Decision 3283/QD-BCT in 2017 on application of official anti-dumping measures for H-shaped steel products originating from China issued by the Minister of Industry and Trade

DECISION

IMPOSITION OF OFFICIAL ANTI-DUMPING MEASURE ON H-SHAPED STEEL PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA

MINISTER OF INDUSTRY AND TRADE

Pursuant to the Ordinance on Anti-dumping No. 20/2004/PL-UBTVQH11 dated April 29, 2004 of the Standing Committee of the National Assembly on Anti-dumping;

Pursuant to the Government’s Decree No. 90/2005/ND-CP dated July 11, 2005 providing guidelines for the Ordinance on Anti-dumping;

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; 

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

HEREBY DECIDES:

Article 1. The official anti-dumping duty 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 into Vietnam (case AD03). Further details are provided in the Announcement enclosed herewith.

Article 2. H-shaped steel products imported from Hong Kong shall be no longer regulated by Decision No. 957/QD-BCT dated March 21, 2016 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).

Article 3. The amount of the anti-dumping duty paid for the shipments of H-shaped steel products imported from Hong Kong into Vietnam in accordance with Decision No. 957/QD-BCT dated March 21, 2016 of the Ministry of Industry and Trade shall be returned.

Article 4. This Decision comes into force 15 days after the date on which it is promulgated.

Article 5. Director of Trade Remedies Authority of Vietnam, Chief of the Ministry’s Office, and heads of relevant units and parties shall be responsible for the implementation of this Decision./.

APPENDIX 1

ANNOUNCEMENT OF IMPOSITION OF OFFICIAL ANTI-DUMPING MEASURE ON H-SHAPED STEEL PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA
(Enclosed with the Decision No. 3283/QD-BCT dated August 21, 2017 of the Minister of Industry and Trade)

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

1.1. Name of goods:  H-shaped steel

1.2. Description of goods

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 steel1.

1.3. Goods which are not subject to the official anti-dumping measure

H-shaped steel described in Section 1.2 of this Announcement shall not be subject to the official anti-dumping measure if it meets one of the following conditions2:

- It is of a height of not less than 700mm (±4mm) or a width of not less than 300mm (±3mm)3; or

- It has a dimension of 100mm x 55mm or 120mm x 64mm1.4. Origin of goods: The People’s Republic of China (or China)

1.5. HS codes

Goods on which the official anti-dumping measure is imposed bear the following HS codes: 7216.33.00, 7228.70.10, 7228.70.90.

2. Final determination

The investigating authority concluded that there are:  (i) dumped imports, (ii) material retardation of the establishment of the domestic industry and (iii) a causal link between the dumped imports and the material retardation of the establishment of the domestic industry. Details of the final determination are provided in Appendix 2 – Final Determination (non-confidential version).

3. Official anti-dumping duty

Based on the final determination and comments of the Anti-dumping and Countervailing Council, the Minister of Industry and Trade decides to impose the official anti-dumping measure on H-shaped steel products described in Section 1 hereof by means of charging extra import duty as follows:

Table 1. Official anti-dumping duty rates

4. Guidelines for determination of the official anti-dumping duty

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 shall be 29,17%.

- Case 2: If the presented C/O is issued by a competent authority of a country or territory other than China, no official anti-dumping duty will be imposed.

- Case 3: If the presented C/O is issued by a competent authority of China, guidelines in Step 2 shall apply.

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

- Case 1: If no manufacturer’s certificate is presented, the rate of the official anti-dumping duty imposed shall be 29,17%.

- Case 2: If a manufacturer’s certificate is presented but it does not contain the name of one of the companies specified in Column 1 Table 1 hereof, the rate of the official anti-dumping duty imposed shall be 29,17%.

- Case 3: If the manufacturer’s certificate that contains the name of one of the four companies specified in Column 1 Table 1 hereof, including (i) Heibei Jinxi Iron and Steel Group Co., Ltd.; (ii) Hebei Jinxi Section Steel Co., Ltd.; (iii) Rizhao Steel Holding Group Co., Ltd.; and (iv) Rizhao Medium Section Mill Co., Ltd., guidelines in Step 3 shall apply.

Step 3: Inspect name of exporter

- Case 1: If the exporter’s name (specified in the sales contract and commercial invoice) coincides with the name of one of the manufacturers, exporters or trade companies specified in Column 1 or Column 2 Table 1 hereof, the official anti-dumping duty imposed shall be the corresponding duty rate specified in Column 4 Table 1 hereof.

- Case 2: If the exporter’s name (specified in the sales contract and commercial invoice) does not coincide with the name of one of the following manufacturers/exporters specified in Column 1, including (i) Heibei Jinxi Iron and Steel Group Co., Ltd.; (ii) Hebei Jinxi Section Steel Co., Ltd.; (iii) Rizhao Steel Holding Group Co., Ltd.; and (iv) Rizhao Medium Section Mill Co., Ltd., or the trade companies specified in Column 2 Table 1, the rate of the official anti-dumping duty imposed shall be 29,17%.

5. Difference in anti-dumping duty rates

If the official anti-dumping duty rate is higher than the provisional one, the amount of the import duty overpaid shall be refunded.

6. Period of validity of the official anti-dumping duty

The official anti-dumping duty comes into force 15 days after the date on which the decision on imposition of the official anti-dumping measure is issued, i.e. from September 05, 2017.

The official anti-dumping duty shall be imposed for a period of 05 (five) years commencing from the date on which it comes into force to September 07, 2022 inclusively.

This period of validity may be extended or the rate of anti-dumping duty may be adjusted according to the results of review of anti-dumping duty given by the investigating authority.

7. Subsequent procedures

After the decision on imposition of the official anti-dumping measure comes into force, customs authorities shall collect import duties charged on goods on which the official anti-dumping duty is imposed.

If importers think that their imported H-shaped steel products bearing HS codes specified in Section 1 hereof are not the goods on which the official anti-dumping measure is imposed, they are advised to petition for review within the prescribed time limit for the first review on the case.

8. Contact information

Information on the decision on imposition of the official anti-dumping measure can be found and downloaded by visiting the following website of the Ministry of Industry and Trade (www.moit.gov.vn).

Detailed 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 4) 222.05.002 (Ext.: 1038)

Investigators in charge:

Phung Gia Duc – Email: [email protected]

Vu Tuan Nghia - Email: [email protected]

1 W-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 used in the steel industry.

2 The investigating authority determines that the goods described in Section 1.3 cannot be manufactured domestically (Further details are provided in Appendix 2 – Final Determination (Non-confidential version))

3 Section 7.1 Dimensions, cross-sectional area, weight per meter and cross-sectional properties of H-shaped steel and Section 7.2 Tolerances on dimensions and shape – National Standard TCVN 7571-16:2017 Hot-rolled steel sections – Part 16: H sections 

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