Decision No. 920/QD-BCT dated March 10, 2016, global self-defence measures

DECISION

GLOBAL SELF-DEFENCE MEASURES

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Standing committee of the National Assembly’s Decree No. 42/2002/PL-UBTVQH10  dated May 25, 2002 on self-defence against imports to Vietnam;

Pursuant to the Standing committee of the National Assembly’s Decree No. 42/2002/PL-UBTVQH10  dated May 25, 2002 on self-defence against imports to Vietnam;

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Minister of Industry and Trade’s Decision No. 848/QD-BCT dated February 05, 2013 regulating functions, tasks, powers and organizational structure of Vietnam Competition Authority;

At the request of the Director of Vietnam Competition Authority,

DECISION

Article 1.Apply self-defence measures for monosodium glutamate imported to Vietnam from other countries/territories as detailed in the Notice enclosed herewith.

Article 2.Sequence and procedures on application of global self-defence are instructed in the Law on self-defence in the importation of goods to Vietnam.

Article 3.This Decision takes effect after 15 days since the signing date.

Article 4. The Director of Vietnam Competition Authority and heads of units and relevant parties shall be responsible for executing this Decision. 

NOTICE

APPLICATION OF OFFICIAL SELF-DEFENCE MEASURES
(Enclosed with the Minister of Industry and Trade’s Decision No.920/QD-BCT dated March 10, 2016)

Pursuant to the Standing committee of the National Assembly’s Ordinance No. 42/2002/PL-UBTVQH10  dated May 25, 2002 on self-defence for imports to Vietnam and Decree No. 150/2003/ND-CP dated December 08, 2003 detailing the implementation of the Ordinance, the Ministry of Industry and Trade shall detail the application of global self-defence for monosodium glutamate (MSG) imports (HS code: 2922.4220), specifically as follows:

1. Basic information

On September 1, 2015, the Ministry of Industry and Trade has  promulgated Decision No. 9269/QD-BCT on inspection of the application of self-defence for  MSG imports to Vietnam from other countries/territories.

2. Imports subject to application of self-defence measures

Imports subject to application of self-defence measures are MSG, HS code :2922.4220.

3. Global self-defence duties

The Ministry of Industry and Trade shall apply official self-defence measures in the form of import duties on foregoing goods, specifically as follows:

4. Countries/ territories exempted from application of self-defence measures

According to Article 13 of Decree No. 150/2003/ND-CP, the official self-defence measure shall be applied to all imports from various countries/territories except developing and least develop countries that account for no more than 3% of Vietnam’s total imports from countries/territories. Lists of countries/territories exempted from self-defence duties are prescribed in the Annex enclosed in this Notice.

To be eligible for exemption from self-defence duties, organizations or individuals as importers should provide to customs authority following documents:

- Certificate of Origin specifying imports originated from the countries/territories in the list in the Annex enclosed with this Notice;

- Mill-test certificate issued by producers based in the countries/territories in the Annex enclosed in this Notice;

5. Effect of global self-defence measure

The official self-defence measure shall take effect after 15 days since the Ministry of Industry and Trade makes decision on application of the measure.

6. Effective duration of global self-defence measure

Effective duration of self-defence measure is four years since the decision on application of the measure takes effect (if application is not extended).

7. Foundations for application of self-defence measure

Based on information provided by relevant parties and foregoing analysis, the Investigation agency has come to following conclusions:

- Quantity of MSG imported to Vietnam shows a sudden increase, both in absolute and relative terms, during the investigation stage.

- Domestic production suffers a great deal in market share, production, capacity, sales, profits, investment and workforce during the investigation stage.

- The increase in imports is the major cause of damage to domestic production.

- The decrease in economic development in China in 2014 and US imposed anti-dumping duties on MSG imports from China are considered as ‘unpredictable elements' and the cause of proliferation of imports to Vietnam.

8. Next procedures

After the self-defence measures takes effect, the General Department of Customs shall carry out application of collection of import duties according to the roadmap specified in Point 3 above for goods subject to investigation from countries/territories other than countries/territories in the Annex enclosed with the Notice.

9. Contact information

Information about application of self-defence measures for MSG is accessible to via the portal 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)

Any communication information or comment should be dispatched to:

Lawsuit Investigation Office - Vietnam Competition Authority - The Ministry of Industry and Trade

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

Phone number: (+84 4) 222.05002 (Extension: 1038) (Mr. Truong Hung)

Facsimile: (+84 4) 222.05003

Email: [email protected] or [email protected].

ANNEX

(Enclosed with the Notice about application of self-defence measure enclosed with the Minister of Industry and Trade’s Decision No.920/QD-BCT dated March 10, 2016)

1. Sub-Saharan Africa:

2. Asia Pacific

3. Europe and Central Asia

4. Latin America and the Carribean

5. Middle East and North Africa

6. South Asia