Decision 2942/QD-BCT in 2019 applying official anti-dumping measures to aluminum products originating from China issued by the Minister of Industry and Trade

DECISION

IMPOSITION OF OFFICIAL ANTI-DUMPING MEASURES ON ALUMINUM PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA

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 Decision No. 33/QD-BCT dated January 10, 2019 of the Minister of Industry and Trade deciding initiation of anti-dumping duty investigations into certain aluminum products, alloyed or not alloyed, in bars, rods and profiles imported from the People's Republic of China;

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

HEREBY DECIDES:

Article 1. The official anti-dumping measures shall be imposed on certain aluminum products, alloyed or not alloyed, in bars, rods and profiles, extruded, surface treated or not, further worked or not, classified into the following HS codes: 7604.10.10, 7604.10.90, 7604.21.90, 7604.29.10, 7604.29.90, and imported into Vietnam from People's Republic of China (case: AD05). Further details are provided in the Announcement enclosed herewith.

Article 2. This Decision comes into force 05 (five) days after the date of its promulgation.

Article 3. Decision No. 1480/QD-BCT dated May 29, 2019 shall cease to take effect from the effective date of this Decision.

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

ANNOUNCEMENT

  IMPOSITION OF OFFICIAL ANTI-DUMPING MEASURES ALUMINUM PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA
(Enclosed with the Decision No. 2942/QD-BCT dated September 28, 2019 of the Minister of Industry and Trade)

1. Goods on which the official anti-dumping duty is imposed

a) Name and basic characteristics

Aluminum and articles thereof; alloyed or not alloyed; in bars, rods and profiles, extruded, surface treated or not, further worked or not. These products have the same allotrope and cubic structure, may have various designs of shapes and sections, and different color coatings, and may be recycled.

b) Uses

They are used for making aluminum doors, partitions and cabinets, interior and exterior decoration materials, and structures in construction of houses and other works; they are also used for producing machinery parts and structures in the field of industry, and serving other purposes.

c) HS codes and current import duty

Currently, goods on which the official anti-dumping duty is imposed bear the following HS codes: 7604.10.10; 7604.10.90; 7604.21.90; 7604.29.10; 7604.29.90.

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

2. Manufacturers/exporters of goods on which the official anti-dumping duty is imposed

Goods on which the official anti-dumping duty is imposed are imported from the People's Republic of China (China).

3. Final determination

The investigating authority concluded that there are:  (i) dumped imports, (ii) material injury to domestic industry and (iii) a causal link between the dumped imports and the material injury to domestic industry.

4. Duty rates and list of companies liable to the official anti-dumping duty 

5. Effective date and period of validity of the official anti-dumping duty

a) Effective date

The official anti-dumping duty is effective from the day on which the decision on imposition of the official anti-dumping measure comes into force.

b) Period of validity

The official anti-dumping duty shall be imposed for a maximum period of 05 (five) years from the day on which the decision on imposition of the official anti-dumping measure comes into force (unless extended as prescribed in Article 82 of the Law on Foreign Trade Management No. 05/2017/QH14).

6. Procedures and dossiers for inspection and imposition of the official anti-dumping measures

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

- Case 1: If no valid C/O is presented, the rate of the official anti-dumping duty is 35,58%.

- Case 2: If a C/O issued by a competent authority of a country or territory other than China is presented, the official anti-dumping duty shall not be imposed.

- Case 3: If a C/O issued by a competent authority of China is presented, 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 "manufacturer's certificate")

- Case 1: If no manufacturer’s certificate containing the name of one of the companies specified in Column 1 Section 4 hereof is presented, the rate of the official anti-dumping duty imposed shall be 35,58%.

- Case 2: If a manufacturer’s certificate is presented but it does not contain the name of one of the manufacturers specified in Column 1 Section 4 hereof, the rate of the official anti-dumping duty imposed shall be 35,58%.

- Case 3: If the manufacturer’s certificate that contains the name of one of the companies specified in Column 1 Section 4 hereof is presented, guidelines in Step 3 shall apply.

Step 3: Inspect exporter’s name

- Case 1: If the exporter’s name (specified in the sales contract and 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 4 hereof shall be imposed.

- Case 2: If the exporter’s name (specified in the sales contract and 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 4 hereof, the rate of the official anti-dumping duty imposed shall be 35,58%.

7. Difference in anti-dumping duty rates

If the official anti-dumping duty rate is lower than the provisional one, the amount of duties overpaid shall be refunded in accordance with Clause 5 Article 68 of the Law on foreign trade management No. 05/2017/QH14. Detailed differences between the official anti-dumping duty rates and the provisional ones are as follows:

Table 7.1: Differences between official anti-dumping duty rates and the provisional ones

- If the anti-dumping duty difference at the Column (3) of Table 7.1 is lower than 0 (zero), the overpaid amounts of anti-dumping duty shall be refunded to the relevant enterprise.

- If the anti-dumping duty difference at the Column (3) of Table 7.1 is higher than or equal to 0 (zero), the relevant enterprise will not have to pay the difference.

8. Subsequent procedures

If the description of imports is different from that of the goods specified in Article 1 hereof, relevant enterprises may apply for a review of scope of subject goods in accordance with the Government's Decree No. 10/2018/ND-CP dated January 15, 2018 or submit application for exemption from anti-dumping duty as prescribed in the Circular No. 06/2018/TT-BCT dated April 20, 2018 of the Minister of Industry and Trade.

9. Contact information

The Trade Remedies Authority of Vietnam affiliated to the Ministry of Industry and Trade

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

Telephone: +84 (24) 22 20 53 04

E-mail:

- [email protected] (Investigator in charge: Phung Gia Duc)

- [email protected] (Investigator in charge: Tran Hoang Mai)

The decision on and the announcement of the official anti-dumping measures may be found and downloaded from the website of the Ministry of Industry and Trade:  www.moit.gov.vn; or of the Trade Remedies Authority of Vietnam: www.trav.gov.vn or www.pvtm.gov.vn.

1 Because the requesting party requests for an anti-dumping investigation into aluminum bars originating from China, only ACFTA tariff schedules are used as reference.

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