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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 2822/QD-BCT
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Hanoi, October
24, 2024
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DECISION
ON OUTCOMES OF
EXPIRY REVIEW OF IMPOSITION OF ANTI-DUMPING MEASURES ON SOME FLAT-ROLLED,
PAINTED PRODUCTS OF ALLOY OR NON-ALLOY STEEL IMPORTED FROM REPUBLIC OF KOREA
AND PEOPLE'S REPUBLIC OF CHINA
THE MINISTER OF INDUSTRY AND TRADE OF VIETNAM
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.
96/2022/ND-CP dated November 29, 2022 defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade of Vietnam, as
amended by the Government's Decree No. 105/2024/ND-CP dated August 01, 2024;
Pursuant to the Circular No. 37/2019/TT-BCT
dated November 29, 2019 of the Minister of Industry and Trade elaborating on
trade remedies;
Pursuant to the Circular No. 42/2023/TT-BCT
dated December 28, 2023 of the Minister of Industry and Trade of Vietnam
providing amendments to the Circular No. 37/2019/TT-BCT dated November 29, 2019
of the Minister of Industry and Trade of Vietnam elaborating on trade remedies;
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Pursuant to the Decision No. 3198/QD-BCT dated
October 24, 2019 of the Minister of Industry and Trade of Vietnam on imposition
of anti-dumping duties on flat-rolled, painted products of alloy or non-alloy
steel imported from the People's Republic of China and the Republic of Korea;
Pursuant to the Decision No. 1283/QD-BCT dated
April 20, 2021 of the Minister of Industry and Trade of Vietnam on outcomes of
first review of imposition of anti-dumping measures on some flat-rolled,
painted products of alloy or non-alloy steel imported from People's Republic of
China and Republic of Korea;
Pursuant to Decision No. 2964/QD-BCT dated
December 30, 2022 of the Minister of Industry and Trade of Vietnam providing
amendments to Decision No. 1283/QD-BCT dated April 20, 2021 of the Minister of
Industry and Trade of Vietnam on outcomes of first review of imposition of
anti-dumping measures on some flat-rolled, painted products of alloy or
non-alloy steel;
Pursuant to the Decision No. 84/QD-BCT dated
January 18, 2023 of the Minister of Industry and Trade of Vietnam on outcomes
of review of new exporters in the case of imposition of anti-dumping measures
on some flat-rolled, painted products of alloy or non-alloy steel imported from
the Republic of Korea and the People's Republic of China (case: NR02.AD04);
Pursuant to Decision No. 449/QD-BCT dated
February 24, 2023 of the Minister of Industry and Trade of Vietnam providing
amendments to the Decision No. 84/QD-BCT dated January 18, 2023 of the Minister
of Industry and Trade of Vietnam on outcomes of review of new exporters in the
case of imposition of anti-dumping measures on some flat-rolled, painted
products of alloy or non-alloy steel imported from the Republic of Korea and
the People's Republic of China;
Pursuant to the Decision No. 2751/QD-BCT dated
October 23, 2023 of the Minister of Industry and Trade of Vietnam on expiry
review investigations into imposition of anti-dumping measures on flat-rolled,
painted products of alloy or non-alloy steel imported the Republic of Korea and
the People's Republic of China;
Pursuant to the Decision No.1358/QD-BCT dated
June 05, 2024 of the Minister of Industry and Trade of Vietnam on extension of
time limit for expiry review of imposition of anti-dumping measures on
flat-rolled, painted products of alloy or non-alloy steel imported the Republic
of Korea and the People's Republic of China (case: ER01. AD04);
At the request of the Director of the Trade
Remedies Authority of Vietnam;
HEREIN DECIDES:
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Article 2. Decisions on exemption from the
anti-dumping measures imposed on some steel products specified in Article 1 of
this Decision issued by the Minister of Industry and Trade of Vietnam before
the effective date of this Decision shall still remain valid until the expiry
dates thereon.
Article 3. This Decision comes into force
from the date on which it is signed.
Article 4. The following Decisions shall
cease to have effect:
1. Decision No. 3198/QD-BCT dated October 24, 2019
of the Minister of Industry and Trade of Vietnam on imposition of anti-dumping
duties on flat-rolled, painted products of alloy or non-alloy steel imported
from the People's Republic of China and the Republic of Korea;
2. Decision No. 1283/QD-BCT dated April 20, 2021 of
the Minister of Industry and Trade of Vietnam on outcomes of first review of
imposition of anti-dumping measures on some flat-rolled, painted products of
alloy or non-alloy steel imported from People's Republic of China and Republic
of Korea;
3. Decision No. 2964/QD-BCT dated December 30, 2022
of the Minister of Industry and Trade of Vietnam providing amendments to
Decision No. 1283/QD-BCT dated April 20, 2021 of the Minister of Industry and
Trade of Vietnam on outcomes of first review of imposition of anti-dumping
measures on some flat-rolled, painted products of alloy or non-alloy steel;
4. Decision No. 84/QD-BCT dated January 18, 2023 of
the Minister of Industry and Trade of Vietnam on outcomes of review of new
exporters in the case of imposition of anti-dumping measures on some
flat-rolled, painted products of alloy or non-alloy steel imported from the
Republic of Korea and the People's Republic of China (case: NR02.AD04); and
5. Decision No. 449/QD-BCT dated February 24, 2023
of the Minister of Industry and Trade of Vietnam providing amendments to the
Decision No. 84/QD-BCT dated January 18, 2023 of the Minister of Industry and
Trade of Vietnam on outcomes of review of new exporters in the case of
imposition of anti-dumping measures on some flat-rolled, painted products of
alloy or non-alloy steel imported from the Republic of Korea and the People's
Republic of China.
