Decision No. 9990/QD-BCT 25 September 2013, on the application of provisional antidumping duties

DECISON

ON THE APPLICATION OF PROVISIONAL ANTIDUMPING DUTIES

MINISTER OF INDUSTRY AND TRADE OF VIETNAM

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

Pursuant to Decree No. 90/2005/ND-CP dated 11 July 2005 of the Government detailing the implementation of a number of articles of the Ordinance on Anti-dumping against products imported into Vietnam;

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

At the proposal of the General Director of Vietnam Competition Authority,

DECIDE:

Article 1. Apply provisional antidumping duty on certain cold-rolled stainless steel in sheets or in coils, with thickness of 3.5 mm or less, that is annealed or otherwise heat treated and pickled or otherwise de-scaled to clean the stainless steel of excess residue. These products are further processed (to be cut or split) provided that the process does not change the specification and size of the products. Product under investigation described above are classified under HS code: 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 and imported into Vietnam from countries/territories: the People’s Republic of China, the Republic of Indonesia, Malaysia and Chinese Taipei (case no: 13-KN-BPG-01). Detailed contents can be found in Notification attached herewith this Decision.

Article 2. The procedures for applying provisional antidumping duties are implemented in accordance with laws on application of antidumping measures on products imported into Vietnam and guidelines of Ministry of Finance on collecting, paying provisional antidumping duties as provided in laws on Taxation Administration.

Article 3. This Decision takes effect after 30 days from the date of signing.

Article 4. Director General of Vietnam Competition Authority and Heads of related agencies and parties shall be responsible for implementation of this decision.

NOTIFICATION

ON THE APPLICATION OF THE PROVISIONAL ANTI-DUMPING DUTIES
(Attached with Decision No. 9990/QD-BCT dated 25 December 2013 of the Minister of Ministry of Industry and Trade)

In accordance with Ordinance no 20/2004/PL-UBTVQH11 dated 29 April 2004 of Standing Committee of National Assembly on antidumping against products imported into Vietnam and Decree no 90/2005/ND-CP dated 11 July 2005 of Government on detailing the implementation of a number of articles of the Ordinance on Anti-dumping against products imported into Vietnam, Ministry of Industry and Trade notifies the detailed notification on application of provisional antidumping duties on certain cold-rolled stainless steel imported into Vietnam originating in: the People’s Republic of China, the Republic of Indonesia, Malaysia and Chinese Taipei. The products under investigation are classified under HS code as follows: 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.

1. Background

On July 02, 2013, Ministry of Industry and Trade issued Decision no 4460/QD- BCT on initiating antidumping investigation on certain cold-rolled stainless steel in sheets or in coils (hereafter referred to as “product under investigation”) classified under above mentioned HS codes and imported in or originated from countries/territories: the People’s Republic of China (“China”), the Republic of Indonesia (“Indonesia”), Malaysia and Chinese Taipei.

2. Petitioners

Full name: POSCO VST Co., Ltd.,

Address: Room 1201, 12 floor, Diamond Plaza Building, No 34, Le Duan Street, District 1, Ho Chi Minh City

Tel: (08).3.823.2206

Fax: (08).3.823.2210

and

Full name: Inox Hoa Binh Joint Stock Company

Address: Yen Phu, Giai Pham, Yen My, Hung Yen

Tel: (84) 3213 969809

Fax: (84) 3213 969812

3. Imported products subject to provisional antidumping duties

Imported products subject to provisional antidumping duties are certain cold- rolled stainless steel cold-rolled stainless steel in sheets or in coils, with thickness of 3.5 mm or less, that is annealed or otherwise heat treated and pickled or otherwise de-scaled to clean the stainless steel of excess residue. These products are further processed (to be cut or split) provided that the process does not change the specification and size of the products. Product under investigation described above are classified under HS code: 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 basic features: Stainless steel is essentially a low carbon steel (1.2% or less by weight) which contains chromium at 10.5% or more by weight. This addition of chromium gives the steel its unique stainless, corrosion resisting properties. The chromium content of the steel allows the formation of the corrosion-resisting chromium oxide film, which is slim as invisible, adherent on the steel surface. If damaged mechanically or chemically, this film is self-healing, providing that oxygen, even in very small amounts, is present. The corrosion resistance and other useful properties of the steel are enhanced by increased chromium content and the addition of other elements such as molybdenum, nickel and nitrogen.

Main use purposes: The usage application of stainless steel include household utensils (sink, tubular interior appliances, hot water system, bath tub, boiler and others), automotive parts, building materials, kitchenware & tableware (pots, cooker, spoons and knives), water tanks, etc. Depending on the physical properties of each stainless steel.

Current import duty rates: from 0% to 10%

Originating: China, Indonesia, Malaysia and Chinese Taipei.

The following products are excluded from the scope of application of provisional antidumping duties: (1) cold-rolled stainless steel in coils or in sheets but not be annealed or heat-treated (Full Hard); (2) cold-rolled stainless steel in coils or in sheets with a thickness higher than 3.5 mm.

4. Provisional antidumping duty rates

According to the Preliminary Report of Investigating Authority, Ministry of Industry and Trade decides to apply antidumping duty rates to foreign exporters/producers as follows:

Provisional antidumping duty rate which applies to all other producers from China, Indonesia, Malaysia and Chinese Taipei is applicable rate to producers/exporters not included in above mentioned list.

According to this Decision, provisional antidumping duties are applied to all producers/exporters from such countries who directly or indirectly export product under investigation through trading companies to Vietnam.

Provisional antidumping duties are applied within 120 days since the Decision took into effected.

5. Schedule of the proceedings

After the Decision took into effected, the General Department of Vietnam Customs will apply provisional antidumping duties to imports of products of producers/exporters from countries/territories under scope of investigation.

In the next steps of the proceedings, the Investigating Authority will do on-the- spot verifications to selected companies to verify the accuracy and completeness of information which was provided by those companies for consideration and re-calculation the dumping margin for enterprises mentioned above. Plan and schedule of verifications will be announced in advanced to each company.

Detailed information related to provisional measure can be found on website of Ministry of Industry and Trade at http:///www.moit.gov.vn and website of Vietnam Competition Authority at http://www.vca.gov.vn or http://www.qlct.gov.vn)

Information should be sent to:

Investigation Office for Trade remedies of domestic enterprises

Vietnam Competition Authority

Ministry of Industry and Trade of Vietnam

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

Tel: (+84 4) 222.05002 (Ext: 1037, 1038) Fax: (+84 4) 222.05003

Email: [email protected]; [email protected]; [email protected].