Decision No. 1711/QD-BCT dated June 18, 2019 on impositon of provisional anti-dumping duty on flat-rolled, whether plated or not, painted products of alloy or non-alloy steel imported from the People's Republic of China and Republic of Korea

DECISION

ON IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON FLAT-ROLLED, WHETHER PLATED OR NOT, PAINTED PRODUCTS OF ALLOY OR NON-ALLOY STEEL IMPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA AND REPUBLIC OF KOREA

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 guidelines for the Law on foreign trade management regarding trade remedies;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; 

Pursuant to the Circular No. 06/2018/TT-BCT dated April 20, 2018 of the Minister of Industry and Trade elaborating on trade remedies;

Pursuant to the Decision No. 3752/QD-BCT dated October 02, 2017 of the Minister of Industry and Trade defining functions, tasks, powers and organizational structure of the Trade Remedies Authority of Vietnam;

Pursuant to the Decision No. 3877/QD-BCT dated October 15, 2017 of the Minister of Industry and Trade on anti-dumping investigation into and implementation of anti-dumping measures against flat-rolled, painted, varnished or coated with plastics or otherwise coated products of alloy or non-alloy steel imported from the People's Republic of China and Republic of Korea;

At the request of the Director of the Trade Remedies Authority of Vietnam;

HEREBY DECIDES:

Article 1. The provisional anti-dumping duty is imposed on flat-rolled, whether plated or not, painted products of alloy or non-alloy steel bearing the following HS codes: HS 7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7212.40.19, 7212.40.91, 7212.40.92, 7212.40.99, 7225.99.90, 7226.99.19, 7226.99.99 and imported into Vietnam from the People's Republic of China and Republic of Korea (case AD04). Details are also provided in the Announcement enclosed herewith.

Article 2. This Decision comes into force after 7 days from the date on which it is promulgated.

Article 3. Chief of the Ministry Office, Director of Trade Remedies Authority of Vietnam, and heads of relevant agencies and units shall be responsible for implementing this Decision./.

ANNOUNCEMENT

ON IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON FLAT-ROLLED, WHETHER PLATED OR NOT, PAINTED PRODUCTS OF ALLOY OR NON-ALLOY STEEL IMPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA AND REPUBLIC OF KOREA
(Enclosed to the Decision No. 3198/QD-BCT dated October 24, 2019 of the Minister of Industry and Trade)

1. Goods on which provisional anti-dumping duty is imposed

a) Name and basic characteristics

Color steel refers to alloy or non-alloy steel products which are flat-rolled, whether plated or not, and then painted.

b) Primary uses

- Color steel is used in construction and structures such as:  roofing sheets, wall panels, draperies/curtains, arris gutters, ventilation systems, etc.;

- Color steel is used in civil construction such as:  workshops, warehouses, fences, home appliances, oil drums, etc.;

- Color steel is used in interior decoration such as:  tables, chairs, rolling doors, accordion doors, office stationery, etc.;

- Color steel is also used in production of water pipes, air conditioner pipes, coatings of electrical equipment, etc. and has other uses.

c) HS codes and current import duty

So far, goods on which the provisional anti-dumping duty is imposed have names and basic characteristics as mentioned in Point a Section 1 hereof and bear the following HS codes:   7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7212.40.19, 7212.40.91, 7212.40.92, 7212.40.99, 7225.99.90, 7226.99.19, 7226.99.99.

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods on which the provisional anti-dumping duty is imposed in order to be conformable with the description of the goods subject to investigation and other changes (if any).

d) Goods exempted from the provisional anti-dumping duty

(i) Hot-rolled steel base products;

(ii) Products with unpainted surfaces;

(iii) High quality PCM and VCM color steel products used in electronics and household electricity fields;

(iv) PVDF painted steel products used in thermal power plants;

(v) Color steel products which cannot be manufactured domestically.

(vi) Products that are exempted from safeguard measures in the case of color steel products according to Decision No. 1931/QD-BCT dated May 31, 2017 and Decision No. 1561/QD-BCT dated June 05, 2019.

The grant of exemption from the anti-dumping duty to importers of the products specified in sub-sections (i) and (ii) mentioned above shall be subject to the inspection results of customs authorities or inspection bodies as regulated by laws.

In order to obtain exemption decisions, importers of the products specified in sub-sections (iii), (iv) and (v) mentioned above shall submit applications for exemption from the provisional anti-dumping measures to the Ministry of Industry and Trade according to the Circular No. 06/2018/TT-BCT dated April 20, 2018.

Importers of the products specified in sub-sections (vi) mentioned above are required to submit certified true copies of exemption decisions issued by the Ministry of Industry and Trade to customs authorities.

2. Country of manufacture/export of goods on which provisional anti-dumping duty is imposed

Goods on which the provisional anti-dumping duty is imposed are those originating from the People's Republic of China (China) and the Republic of Korea (Korea).