Article 5. Chief of the Ministry’s Office,
Director of Trade Remedies Authority of Vietnam, and heads of relevant agencies
and units are responsible for the implementation of this Decision./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
ANNOUNCEMENT
OUTCOMES OF EXPIRY
REVIEW OF IMPOSITION OF ANTI-DUMPING MEASURES ON SOME FLAT-ROLLED, PAINTED
PRODUCTS OF ALLOY OR NON-ALLOY STEEL IMPORTED FROM REPUBLIC OF KOREA AND
PEOPLE'S REPUBLIC OF CHINA
(Enclosed with the Decision No. 2822/QD-BCT dated October 24, 2024 of the
Minister of Industry and Trade of Vietnam)
1. Goods subject
to anti-dumping duty
a) Name and basic characteristics
Goods on which the anti-dumping duty is imposed
include some flat-rolled products of alloy or non-alloy steel, whether or not
plated, and then painted.
Common name: color steel.
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The goods on which the anti-dumping duty is imposed
bear the following HS codes: 7210.70.12, 7210.70.13, 7210.70.19, 7210.70.21,
7210.70.29, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7212.40.13, 7212.40.14,
7212.40.19, 7212.40.91, 7212.40.99, 7225.99.90, 7226.99.19, 7226.99.99.
The Ministry of Industry and Trade of Vietnam may
amend and supplement the list of HS codes of goods on which the anti-dumping
measure is imposed in order to ensure its conformity with the description of
the goods in question and other changes (if any).
c) Origin: The goods on which the
anti-dumping duty is imposed are those originating from the Republic of Korea
(Korea) and the People's Republic of China (China).
d) Goods exempted from the anti-dumping measure
(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.
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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
Trade Remedies Authority of Vietnam affiliated to the Ministry of Industry and
Trade of Vietnam in accordance with the provisions of the Circular No.
37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade of
Vietnam and the Circular No. 42/2023/TT-BCT dated December 28, 2023 of the
Minister of Industry and Trade of Vietnam.
2. Expiry review
determination
The investigating authority determines that the
expiry of the anti-dumping measure is likely to result in the continuation or
resumption of dumping of the goods subject to review which will cause material
injury to the domestic industry.
The investigating authority has sent the draft
copies of its final determination of the expiry review to relevant parties for
their opinions as prescribed.
3. Duty rates and
list of companies subject to the anti-dumping duty
No.
Name of
manufacturer/exporter
Name of
relevant trade company
Official
anti-dumping duty rate
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(Column 1)
(Column 2)
(Column 3)
1
Shandong Province Boxing County Juxinyuan
Precision Sheet Co., Ltd.
Shandong Julong Steel Plate Co., Ltd.
17,43%
2
Yieh Phui (China) Technomaterial Co., Ltd.
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2,56%
3
Shandong Zhongtai Steel., Ltd.
Qingdao Shengheng Weiye International Trading
Co., Ltd.
16,58%
4
Shandong Sanyi Industry Co., Ltd.
Shandong Hiking International Commerce Group Co.,
Ltd.
18,22%
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Zibo Xincheng Materials Co., Ltd.
Shandong Hiking International Commerce Group Co.,
Ltd.
18,36%
6
Shandong Rio Tinto New Material Co., Ltd.
Shandong Hiking International Commerce Group Co.,
Ltd.
30,61%
7
Shangdong Boxing County Fada Material Co., Ltd.
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2. Wuhan Baolixin Trading Company Limited
3. Qingdao Fortune Land International Trade Co.,
Ltd.
34,27%
8
Wuhan Hanke Color Metal Sheet Co., Ltd.
Wuhan Baolixin Trading Company Limited
34,27%
9
Shandong Longfa Steel Plate Co., Ltd.
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21,03%
10
Shandong Ye Hui Coated Steel Co., Ltd.
Shandong Boxing Ying Xiang International Trade
Co., Ltd.
7,58%
11
Shandong Boxing Huaye Industry & Trade Co.,
Ltd.
1. Shandong Gengxiang Import and Export Trade
Co., Ltd.
2. Gansu Nuokeda Trading Co., Ltd.
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4. Qingdao Fortune Land International Trade Co.,
Ltd
34,27%
12
Hangzhou Fuyuanhua Colour Steel Co., Ltd.
