Decision No. 880/QD-BCT 2020 anti-dumping duties on some plastic products originating from China

DECISION

On imposing provisional anti-dumping duties on some plastic products and plastic products made from polymers of propylene originating from the People s Republic of China, the Kingdom of Thailand and 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 Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Minister of Industry and Trade’s Circular No. 06/2018/TT-BCT dated April 20, 2018 on detailing a number of provisions on trade remedies;

Pursuant to the Minister of Industry and Trade’s Decision No. 3752/QD-BCT dated October 02, 2017 on 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. 2334/QD-BCT dated August 05, 2019 on deciding to investigate and impose measures for dumping prevention on some plastic products and plastic products made from polymers of propylene originating from the People s Republic of China, the Kingdom of Thailand and Malaysia;

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

DECIDES:

Article 1.To impose provisional anti-dumping duties on some plastic products and plastic products made from polymers of propylene of the following HS codes: 3920.20.10 and 3920.20.91, originating from the People s Republic of China, the Kingdom of Thailand and Malaysia (case code: aD07) with specific contents as prescribed in the Notice attached to this Decision.

Article 2.This Decision takes effect after 07 (seven) days from the date of its issuance.

Article 3.The Chief of the Ministerial Office, the Director General of the Trade Remedies Authority of Vietnam and heads of units and relevant parties shall be responsible for the implementation of this Decision./.

NOTICE

On imposing provisional anti-dumping duties on some plastic products and plastic products made from polymers of propylene originating from the People s Republic of China, the Kingdom of Thailand and Malaysia
(Attached to the Decision No. 880/QD-BCT dated March 18, 2020 of the Minister of Industry and Trade)

1. Goods subject to provisional anti-dumping duties

a) Description of goods:

Goods under investigation are a number of plastic products and plastic products made from polymers of propylene with thickness from 10 microns to 80 microns and width from 115mm to 7,800mm, classified by HS codes and current import tariffs as follows: 3920.20.10 and 3920.20.91.

The Ministry of Industry and Trade may amend and supplement the List of HS codes of goods subject to provisional anti-dumping duties to conform to the description of the investigated goods and other changes (if any).

b) Products to be excluded from the application of provisional anti-dumping measures and conditions of exclusion

Products to be excluded from the application of provisional anti-dumping measures are polypropylene cast (CPP) films that have the stretching ratios in the following directions:

+ The percentage of stretching horizontally from 400% or more; and

+ The percentage of vertical stretching is 380% or more.

2. The country of manufacture/export of goods is subject to provisional anti-dumping duties

Goods subject to provisional anti-dumping duties are goods originating from the People s Republic of China (China), the Kingdom of Thailand (Thailand) and Malaysia.

3. The duty rates and List of companies subject to provisional anti-dumping duties

4. Effect and duration of application of provisional anti-dumping duties

a) Effect

The provisional anti-dumping duties take effect after 07 (seven) days from the date on which the decision on the application of provisional anti-dumping duties is issued.

b) Duration of application

The provisional anti-dumping measure has a time limit of 120 (one hundred and twenty) days from the date on which the decision on the application of such measures takes effect (unless it is extended as prescribed in Clause 1, Article 81 of the Law on Foreign Trade Management No. 05/2017/QH14).

c) Retroactive application of anti-dumping duties

- According to Clause 4, Article 81 of the Law on Foreign Trade Management, in the event that the Investigation Agency s final conclusion determines that there is significant damage or threat of causing significant injury to a domestic manufacturing industry, the Minister of Industry and Trade may decide to retroactively apply anti-dumping duties;

- The anti-dumping duties may be imposed retroactively for imported goods within 90 (ninety) days before the date on which the provisional anti-dumping duties are applied if such imported goods are determined to be dumped; and the volume or quantity of dumped goods imported into Vietnam increased dramatically during the period from the time of investigation to the application of provisional anti-dumping duties and caused damage which is difficult to be engraved for the domestic manufacturing industry.

- For example: If the provisional anti-dumping duties take effect on June 15, 2020 and after the official investigation time limit, the Minister of Industry and Trade shall decide to impose the official anti-dumping duties, and such anti-dumping duties may be imposed retroactively from March 17, 2020 to June 14, 2020.

5. Procedures, dossiers and application of provisional anti-dumping duties

When carrying out customs procedures, customs agency shall perform the following steps to determine the provisional anti-dumping duty rates:

Step 1: Checking the Certificate of origin (C/O)

- Case 1: If the C/O cannot be produced, the provisional anti-dumping duty rate of 43.04% shall be applied.

- Case 2: If the produced C/O is from countries and territories other than China or Thailand or Malaysia, the provisional anti-dumping duty shall not be applied.

- Case 3: If the produced C/O is from China or Thailand or Malaysia, then move to Step 2.

Step 2: Checking the Certificate of quality (original) of the manufacturing company (test certificate) or equivalent documents (original) proving the manufacturer s name (hereinafter referred collectively to as the Certificate of manufacturing company)

- Case 1: If unable to produce the Certificate of manufacture company coinciding with the company name stated in Column 1, Article 3 of this Notice, the provisional anti-dumping duty rate of 43.04% shall be applied to goods with C/O from China, 20.35% for goods with C/O from Thailand and 23.05% for goods with C/O from Malaysia.

- Case 2: If the produced Certificate of manufacture company is not coinciding with the company name stated in Column 1, Article 3 of this Notice, the provisional anti-dumping duty rate of 43.04% shall be applied to goods with C/O from China, 20.35% for goods with C/O from Thailand and 23.05% for goods with C/O from Malaysia.

- Case 3: If the produced Certificate of manufacture company is coinciding with the company name stated in Column 1, Article 3 of this Notice, then move to Step 3.

Step 3: Checking the exporter name

- Case 1: If the export name (based on the commercial invoice) is coinciding with the name of the manufacturer or exporter stated in Column 1 or the corresponding trading company in the horizontal row in Column 2, then the corresponding duty rates in Column 3, Article 3 of this Notice shall be applied.

- Case 2: If the export name (based on the commercial invoice) is not coinciding with the name of the manufacturer or exporter stated in Column 1 or the corresponding trading company in the horizontal row in Column 2, Article 3 of this Notice, the provisional anti-dumping duty rate of 43.04% shall be applied to goods with C/O from China, 20.35% for goods with C/O from Thailand and 23.05% for goods with C/O from Malaysia.

6. The next orders and procedures

After the Ministry of Industry and Trade promulgates a decision on imposing provisional anti-dumping duties, the Inspection Agency shall carry out the following steps:

- Onsite investigation;

- To hold Public Consultation Session;

- To send draft final investigation conclusions to related parties for comments;

- To issue conclusions of the final investigation.

7. Contact information

Trade Remedies Authority of Vietnam - The Ministry of Industry and Trade

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

Phone number: +84 (24) 2220 5304

E-mail:

- [email protected] (Mr. Ha Tran Nhat Minh);

- [email protected] (Ms. Le Thi Kim Phung).

The Decision and Notice on imposing provisional anti-dumping duties may be access and downloaded from the website of the Ministry of Industry and Trade: www.moit.gov.vn; or the website of the Trade Remedies Authority of Vietnam: www.trav.gov.vn or www.pvtm.gov.vn.

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1: The anti-dumping investigation is only requested by the requester for certain plastics and plastic products made from propylene of polymers originating from the People s Republic of China, the Kingdom of Thailand and Malaysia, so the Investigation Agency only uses ATIGA and ACFTA tariffs as a reference.