africa - Africa

2. Asia - Pacific

3. Europe and Central Asia

4. Latin America and the Caribbean

5. Middle East and North Africa

6. South Asia