Decision No. 3162/QD-BCT dated October 21, 2019 results of expiry review regarding adoption of anti-dumping measures with respect to cold-rolled stainless steel originating from People’s Republic of China, Republic of Indonesia, Malaysia and Taiwan territory

DECISION

RESULTS OF EXPIRY REVIEW REGARDING ADOPTION OF ANTI-DUMPING MEASURES WITH RESPECT TO COLD-ROLLED STAINLESS STEEL ORIGINATING FROM PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDONESIA, MALAYSIA AND TAIWAN TERRITORY

MINISTER OF INDUSTRY AND TRADE

Pursuant to Law on Foreign Trade Management No. 05/2017/QH14 dated June 12, 2017;

Pursuant to Decree No. 10/2018/ND-CP dated January 15, 2018 of Government on elaborating to a number of Articles of Law on Foreign Trade Management regarding trade remedies;

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

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

Pursuant to Decision No. 3752/QD-BCT dated October 2, 2018 of Minister of Industry and Trade on functions, tasks, powers, and organizational structure of Trade Remedies Authority of Vietnam;

Pursuant to Decision No. 7896/QD-BCT dated September 5, 2014 of Minister of Industry and Trade on adoption of anti-dumping measures with respect to import cold-rolled stainless steel products;

Pursuant to Decision No. 3551/QD-BCT dated October 2, 2018 of Minister of Industry and Trade on implementation of expiry review regarding adoption of anti-dumping measures with respect to import cold-rolled stainless steel originating from People’s Republic of China, Republic of Indonesia, Malaysia and Taiwan territory

At request of Director General of Trade Remedies Authority of Vietnam,

HEREBY DECIDES:

Article 1. Extend adoption period of anti-dumping measures for 5 more years with respect to some cold-rolled stainless steel products imported into Vietnam originating from People’s Republic of China, Republic of Indonesia, Malaysia and Taiwan territory, details to be specified in notice attached hereto.

Article 2. Procedures for adoption of anti-dumping measures shall comply with regulations and law on anti-dumping of goods imported into Vietnam and regulations and law on import and export duties.

Article 3. This Decision comes into force after 5 days from the date of signing and supersedes Decision 2398/QD-BCT dated April 7, 2018.

Article 4. Chief of Ministry Office, Director General of the Trade Remedies Authority of Vietnam and heads of relevant units and related parties are responsible for implementation of this Decision./.

NOTICE

EXTENSION OF ADOPTION OF ANTI-DUMPING MEASURES WITH RESPECT TO COLD-ROLLED STAINLESS STEEL ORIGINATING FROM PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDONESIA, MALAYSIA AND TAIWAN TERRITORY ON THE BASIS OF EXPIRY REVIEW RESULTS
(Attached to Decision No. 3162/QD-BCT dated October 21, 2019 of Minister of Industry and Trade)

1. Goods subject to antidumping tax

a) Goods description

Goods subject to antidumping tax are cold-rolled stainless steel in coils or in sheets containing 1.2% of carbon contents or less and 10.5% of chromium contents with or without other elements. Cold-rolled stainless steel in coils or in sheets annealed or heat treated by other methods and submerged or scraped for rust to remove residual impurities on the surface.  Such products may continue to be treated provided further processes not alter specifications thereof.

Goods subject to inspection for adoption of measures that match description above shall be classified in 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.

Following products shall be excluded from adoption of anti-dumping measures: (1) cold-rolled stainless steel in coils or in sheets that is not annealed or heat treated (full hard) and (2) cold-rolled stainless steel in coils or in sheets that is thicker than 3.5mm.

b) Particular products excluded from adoption of anti-dumping measures:

(i) Mirror polished (No. 8 or Super Mirror finish), over-rolled and cold-rolled stainless steel in sheets with protective coatings;  

(ii) Over-rolled and cold-rolled, multicolor-coated (by vacuum deposition technology PVD, chemical, electrolysis or similar technologies) stainless steel in sheets with protective coatings;

(iii) Over-rolled and cold-rolled stainless steel in sheets with engraved patterns and protective coatings;

(iv) Over-rolled and cold-rolled stainless steel in sheets with embossed patterns and protective coatings;

(v) Over-rolled and cold-rolled stainless steels in sheets patterned with laser engraving and protective coatings.

