DECISION

ON OUTCOMES OF FIRST REVIEW OF IMPOSITION OF ANTI-DUMPING AND COUNTERVAILING MEASURES ON CANE SUGAR PRODUCTS IMPORTED FROM THE KINGDOM OF THAILAND

THE MINISTER OF INDUSTRY AND TRADE OF VIETNAM

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. 96/2022/ND-CP dated November 29, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam; 

Pursuant to the Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade elaborating on trade remedies;

Pursuant to the Decision No. 2639/QD-BCT dated December 02, 2022 of the Minister of Industry and Trade of Vietnam defining functions, tasks, powers and organizational structure of the Trade Remedies Authority of Vietnam; 

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Pursuant to Decision No. 1757/QD-BCT dated August 31, 2022 of the Minister of Industry and Trade of Vietnam on the first review of imposition of anti-dumping and countervailing measures on cane sugar products imported from the Kingdom of Thailand;

Pursuant to the Decision No. 2961/QD-BCT dated December 30, 2022 of the Minister of Industry and Trade of Vietnam providing amendments to the Decision No. 1578/QD-BC dated June 15, 2021 of the Minister of Industry and Trade of Vietnam on imposition of official anti-dumping and countervailing duties on cane sugar products imported from the Kingdom of Thailand;

Pursuant to Decision No. 459/QD-BCT dated February 24, 2023 of the Minister of Industry and Trade of Vietnam on extension of the duration of the first review of imposition of anti-dumping and countervailing measures on cane sugar products imported from the Kingdom of Thailand;

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

HEREBY DECIDES:

Article 1. The anti-dumping and countervailing duties shall be imposed on Mitr Phol Sugar Corp., Ltd. and 04 its affiliates and Czamikow Group Limited, Thai Roong Ruang Industry Co., Ltd and 05 its affiliates on the basis of the outcomes of the first review of the imposition of anti-dumping and countervailing measures on cane sugar products imported from the Kingdom of Thailand (case: AR01. AD13-AS01). Further details are provided in the Announcement enclosed herewith.

Article 2. Procedures for imposition of anti-dumping and countervailing measures shall be followed in accordance with law regulations on anti-dumping and countervailing actions against imports into Vietnam, the law on import and export duties and relevant laws.

Article 3. Decisions on exemption from the anti-dumping and countervailing measures issued by the Minister of Industry and Trade of Vietnam before the effective date of this Decision shall remain valid until the expiry dates thereof.

Article 4. This Decision comes into force from August 18, 2023.

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PP. MINISTER
DEPUTY MINISTER




Nguyen Sinh Nhat Tan

ANNOUNCEMENT

OUTCOMES OF FIRST REVIEW OF IMPOSITION OF ANTI-DUMPING AND COUNTERVAILING DUTIES ON CANE SUGAR PRODUCTS IMPORTED FROM THE KINGDOM OF THAILAND
(Enclosed with the Decision No. 1989/QD-BCT dated August 03, 2023 of the Minister of Industry and Trade of Vietnam)

1. Description of goods on which the anti-dumping and countervailing measures are imposed

a) Name and basic characteristics 

- Scientific name:  Sucrose.

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b) HS codes and import duties

The goods on which the anti-dumping and countervailing duties are imposed bear the following HS codes: 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91.

HS code

Description

Preferential import duty
(MFN tariff rate)

Chapter 17

Sugars and sugar confectionery

1701

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- Raw sugar not containing added flavouring or colouring matter:

1701.1300

- - Cane sugar specified in Subheading Note 2 to this Chapter

In-quota tariff rate: 25%, out-of-quota tariff rate: 80%

1701.1400

- - Other cane sugar

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- Other:

1701.9100

- - Containing added flavouring or colouring matter

In-quota tariff rate: 40%, out-of-quota tariff rate: 100%

1701.99

- - Other:

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- - - Refined sugar.

In-quota tariff rate: 40%, out-of-quota tariff rate: 85%

1701.9990

- - - Other

In-quota tariff rate: 40%, out-of-quota tariff rate: 85%

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel.

