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MINISTRY
OF INDUSTRY AND TRADE OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
9990/QD-BCT
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Hanoi,
25 September 2013
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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:
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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.
To:
- As of Article 4;
- Government Office;
- Ministries: Finance, Foreign Affairs;
- General Department of Customs;
- Department of Import-Export;
- Departments: Hard Industry, Multilateral Trade Policy, Asia-Pacific Market;
- Filed: Administration, Vietnam Competition Authority (04).
ON
BEHALF OF THE MINISTER
DEPUTY MINISTER
Tran Quoc Khanh
NOTIFICATION
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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
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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.
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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:
Country/Territory
Name
of Exporter/Producer
Antidumping
duty rate
China
Lianzhong Stainless Steel
Corporation
6,99%
Fujian Southeast Stainless Steel
Co., Ltd.
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All other producers
6,68%
Indonesia
PT Jindal Stainless Indonesia
12,03%
All other producers
12,03%
Malaysia
Bahru Stainless Sdn. Bhd.
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All other producers
14,38%
Chinese
Taipei
Yieh United Steel Corporation
13,23%
Yuan Long Stainless Steel Corp.
30,73%
All other producers
13,23%
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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
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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].