2. Country manufacturing/exporting goods subject to antidumping tax

Goods originating from People's Republic of China, Republic of Indonesia, Malaysia and Taiwan territory shall be subject to antidumping tax.

3. Conclusion of expiry review

Investigating authority hereby concludes:

(i) The 4 inspected countries/territories are still dumping into Vietnam during the period of expiry review. Thus even more import goods from said countries/territories shall potentially be subject to dumping should anti-dumping measures be ceased;

(ii) Domestic manufacturing may suffer from material injury or be threatened with material injury should adoption of anti-dumping measures be ceased; and

(iii) The fact that domestic manufacturing may suffer from material injury/be threatened with material injury correlates with repetition of dumping of import goods.

4. Tax rates imposed on enterprises subject to anti-dumping measures

5. Effective date and period of adoption of antidumping tax

a) Effective date

Antidumping tax shall enter into effect from the effective date of Decision on results of expiry review regarding adoption of anti-dumping measures.

b) Period

Adoption of anti-dumping measures shall last no more than 5 years from the effective date of Decision on results of expiry review regarding adoption of anti-dumping measures (unless extended as specified in Article 82 of Law on Foreign Trade Management).

6. Procedures and documents on examination and adoption of anti-dumping measures

Step 1: Examine certificates of origin (C/O)

- Case 1: Failure to present a C/O shall be met with antidumping tax of 37,29%.

- Case 2: Presentation of a C/O from a country/territory other than the 4 countries/territories met with antidumping tax shall result in not being subject to antidumping tax.

- Case 3: Presentation of a C/O from any of the 4 countries/territories met with antidumping tax shall be proceeded to Step 2.

Step 2: Examine original copies of mill-test certificates of manufacturing companies or original copies of equivalent documents proving manufacturers (hereinafter referred to as “manufacturing company certifications”) 

- Case 1: Failure to present a manufacturing company certification displaying any of the companies specified in Column 1 Section 4 of this Notice shall be met with antidumping tax imposed on other manufacturers/exporters specified in Column 3 Section 4 of this Notice depending on country of origin.

- Case 2: Presentation of a manufacturing company certification that fails to display any of the companies specified in Column 1 Section 4 of this Notice shall be met with antidumping tax imposed on other manufacturers/exporters specified in Column 3 Section 4 of this Notice depending on country of origin.

- Case 3: Presentation of a manufacturing company certification displaying any of the companies specified in Column 1 Section 4 of this Notice shall be proceeded to Step 3.

Step 3: Examine exporting companies

- Case 1: If name of an exporting company (under purchase agreements and commercial invoices) matches any of those of the manufacturing/exporting companies specified in Column 1 or commercial companies in Column 2, said exporting company shall be subject to tax rates specified in Column 3 Section 4 of this Notice imposed on such manufacturing/exporting companies and commercial companies.

- Case 2: If name of an exporting company (under purchase agreements and commercial invoices) does not match any of those of the manufacturing/exporting companies specified in Column 1 and commercial companies in Column 2, said exporting company shall be subject to tax rates specified in Column 3 Section 4 of this Notice imposed on other manufacturers/exporters depending on country of origin.

7. Subsequent procedures

- Organizations and individuals importing goods exempted from adoption of anti-dumping measures as specified in Section 1 of this Notice shall apply for exemption as specified in Circular No. 06/2018/TT-BCT dated April 20, 2018 of Minister of Industry and Trade on elaborating to trade remedies.

Based on application for exemption from adoption of anti-dumping measures of enterprises, Ministry of Industry and Trade shall consider and issue Decisions on exemption from adoption of anti-dumping measures on a case-by-case basis.

- In case import goods are not described under Section 1 of this Notice, enterprises may request review of scope of goods as specified in Circular No. 10/2018/ND-CP dated January 15, 2018 of Government on elaborating to a number of Articles of Law on Foreign Trade Management regarding trade remedies.

8. Contact information:

Trade Remedies Authority of Vietnam - Ministry of Industry and Trade

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

Phone: +84 (24) 22 20 53 03

E-mail:

- [email protected] (Inspector Vu Quynh Giao)

- [email protected] (Inspector Nguyen Thi Phuong Trang)

Decision and Notice on results of expiry review regarding adoption of anti-dumping measures can be accessed and downloaded at website of Ministry of Industry and Trade: www.moit.gov.vn; or website of the Trade Remedies Authority of Vietnam: www.trav.gov.vn or www.pvtm.gov.vn.