3. Duty rates and list of companies liable to the provisional anti-dumping duty  

4. Effective date and period of validity of provisional anti-dumping duty

a) Effective date

The provisional anti-dumping duty shall be imposed after 7 days from the date on which the Decision on imposition of the provisional anti-dumping duty is promulgated.

b) Period of validity

The provisional anti-dumping duty shall be imposed for a period of 120 days from the date on which the Decision on imposition of the provisional anti-dumping duty comes into force (unless it is extended in accordance with clause 1 Article 81 of the Law on Foreign Trade Management No. 05/2017/QH14).

c) Retroactivity of anti-dumping duty

- Pursuant to clause 4 Article 81 of the Law on Foreign Trade Management, if the final determination of the investigating authority shows that there is material injury or threat of material injury to the domestic industry, the Minister of Industry and Trade will make a decision on the retroactive imposition of the anti-dumping duty;

- The anti-dumping duty will be imposed retroactively on imports within 90 days before the provisional anti-dumping duty is imposed if the imports are determined to be dumped and the volume or quantity of dumped products imported to Vietnam rise sharply in the period from the date of the investigation to the date of imposition of provisional anti-dumping duties causing the injury which is difficult to be repaired to the domestic industry.

5. 5. Procedures and dossiers for inspection and imposition of provisional anti-dumping duty

When following customs procedures, customs authorities shall take the following steps to determine the provisional anti-dumping duty:

Step 1: Inspect Certificate of Origin (C/O)

- Case 1: If no valid C/O is presented, the rate of the provisional anti-dumping duty is 34.27%.

- Case 2: If the presented C/O is issued in a country or territory other than China or Korea, the provisional anti-dumping duty shall not be imposed.

- Case 3: If the presented C/O is issued in China or Korea, guidelines in Step 2 shall apply.

Step 2: Inspect mill-test certificate (original) issued by the manufacturer or other equivalent document (original) showing the manufacturer's name (hereinafter referred to as "mill-test certificate")

- Case 1: If no mill-test certificate containing the name of one of the companies specified in Column 1 Section 3 hereof is presented, the rate of the provisional anti-dumping duty imposed shall be 34.27% if C/O is issued in China or 19.25% if C/O is issued in Korea.

- Case 2: If the mill-test certificate is presented but it does not contain the name of one of the companies specified in Column 1 Section 3 hereof is presented, the rate of the provisional anti-dumping duty imposed shall be 34.27% if C/O is issued in China or 19.25% if C/O is issued in Korea.

- Case 3: If the mill-test certificate that contains the name of one of the companies specified in Column 1 Section 3 hereof is presented, guidelines in Step 3 shall apply.

Step 3: Inspect name of exporter

- Case 1: If the exporter’s name (specified in the commercial invoice) coincides with the name of the manufacturer or exporter specified in Column 1 or its corresponding relevant trade company specified in Column 2, the corresponding duty rate specified in Column 3 Section 3 hereof shall be imposed.

- Case 2: If the exporter’s name (specified in the commercial invoice) does not coincide with the name of the manufacturer or exporter specified in Column 1 or its corresponding relevant trade company specified in Column 2 Section 3 hereof, the rate of the provisional anti-dumping duty imposed shall be 34.27% if C/O is issued in China or 19.25% if C/O is issued in Korea.

6. Simultaneous imposition of anti-dumping duty and safeguard measures

Goods on which the provisional anti-dumping duty is imposed are currently the subjects of the safeguard measures according to Decision No. 1931/QD-BCT dated May 31, 2017 and Decision No. 1561/QD-BCT dated June 05, 2019.    Thus, these two measures shall be imposed simultaneously as follows:

- The rate of the anti-dumping duty imposed on goods in quota of the safeguard measure:  shall comply with provisions in Section 3, Section 4 and Section 5 hereof;

- The rate of the anti-dumping duty imposed on goods out of quota of the safeguard measure:

+) If the duty rate incurred by the manufacturer or exporter determined according to provisions in Section 3, Section 4 and Section 5 hereof is higher than the out-of-quota duty rate (19%) of the safeguard measure, the duty rate to be imposed shall be the corresponding anti-dumping duty rate specified in Column 3 Section 3 hereof;

+) If the duty rate incurred by the manufacturer or exporter determined according to provisions in Section 3, Section 4 and Section 5 hereof is lower than the out-of-quota duty rate (19%) of the safeguard measure, the duty rate to be imposed shall be 19%;

7. Subsequent procedures

After the Ministry of Industry and Trade issues a decision on imposition of provisional anti-dumping duty, the investigating authority shall take subsequent steps as follows:

- Investigation on site;

- Hold a public consultation session;

- Send draft of final determination to involved parties to seek opinions;

- Issue the final determination.

8. Contact

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

Address: 25 Ngo Quyen, Hoan Kiem, Hanoi, Vietnam

Telephone: +84 (24)73037898

Email:

- [email protected] (investigating officer Vu Tuan Nghia)

- [email protected] (investigating officer Ha Tran Nhat Minh)

The decision and announcement of imposition of provisional anti-dumping duty may be downloaded at: www.moit.gov.vn; or www.trav.gov.vn or www.pvtm.gov.vn.

1 Since anti-dumping investigation, upon the request, only applies to flat-rolled alloy or non-alloy steel painted, varnished or coated with plastics or coated with others imported from China or Korea, the investigating authority only uses Tariff schedule ACFTA, AKFTA and VKFTA for references.