Decision No. 1656/QD-BCT dated April 29th 2016, conclusion of the first review on anti-dumping measures against certain imports of stainless steel cold-rolled products

DECISION

CONCLUSION OF THE FIRST REVIEW ON ANTI-DUMPING MEASURES AGAINST CERTAIN IMPORTS OF STAINLESS STEEL COLD-ROLLED PRODUCTS

MINISTER OF INDUSTRY AND TRADE

Pursuant to the Ordinance No. 20/2004/PL-UBTVQH11 dated 29 April 20014 by the Standing Committee of the National Assembly on counter to dumped imports into Vietnam;

Pursuant to the Government’s Decree No. 90/2005/ND-CP dated 11 July 2005 on details of the enforcement of certain articles in the Ordinance on counter to dumped imports into Vietnam;

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated 12 November 2012 on functions, missions, authority and organizational structure of the Ministry of Industry and Trade;

At the request of the Head of Vietnam Competition Authority,

DECIDES:

Article 1. A new anti-dumping duty rate shall be imposed according to the conclusion of the first review on certain stainless steel cold-rolled products imported into Vietnam from various nations and territories. Details are available in the Notice enclosed to this Decision.

Article 2. Procedures for imposition of anti-dumping measures shall be governed by the laws on counter to dumped imports into Vietnam and on import tariff.

Article 3. This decision shall come into force 15 days after the date that it is signed.

Article 4. Head of Vietnam Competition Authority, heads of agencies, and entities concerned shall be responsible for enforcing this Decision./.

NOTICE

REVISION OF ANTI-DUMPING DUTY AS PER THE FIRST REVIEW
(Enclosed to the Decision No. 1656/QD-BCT dated 29 April 2016 by Minister of Industry and Trade)

Pursuant to the Ordinance No. 20/2004/PL-UBTVQH11 dated 29 April 2004 by Standing Committee of the National Assembly on counter to dumped imports into Vietnam (referred to as the Anti-dumping Ordinance) and the Decree No. 90/2005/ND-CP dated 11 July 2005 on details of the enforcement of certain articles in the Ordinance on counter to dumped imports into Vietnam (referred to as the Decree No. 90), the Ministry of Industry and Trade elaborates on the revision of anti-dumping duty according to the first review on certain stainless steel cold-rolled products originating from the People’s Republic of China, Republic of Indonesia, Malaysia and Taiwan area under these HS codes: 7219.32.00; 7219.33.00; 7219.34.00; 7219.35.00; 7219.90.00; 7220.20.10; 7220.20.90; 7220.90.10; 7220.90.90. Such products were imported into Vietnam as follows:

1. Basic information

On September 05th 2014, the Ministry of Industry and Trade issued the Decision No. 7896/QD-BCT on the imposition of anti-dumping measures against certain stainless steel cold-rolled products (referred to as “imports under investigation") imported into Vietnam from the People’s Republic of China (“China”), Republic of Indonesia (“Indonesia"), Malaysia (“Malaysia") and Taiwan area (“Taiwan”).

On September 15th 2015, the Ministry of Industry and Trade received the valid petition by Posco VST Co., Ltd and Inox Hoa Binh Joint-stock Company (the petitioners), on behalf of domestic producers, for a review on anti-dumping duty against stainless steel cold-rolled products imported into Vietnam according to Article 24 of the Anti-dumping Ordinance.

On October 21st 2015, the Ministry of Industry and Trade, after examining the local producers' petition for review, issued the Decision No. 11353/QD-BCT on the review on anti-dumping measures against stainless steel cold-rolled products imported into Vietnam from three countries including China, Malaysia and Indonesia.

2. Imports under investigation and incurring the duty

Products under investigation include stainless steel cold-rolled coil or sheet containing a maximum of 1.2% carbon and a minimum of 10.5% chromium with or without other elements. Stainless steel cold-rolled coil or sheet has been annealed or heat-treated by other methods and pickled or skin passed to remove impurities on the surface. Such products have been subsequently processed (severed or sawed) provided that the process does not alter their technical characteristics.

HS codes of products under investigation, as described above, include: 7219.32.00; 7219.33.00; 7219.34.00; 7219.35.00; 7219.90.00; 7220.20.10; 7220.20.90; 7220.90.10; 7220.90.90.

The following product types are exempt from anti-dumping measures: (1) stainless steel cold-rolled (full hard) coil or sheet that has not been annealed or heat-treated and (2) stainless steel cold-rolled coil or sheet with minimum thickness of more than 3.5 mm.

Origin of imports: Products under investigation are imported or originate from the People’s Republic of China, Republic of Indonesia, Malaysia and Taiwan area.

3. Anti-dumping duty

3.1. Anti-dumping duty rate as per the conclusion of the first review

Pursuant to the Article 25 of the Anti-dumping Ordinance and the investigation authority’s conclusion of the review, the Ministry of Industry and Trade decided the following revision of anti-dumping duty on foreign producers and exporters:

Anti-dumping duty rate levied on other producers and exporters from China, Indonesia, Malaysia and Taiwan refer to the duty rate imposed on producers and exporters whose name is not indicated in the list above. Names of producers shall be identified according to documents and certificates of quality and relevant papers that such producers have issued.

3.2. Duration of anti-dumping duty

- New anti-dumping duty rates shall take effect from 14 May 2016 to 06 October 2019 (unless otherwise extended or reviewed as per the laws).

- The duration of the anti-dumping duty may be extended according to Chapter IV of the Ordinance No. 20.

- Entities concerned shall be entitled to petition for anti-dumping duty review according to Article 24 of the Ordinance No. 20.

4. Formality

Importers of products under investigation, when importing such products, must provide customs authorities with origin papers including:

- Certificate of origin, which specifies products originating from countries and territories indicated in Clause 3.1 of this Notice;

- Mill-test certificates from producers located in countries and territories indicated in Clause 3.1 of this Notice.

5. Contact

The information on decisions on anti-dumping measure as per the review of products under investigation shall be available on the websites of the Ministry of Industry and Trade (http://www.moit.gov.vn) and Vietnam Competition Authority (http://www.vca.gov.vn or http://www.qlct.gov.vn).

Inquiries shall be delivered to:

Investigation office for domestic enterprises' lawsuits over trade remedies - Vietnam Competition Authority - Ministry of Industry and Trade

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

Telephone: (+84 4) 222.05002 (Ext. 1037, 1038)

Fax: (+84 4) 222.05003

Email: giaovq@moit.gov.vn;[email protected];