Decision 3198/QD-BCT in 2019 on the application of anti-dumping tax on a number of flat-rolled and painted alloy or non-alloy steel products originating from China and the Republic of Korea, issued by the Minister Issued by the Ministry of Industry and Trade

DECISION

IMPOSITION OF ANTI-DUMPING DUTY ON FLAT-ROLLED, PAINTED PRODUCTS OF ALLOY OR NON-ALLOY STEEL IMPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA AND REPUBLIC OF KOREA

THE MINISTER OF INDUSTRY AND TRADE

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. 98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; 

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

Pursuant to the Decision No. 3752/QD-BCT dated October 02, 2017 of the Minister of Industry and Trade defining functions, tasks, powers and organizational structure of the Trade Remedies Authority of Vietnam;

Pursuant to the Decision No. 3877/QD-BCT dated October 15, 2017 of the Minister of Industry and Trade on anti-dumping investigation into and implementation of anti-dumping measures against flat-rolled, painted, varnished or coated with plastics or otherwise coated products of alloy or non-alloy steel imported from the People's Republic of China and Republic of Korea;

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

HEREBY DECIDES:

Article 1. The anti-dumping duty is imposed on flat-rolled and painted products of alloy or non-alloy steel bearing the following HS codes: HS 7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7212.40.19, 7212.40.91, 7212.40.92, 7212.40.99, 7225.99.90, 7226.99.19, 7226.99.99 and imported into Vietnam from the People's Republic of China and Republic of Korea (case AD04). Details are provided in the Announcement enclosed herewith.

Article 2. This Decision comes into force from the date on which it is promulgated.

Article 3. Chief of the Ministry Office, Director of Trade Remedies Authority of Vietnam, and heads of relevant agencies and units shall be responsible for implementing this Decision./.

ANNOUNCEMENT

IMPOSITION OF OFFICIAL ANTI-DUMPING DUTY ON FLAT-ROLLED, PAINTED PRODUCTS, WHETHER PLATED OR NOT, OF ALLOY OR NON-ALLOY STEEL IMPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA AND REPUBLIC OF KOREA
(Enclosed to the Decision No. 3198/QD-BCT dated October 24, 2019 of the Minister of Industry and Trade)

1. Goods on which official anti-dumping duty is imposed

a) Name and basic characteristics

Goods on which the official anti-dumping duty is imposed include alloy or non-alloy steel products which are flat-rolled, plated or not, and then painted.

Common name: color steel.

b) Primary uses

- Color steel is used in construction and structures such as roofing sheets, wall panels, draperies/curtains, arris gutters, ventilation systems, etc.; - Color steel is used in civil construction such as workshops, warehouses, fences, home appliances, oil drums, etc.; - Color steel is used in interior decoration such as tables, chairs, rolling doors, accordion doors, office stationery, etc.;;

- Color steel is also used in production of water pipes, air conditioner pipes, coatings of electrical equipment, etc. and has other uses.

c) HS codes and current import duty

Goods on which the official anti-dumping duty is imposed have names and basic characteristics as mentioned in Point a Section 1 hereof and bear the following HS codes:  7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7212.40.19, 7212.40.91, 7212.40.92, 7212.40.99, 7225.99.90, 7226.99.19, 7226.99.99.

Table 1: HS codes and current import tariff schedule

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods on which the official anti-dumping duty is imposed in order to be conformable with the description of the goods subject to investigation and other changes (if any).

d) Goods exempted from the official anti-dumping duty

(i) Hot-rolled steel base products;

(ii) Products with unpainted surfaces;

(iii) High quality PCM and VCM color steel products used in electronics and household electricity fields;

(iv) PVDF painted steel products used in thermal power plants;

(v) Color steel products which cannot be manufactured domestically.

(vi) Products that are exempted from safeguard measures in the case of color steel products according to Decision No. 1931/QD-BCT dated May 31, 2017 and Decision No. 1561/QD-BCT dated June 05, 2019.

(vii) Products that are exempted from the provisional ant, i-dumping duty according to the Decision No. 1711/QD-BCT dated June 18, 2019.

The grant of exemption from the anti-dumping duty to importers of the products specified in sub-sections (i) and (ii) mentioned above shall be subject to the inspection results of customs authorities or inspection bodies as regulated by laws.

In order to obtain exemption decisions, importers of the products specified in sub-sections (iii), (iv) and (v) mentioned above shall submit applications for exemption from the anti-dumping measures to the Ministry of Industry and Trade according to the Circular No. 06/2018/TT-BCT dated April 20, 2018.

Importers of the products specified in sub-sections (vi) and (vii) mentioned above are required to submit copies of exemption decisions issued by the Ministry of Industry and Trade to customs authorities.

2. Country of manufacture/export of goods on which official anti-dumping duty is imposed

Goods on which the official anti-dumping duty is imposed are those originating from the People's Republic of China (China) and the Republic of Korea (Korea).