1702.90

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- - Other

1702.9091

- - - Syrups

15%

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

2. List of manufacturers and exporters demanding the first review and on which the anti-dumping and countervailing duties are imposed

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Name of manufacturer/exporter

Name of relevant trade company

Anti-dumping duty rate

Countervailing duty rate

Column 1

Column 2

Column 3

Column 4

1

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United Fanner & Industry Co., Ltd.

Singburi Sugar Co., Ltd.

Mitr Kalasin Sugar Co., Ltd.

- Pacific Sugar Corporation Limited

- Czamikow Group Limited.

32,75%

0[1]%

2

Thai Roong Ruang Industry Co., Ltd.

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Baanrai Sugar Industry Co., Ltd.

Phitsanulok Sugar Co., Ltd.

The Cholburi Sugar & Trading Corp., Ltd.

Siam Sugar Export Corp Ltd.

25,73%

4,65%

The anti-dumping and countervailing duties shall be charged as extra import duties on cane sugar products imported from the Kingdom of Thailand, including those imported under tariff quotas.

3. Validity period of anti-dumping and countervailing duties

The anti-dumping and countervailing duties specified in Section 2 of this Announcement shall be imposed from the effective date of the Decision on outcomes of the first review of imposition of anti-dumping and countervailing duties on some cane sugar products imported from the Kingdom of Thailand until June 15, 2026 (unless changed or extended under a decision issued by the Ministry of Industry and Trade of Vietnam on the basis of review of imposition of anti-dumping and countervailing measures in accordance with regulations of law).

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Contents of inspection:

Step 1: Inspect proofs of origin and mill-test certificate (original) issued by the manufacturer (hereinafter referred to as “manufacturer’s certificate”)

- Case 1: If the customs declarant fails to submit a proof of origin, the guidelines in Section 5 of the Announcement enclosed with the Decision No. 1578/QD-BC dated June 15, 2021 of the Minister of Industry and Trade of Vietnam on imposition of official anti-dumping and countervailing duties on cane sugar products imported from the Kingdom of Thailand (hereinafter referred to as “Decision No. 1578/QD-BC”) shall apply.

- Case 2: If the customs declarant submits a proof of origin issued by a competent authority of a country or territory other than the Kingdom of Thailand, the guidelines in Section 5 of the Announcement enclosed with the Decision No. 1578/QD-BC shall apply.

- Case 3: If the customs declarant submits a proof of origin issued by a competent authority of the Kingdom of Thailand but fails to submit a manufacturer’s certificate, anti-dumping and countervailing duties prescribed in Section 3 of the Announcement enclosed with the Decision No. 1578/QD-BC shall be imposed.

- Case 4: If the customs declarant submits a proof of origin issued by a competent authority of the Kingdom of Thailand and a manufacturer’s certificate which does not contain the name of one of the manufacturers specified in Column 1 Section 2 of this Announcement, anti-dumping and countervailing duties prescribed in Section 3 of the Announcement enclosed with the Decision No. 1578/QD-BC shall be imposed.

- Case 5: If the customs declarant submits a proof of origin issued by a competent authority of the Kingdom of Thailand and a manufacturer’s certificate which contains the name of one of the manufacturers specified in Column 1 Section 2 of this Announcement, guidelines in Step 2 hereunder shall apply.

Step 2: Inspect exporter’s name

- Case 1: If the exporter’s name (specified in the sales contract and commercial invoice) coincides with the name of one of the manufacturers in Column 1 Section 2 of this Announcement or the name of the corresponding exporter in Column 2 Section 2 of this Announcement, the corresponding anti-dumping and countervailing duty rates in the same row in Column 3 and Column 4 Section 2 of this Announcement shall be imposed.

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5. Subsequent procedures

Pursuant to the provisions of Article 14 of the Government's Decree No. 10/2018/ND-CP dated January 15, 2018, the Ministry of Industry and Trade of Vietnam shall cooperate with relevant regulatory authorities and customs authorities to provide information on the import of goods on which the anti-dumping and countervailing duties are imposed.

[1] Because a margin of subsidy of less than 2% is determined for the group of Mirt Phol companies, provisions of Clause 2 Article 86 of the Law on Foreign Trade Management shall not apply.