Decision No. 957/QD-BCT dated March 21, 2017 of the Ministry of Industry and Trade on imposition of provisional anti-dumping measure on h-shaped steel products imported from the People’s Republic of China (including Hong Kong)

THE MINISTRY OF INDUSTRY AND TRADE 

Decision No. 957/QD-BCT dated March 21, 2017 of the Ministry of Industry and Trade on imposition of provisional anti-dumping measure on h-shaped steel products imported from the People’s Republic of China (including Hong Kong)

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

Pursuant to the Government’s Decree No. 90/2005/ND-CP dated July 11, 2005 providing for the implementation of the Ordinance on anti-dumping actions against 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 Ministry of Industry and Trade;

At the request of Director of Vietnam Competition Authority;

DECIDES:

Article 1.Provisional anti-dumping duties shall be imposed on certain H-shaped steel products bearing the following HS codes: HS 7216.33.00, 7228.70.10 and 7228.70.90, imported from the People’s Republic of China (including Hong Kong) into Vietnam (case AD03).Details are provided in the Announcement enclosed herewith.

Article 2.This Decision takes effect on the signing date.

Article 3.Director of Vietnam Competition Authority, Chief of the Ministry’s Office, and heads of relevant agencies and units shall implement this Decision./.

The Minister

Tran Tuan Anh

APPENDIX 1

ANNOUNCEMENT OF IMPOSITION OF PROVISIONAL ANTI-DUMPING MEASURE ON H-SHAPED STEEL PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA (INCLUDING HONG KONG)
(Enclosed with the Decision No.957/QD-BCT dated March 21, 2017 by Minister of Industry and Trade)

1. Profiles of Requesting party

Full name:Posco SS Vina Co., Ltd.

Address:- Head office and factory: N1 Street, Phu My 2 Industrial Zone, Tan Thanh District, Ba Ria - Vung Tau Province, Vietnam

- Ho Chi Minh City Branch: Unit 1211, 12^thFloor, Diamond Plaza, 34 Le Duan Street, District 1, Ho Chi Minh City

2. Imports on which provisional measure are imposed

Name:H-shaped steel

Categories/ models:Alloy or non-alloy H-shaped steel has a vertical center web with horizontal top and bottom flanges. H-shaped steel is also known as "H-beam", "W-beam" or wide flange beam2.

Origin:The People’s Republic of China, including Hong Kong (China)

Current import duties:

Current HS codes:Products subject to the investigation are imported from China and classified according to the following codes: 7216.33.00, 7228.70.10, 7228.70.90.

Application (primary uses):H-shaped steel products are used as beams in construction of industrial, commercial and apartment-building works, bridge works, maritime works, manufacture of containers, truck chassis, steel decks and machine frames, and in other engineering industries.

3. Investigation period:

Case investigation period: from April 01, 2015 to March 31, 2016

4. Chinese manufacturers/ exporters liable to investigation and provisional anti-dumping duties

4.1. Jinxi Company and trade companies/associated branches/independent branches considered as cooperative companies (“hereinafter referred to as Jinxi Company”):

a) Manufacturing companies:

- Heibei Jinxi Iron and Steel Group Co., Ltd.

- Hebei Jinxi Section Steel Co., Ltd.

b) Trade companies:

- Xiamen C and D Metals co., Ltd.

- China-Base Ningbo Foreign Trade Co., Ltd.

- Hangzhou CIEC International Co., Ltd.

- Hangzhou CIEC Group Co., Ltd.

- Hangzhou Cogeneration (Hong Kong) Company Limited

- Rich Fortune Int’l Industrial Limited

- China Oriental Singapore Pte Ltd.

- China Oriental Group Company Limited

4.2. Rizhao Company and trade companies/associated branches/independent branches considered as cooperative companies (“hereinafter referred to as Rizhao Company”):

- Rizhao Steel Holding Group Co., Ltd.

- Rizhao Medium Section Mill Co., Ltd.

5. Information on import of goods liable to provisional anti-dumping measure

5. Dumping margin

6. Information on imports which are dumped resulting in obstacle to the establishment of domestic manufacturing industries and liable to provisional anti-dumping measure

Parts 5 and 6 of the Preliminary Determination stated in Appendix 2.

Based on the import volume of subject merchandise into Vietnam with the dumping margin ranging from 21.18% to 36.33%, Ministry of Industry and Trade believes that deferred imposition of provisional anti-dumping measure shall significantly obstruct the establishment of domestic manufacturing industries and it is difficult to handle the anti-dumping status.

7. Provisional anti-dumping measure

Based on the preliminary determination ( Appendix 2), Ministry of Industry and Trade decides to impose provisional anti-dumping measure on H-shaped steel products which are described in Section 2 of this Announcement by means of charging extra import duty equal to the dumping margin determined in Section 5 of this Announcement within a duration of 120 days from the date of entry into force of this Decision. To be specific:

8.Duration of imposition of provisional anti-dumping measure

Provisional anti-dumping measure comes into force after 15 days from the date of promulgation of the Decision on imposition of provisional anti-dumping measure, i.e. April 05, 2017. The provisional anti-dumping measure shall be imposed within duration of 120 days, i.e. up to August 02, 2017. The provisional anti-dumping measure shall be lifted in the following cases:

(i) after August 02, 2017; or

(ii) a Decision on imposition of official anti-dumping measure is issued by the Minister of Industry and Trade within the duration of 120 days mentioned above.

Where the final decision of the Minister of Industry and Trade shows that the application of an anti-dumping measure is unnecessary or the final anti-dumping duty is lower than the applied provisional anti-dumping duty, the tax difference shall be refunded to taxpayers as prescribed by law.  Where the final anti-dumping duty is higher than the applied provisional anti-dumping duty, taxpayers are not required to pay the tax difference.

9. Subsequent procedures

¹Pursuant to Clause 2 Article 31 of the Government’s Decree No. 90/2005/ND-CP dated July 11, 2005 providing for the implementation of the Ordinance on anti-dumping actions against imports into Vietnam.

²W-beam or W-Section means Wide flange beam as defined by the American Society for Testing and Materials (ASTM), and is also known as H-beam as regulated in the Japanese Industrial Standards (JIS). These terms are commonly used on the steel market and are similar trade names in the steel industry.