3. Duty rates and list of companies liable to the official anti-dumping duty  

4. Effective date and period of validity of official anti-dumping duty

a) Effective date

The official anti-dumping duty shall be imposed from the date on which the Decision on imposition of the official anti-dumping duty comes into force.

b) Period of validity

The official anti-dumping duty shall be imposed for a period of 05 years from the date on which the Decision on imposition of the official anti-dumping duty comes into force (unless it is changed according to another Decision of the Ministry of Industry and Trade based on results of review of trade remedies).

5. Procedures and dossiers for inspection and imposition of official anti-dumping duty

When following customs procedures, customs authorities shall take the following steps to determine the official anti-dumping duty:

Step 1: Inspect Certificate of Origin (C/O)

- Case 1: If no valid C/O is presented, the rate of the official anti-dumping duty is 34.27%.

- Case 2: If the presented C/O is issued in a country or territory other than China or Korea, the official anti-dumping duty shall not be imposed.

- Case 3: If the presented C/O is issued in China or Korea, guidelines in Step 2 shall apply.

Step 2: Inspect mill-test certificate (original) issued by the manufacturer or other equivalent document (original) showing the manufacturer's name (hereinafter referred to as "manufacturer's certificate")

- Case 1: If no manufacturer’s certificate containing the name of one of the companies specified in Column 1 Section 3 hereof is presented, the rate of the official anti-dumping duty imposed shall be 34.27% if C/O is issued in China or 19.25% if C/O is issued in Korea.

- Case 2: If the manufacturer’s certificate is presented but it does not contain the name of one of the companies specified in Column 1 Section 3 hereof is presented, the rate of the official anti-dumping duty imposed shall be 34.27% if C/O is issued in China or 19.25% if C/O is issued in Korea.

- Case 3: If the manufacturer’s certificate that contains the name of one of the companies specified in Column 1 Section 3 hereof is presented, guidelines in Step 3 shall apply.

Step 3: Inspect name of exporter

- Case 1: If the exporter’s name (specified in the commercial invoice) coincides with the name of the manufacturer or exporter specified in Column 1 or its corresponding relevant trade company specified in Column 2, the corresponding duty rate specified in Column 3 Section 3 hereof shall be imposed.

- Case 2: If the exporter’s name (specified in the commercial invoice) does not coincide with the name of the manufacturer or exporter specified in Column 1 or its corresponding relevant trade company specified in Column 2 Section 3 hereof, the rate of the official anti-dumping duty imposed shall be 34.27% if C/O is issued in China or 19.25% if C/O is issued in Korea.

6. Simultaneous imposition of anti-dumping duty and safeguard measures

Goods on which the official anti-dumping duty is imposed are currently the subjects of the safeguard measures according to Decision No. 1931/QD-BCT dated May 31, 2017 and Decision No. 1561/QD-BCT dated June 05, 2019.  Thus, these two measures shall be imposed simultaneously as follows:

- The rate of the anti-dumping duty imposed on goods in quota of the safeguard measure shall comply with provisions in Section 3, Section 4 and Section 5 hereof;

- The rate of the anti-dumping duty imposed on goods out of quota of the safeguard measure:

+) If the duty rate incurred by the manufacturer or exporter determined according to provisions in Section 3, Section 4 and Section 5 hereof is higher than the out-of-quota duty rate (19%) of the safeguard measure, the duty rate to be imposed shall be the corresponding anti-dumping duty rate specified in Column 3 Section 3 hereof;

+) If the duty rate incurred by the manufacturer or exporter determined according to provisions in Section 3, Section 4 and Section 5 hereof is lower than the out-of-quota duty rate (19%) of the safeguard measure, the duty rate to be imposed shall be 19%;

- In case both the Decision No. 1931/QD-BCT dated May 31, 2017 and Decision No. 1561/QD-BCT dated June 05, 2019 are no longer valid, the anti-dumping duty shall be imposed on foreign manufacturers and exporters according to provisions in Section 3, Section 4 and Section 5 hereof.

7. Difference in anti-dumping duty rates

If the official anti-dumping duty rate is lower than the provisional one, the amount of duties overpaid shall be refunded in accordance with Clause 5 Article 68 of the Law on foreign trade management No. 05/2017/QH14. Detailed differences between the official anti-dumping duty rates and the provisional ones are as follows:

Table 2: Differences between official anti-dumping duty rates and the provisional ones

- If the difference in anti-dumping duty rates specified at the Column (3) Table 2 of Section 7 is lower than zero (0), the amount of anti-dumping duty overpaid shall be refunded.  

- If the difference in anti-dumping duty rates specified at the Column (3) Table 2 of Section 7 is higher than or equal to zero (0), no additional payment of anti-dumping duty is required.

8. Subsequent procedures

If the description of imports is different from that of the goods specified in Article 1 hereof, relevant enterprises may apply for a review of scope of subject goods in accordance with the Government's Decree No. 10/2018/ND-CP dated January 15, 2018 or submit application for exemption from anti-dumping duty as prescribed in the Circular No. 06/2018/TT-BCT dated April 20, 2018 of the Minister of Industry and Trade.

Pursuant to Article 14 of the Government's Decree No. 10/2018/ND-CP dated January 15, 2018, the Ministry of Industry and Trade shall cooperate with relevant regulatory authorities and customs authorities to provide information relating to the importation of goods subject to the official anti-dumping duty.

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