Hefei Hexing Coated Steel Co., Ltd.
24,24%
13
Jiangsu East Steel Co., Ltd.
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14
Shandong Huijin Color Steel Co., Ltd.
LS (Shanghai) International Trading Co., Ltd.
22,77%
15
Shandong Boxing Fyada New Materials Co., Ltd.
Shandong Glory Import & Export Co., Ltd.
10,17%
16
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Shandong Ruichen Industry and Trade Co., Ltd.
21,71%
17
Zhejiang Huada New Materials Co., Ltd.
Hefei Hexing Coated Steel Co., Ltd.
34,27%
18
Zhejiang Yintu New Buildings Materials Co., Ltd.
AHCOF International Development Co., Ltd.
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19
Bazhou Shengfang Zhixing Pipe Making Co., Ltd.
Qingdao Fortune Land International Trade Co.,
Ltd.
34,27%
20
Boxing Hengrui New Material Co., Ltd
1. Zhejiang Junjing Zhiye International Trade
Co., Ltd
2. Zhejiang Wanxihongyue International Trading
Company
0%
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Other exporters of goods originating from China
34,27%
22
Dongkuk Steel Mill. Co., Ltd.
SK Networks. Co., Ltd.
10,48%
23
KG Dongbu Steel Co., Ltd
ST. International
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24
Other exporters of goods originating from Korea
19,25%
4. Period of
validity of the anti-dumping measure
The anti-dumping duties specified in Section 3
above shall be imposed from October 24, 2024 to October 23, 2029 (unless
changed or extended under a decision issued by the Ministry of Industry and
Trade of Vietnam on the basis of outcomes of its review of imposition of
anti-dumping measure in accordance with regulations of law).
5. Procedures and
required documentation for inspection and imposition of the anti-dumping
measure
In order to determine whether an imported good is
subject to the anti-dumping duties or not, customs authorities shall examine
and inspect proofs of origin, manufacturer’s certificate and other relevant
documents. A proof of origin may be in the form of:
a) Certificate of Origin (C/O); or
b) Origin declaration which must be conformable
with:
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- The Regional Comprehensive Economic Partnership
(RCEP) Agreement;
- The Free Trade Agreement between the Socialist
Republic of Vietnam and the European Union;
- The Free Trade Agreement between the Socialist
Republic of Vietnam and the United Kingdom of Great Britain and Northern
Ireland;
- The ASEAN Trade in Goods Agreement; and
- The Free Trade Agreement between the Government
of the Socialist Republic of Vietnam and the Government of the State of Israel.
Contents of inspection:
Step 1. Inspect proof of origin
- Case 1: If no proof of origin is presented, the
rate of anti-dumping duty imposed shall be 34,27%.
- Case 2: If a proof of origin issued by a
competent authority of a country or territory other than Korea or China is
presented, the anti-dumping duty shall not be imposed.
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Step 2: Inspect mill-test certificate
(original) issued by the manufacturer (hereinafter referred to as
“manufacturer’s certificate”)
- Case 1: If: (i) no manufacturer’s certificate is
presented or (ii) a manufacturer’s certificate is presented but it does not
contain the name of one of the manufacturers specified in Column 1 Section 3 of
this Announcement, the rate of the anti-dumping duty imposed shall be 34,27% in
respect of the goods whose proof of origin is issued by a competent authority
of China or 19,25% in respect of the goods whose proof of origin is issued by a
competent authority of Korea.
- Case 2: If the manufacturer’s certificate that
contains the name of one of the manufacturers specified in Column 1 Section 3
hereof is presented, guidelines in Step 3 shall apply.
Step 3: Inspect exporter’s name
- Case 1: If the exporter’s name (specified in the
sales contract and commercial invoice) coincides with the name of a
manufacturer or exporter in Column 1 Section 3 or the name of the relevant
trade company in Column 2 Section 3, the corresponding duty rate in the same
row in Column 3 Section 3 of this Announcement shall be imposed.
- Case 2: If the exporter’s name (specified in the
sales contract and commercial invoice) coincides with neither the name of a
manufacturer or exporter in Column 1 Section 3 nor the name of the relevant
trade company in Column 2 Section 3, the rate of the anti-dumping duty imposed
shall be 34,27% in respect of the goods whose proof of origin is issued by a
competent authority of China or 19,25% in respect of the goods whose proof of
origin is issued by a competent authority of Korea.
6. Subsequent
procedures
After this Decision comes into force, the Ministry
of Industry and Trade of Vietnam shall cooperate with relevant regulatory
authorities in inspecting, monitoring and supervising the efficiency in
implementation of this Decision on the basis of the information on the import
of the goods subject to the anti-dumping duty and the goods found to be likely
to circumvent the anti-dumping measures provided by customs authorities in
accordance with provisions of Article 14 of the Government's Decree No.
10/2018/ND-CP dated January 15, 2018 providing on guidelines for the Law on
Foreign Trade Management regarding trade remedies.