Decision 880/QD-BCT 2020 on the imposition of temporary anti-dumping duties on plastic products and plastic products made from polymers from propylene originating from China, Thailand and Malaysia- xia issued by the Minister of Industry and Trade

DECISION

IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON PLASTICS AND ARTICLES THEREOF MADE OF POLYMERS OF PROPYLENE ORIGINATING FROM THE PEOPLE’S REPUBLIC OF CHINA, THE KINGDOM OF THAILAND AND MALAYSIA

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. 2334/QD-BCT dated August 05, 2019 of the Minister of Industry and Trade deciding initiation of anti-dumping duty investigations of plastics and articles thereof made of polymers of propylene originating from the People’s Republic of China, the Kingdom of Thailand and Malaysia;

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

HEREBY DECIDES:

Article 1. The provisional anti-dumping duty shall be imposed on certain plastics and articles thereof made of polymers of propylene bearing the following HS codes: 3920.20.10 and 3920.20.91, and originating from the People’s Republic of China, the Kingdom of Thailand and Malaysia (case AD07). Further details are provided in the Announcement enclosed herewith.

Article 2. This Decision comes into force 07 (seven) days after the date of its promulgation.

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

ANNOUNCEMENT

 IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON PLASTICS AND ARTICLES THEREOF MADE OF POLYMERS OF PROPYLENE ORIGINATING FROM THE PEOPLE’S REPUBLIC OF CHINA, THE KINGDOM OF THAILAND AND MALAYSIA
(Enclosed with the Decision No. 880/QD-BCT dated March 18, 2020 of Minister of Industry and Trade)

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

a) Description of goods:

The goods subject to investigation include plastics and articles thereof made of polymers of propylene of a thickness of 10 - 80 microns and a width of 115 - 7800 mm, bearing HS codes of 3920.20.10 and 3920.20.91 and liable to the import duty as follows:

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

b) Goods exempted from provisional anti-dumping duty and exemption conditions

Goods exempted from the provisional anti-dumping duty are cast polypropylene (CPP) films with the following stretching rates:

+ Horizontal stretching rate is 400% or more; and

+ Vertical stretching rate is 380% or more.

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

Goods on which the provisional anti-dumping duty is imposed are those originating from the People's Republic of China (China), the Kingdom of Thailand (Thailand) and Malaysia.

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

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

a) Effective date

The imposition of the provisional anti-dumping duty begins 07 (seven) days after the date of promulgation of the Decision on imposition of provisional anti-dumping duty.

b) Period of validity

The provisional anti-dumping duty shall be imposed for a period of 120 (one hundred and twenty) days from the date on which the Decision on imposition of provisional anti-dumping duty comes into force (unless it is extended according to Clause 1 Article 81 of the Law on foreign trade management No. 05/2017/QH14).

c) Retroactive application of anti-dumping duty

- Pursuant to Clause 4 Article 81 of the Law on Foreign Trade Management, if the final determination announced by the investigating authority indicates that there is material injury or a threat of material injury to domestic production, the Minister of Industry and Trade may decide to apply the anti-dumping duty retroactively;

- The anti-dumping duty shall be imposed retroactively on imports during the period of 90 (ninety) days prior to the date of application of the provisional anti-dumping duty if such imports are determined to be dumped and the volume or quantity of dumped imports to Vietnam increases sharply during the period between the initiation of the investigation and the application of the provisional anti-dumping duty and thus causes damage to domestic production which would be difficult to repair.

- E.g. if the application of the provisional anti-dumping duty begins on June 15, 2020 and upon the end of the official investigation period, the Minister of Industry and Trade decides to impose the official anti-dumping duty, the anti-dumping duty may be applied retroactively for the period from March 17, 2020 to June 14, 2020.

5. Procedures and dossiers for inspection and application of provisional anti-dumping duty

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

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

- Case 1: If no valid C/O is presented, the rate of the provisional anti-dumping duty is 43.04%.

- Case 2: If the presented C/O is issued by a competent authority of a country or territory other than China or Thailand or Malaysia, no provisional anti-dumping duty shall be imposed.

- Case 3: If the presented C/O is issued in by a competent authority of either China or Thailand or Malaysia, guidelines in Step 2 shall apply.

Step 2: Inspect 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 provisional anti-dumping duty imposed shall be 43.04% if C/O is issued in China or 20.35% if C/O is issued in Thailand or 23.05% if C/O is issued in Malaysia.

- Case 2: If a manufacturer’s certificate is presented but it does not contain the name of one of the companies specified in Column 1 Section 3 hereof, the rate of the provisional anti-dumping duty imposed shall be 43.04% if C/O is issued in China or 20.35% if C/O is issued in Thailand or 23.05% if C/O is issued in Malaysia.

- 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 provisional anti-dumping duty imposed shall be 43.04% if C/O is issued in China or 20.35% if C/O is issued in Thailand or 23.05% if C/O is issued in Malaysia.

6. Subsequent procedures

After the Ministry of Industry and Trade promulgates the Decision on imposition of the provisional anti-dumping duty, the investigating authority shall take charge of subsequent procedures, including:

- Carrying out on-spot verification visit;

- Organizing a public hearing;

- Sending the draft of the final determination to related parties for their opinions;

- Issuing the final determination.

7. Contact information

The Trade Remedies Authority of Vietnam affiliated to the Ministry of Industry and Trade

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

Telephone: +84 (24) 2220 5304

E-mail:

- [email protected] (Mr. Ha Tran Nhat Minh);

- [email protected] (Ms. Le Thi Kim Phung).

The decision on and the announcement of the provisional anti-dumping duty may be found and downloaded from the website of the Ministry of Industry and Trade:  www.moit.gov.vn; or of the Trade Remedies Authority of Vietnam: www.trav.gov.vn or www.pvtm.gov.vn.

1 Because the requesting party petitions for an anti-dumping investigation of plastics and articles thereof made of polymers of propylene originating from the People’s Republic of China, the Kingdom of Thailand and Malaysia, only ATIGA and ACFTA tariff schedules are used as reference.

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