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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 1514/QD-BCT
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Hanoi, August 01,
2022
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DECISION
APPLICATION OF
MEASURES AGAINST EVASION OF TRADE REMEDIES ON CERTAIN CANE SUGAR PRODUCTS
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 providing
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 of Vietnam;
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 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;
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Pursuant to the Decision No. 348/QD-BCT dated
March 18, 2022 of the Minister of Industry and Trade of Vietnam on extension of
the time limit for investigation into evasion of trade remedies on certain cane
sugar products;
Pursuant to the Decision No. 943/QD-BCT dated
May 16, 2022 of the Minister of Industry and Trade of Vietnam on second
extension of the time limit for investigation into evasion of trade remedies on
certain cane sugar products;
At the request of the Director of the Trade
Remedies Authority of Vietnam;
HEREBY DECIDES:
Article 1. Measures for preventing and
countering the evasion of trade remedies are imposed on certain cane sugar
products which bear the following HS codes: 1701.13.00, 1701.14.00, 1701.91.00,
1701.99.10, 1701.99.90, and 1702.90.91, and are imported into Vietnam from the
Kingdom of Cambodia, Republic of Indonesia, Lao People's Democratic Republic,
Malaysia and the Republic of the Union of Myanmar. Further details are provided
in the Announcement enclosed herewith.
Article 2. Procedures and formalities for adopting
the abovementioned measures shall be governed by regulations of law on foreign
trade management.
Article 3. This Decision comes into force 07
(seven) days after the date of its promulgation.
Article 4. Chief of the Ministry’s Office,
Director of Trade Remedies Authority of Vietnam, and heads of relevant units
and parties shall be responsible for the implementation of this Decision./.
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PP. MINISTER
DEPUTY MINISTER
Tran Quoc Khanh
ANNOUNCEMENT
APPLICATION OF
MEASURES AGAINST EVASION OF TRADE REMEDIES ON CERTAIN CANE SUGAR PRODUCTS
(Enclosed with the Decision No. 1514/QD-BCT dated August 01, 2022 of the
Minister of Industry and Trade of Vietnam)
1. Goods
on which measures against evasion of trade remedies are imposed
a) Name and basic characteristics
- Scientific name: Sucrose.
- Common name: table sugar,
cane sugar, refined sugar, raw sugar, white sugar, granulated sugar, RE sugar,
RS sugar, etc.
b) HS codes and current import duties
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HS Code
Description
Preferential
import duty
(MFN tariff rate)
Chapter 17
Sugars and sugar confectionery
1701
Cane or beet sugar and chemically pure sucrose,
in solid form.
- Raw sugar not containing added flavouring or
colouring matter:
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1701.1300
- - Cane sugar specified in Subheading Note 2 to
this Chapter
In-quota tariff rate: 25%, out-of-quota tariff
rate: 80%
1701.1400
- - Other cane sugar
In-quota tariff rate: 25%, out-of-quota tariff
rate: 80%
- Other:
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- - Containing added flavouring or colouring
matter
In-quota tariff rate: 40%, out-of-quota tariff
rate: 100%
1701.99
- - Other:
1701.9910
- - - Refined sugar
In-quota tariff rate: 40%, out-of-quota tariff
rate: 85%
1701.9990
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In-quota tariff rate: 40%, out-of-quota tariff
rate: 85%
1702
Other sugars, including chemically pure lactose,
maltose, glucose and fructose, in solid form; sugar syrups not containing
added flavouring or colouring matter; artificial honey, whether or not mixed
with natural honey; caramel.
1702.90
- Other, including invert sugar and other sugar
and sugar syrup blends containing in the dry state 50% by weight of fructose:
- - Other
1702.9091
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15%
The Ministry of Industry and Trade of Vietnam may
amend and supplement the list of HS codes of goods on which the measures
against evasion of trade remedies are imposed in order to be conformable with
the description of the goods in question and other changes (if any).
The goods on which the measures against evasion of
trade remedies are imposed are those imported from the Kingdom of Cambodia,
Republic of Indonesia, Lao People's Democratic Republic, Malaysia and the Republic
of the Union of Myanmar.
2. Final
determination
In the final determination, the investigating
authority has concluded that:
- The use of cane sugar
materials originating from Thailand for manufacturing of cane sugar products in
question which are exported to Vietnam by enterprises of the Kingdom of
Cambodia, Republic of Indonesia, Lao People's Democratic Republic, Malaysia and
the Republic of the Union of Myanmar is considered an act of evading the
anti-dumping and countervailing duties in force under the Decision No.
1578/QD-BCT dated June 15, 2021 of the Minister of Industry and Trade of
Vietnam on imposition of official anti-dumping and countervailing duties on
certain cane sugar products imported from Kingdom of Thailand (hereinafter
referred to as “Decision No. 1578/QD-BCT”).
- The domestic production
suffers injury due to a rapid and remarkable increase in the import volume of
goods in question imported from the Kingdom of Cambodia, Republic of Indonesia,
Lao People's Democratic Republic, Malaysia and the Republic of the Union of
Myanmar. Moreover, economic indicators show that the effectiveness of the
anti-dumping and countervailing duties imposed on cane sugar products imported
from Thailand has been reduced as a result of the import of cane sugar products
from the Kingdom of Cambodia, Republic of Indonesia, Lao People's Democratic
Republic, Malaysia and the Republic of the Union of Myanmar.
3. Measures
against evasion of trade remedies
3.1. The measures against evasion of trade
remedies shall be imposed on the goods mentioned in Section 1 of this
Announcement, except the cases specified in Section 3.2 of this Announcement,
on the basis of the anti-dumping and countervailing duties prescribed in the
Decision No. 1578/QD-BCT. To be specific:
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Measures
against evasion of trade remedies
Anti-dumping
duty rate
Countervailing
duty rate
Kingdom of
Cambodia
All manufacturers and exporters of Cambodia
42,99%
4,65%
Republic
of Indonesia
All manufacturers and exporters of Indonesia
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4,65%
Lao People's
Democratic Republic
All manufacturers and exporters of Lao
42,99%
4,65%
Malaysia
All manufacturers and exporters of Malaysia
42,99%
4,65%
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All manufacturers and exporters of Myanmar
42,99%
4,65%
3.2. The goods mentioned in Section 1 of this
Announcement shall be exempt from measures against evasion of trade remedies if
they are manufactured by one of the following companies:
- PT. Kebun Tebu
Mas;
- Mitr Lao Sugar Company Limited;
- Savannakhet Sugar Corporation;
- TTC Attapeu
Sugar Cane Sole Co., LTD;
- Than Daung OO
Company Limited;
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provided that the customs declarant may present the
documents specified in Section 4 of this Announcement.
4. Determination
of goods on which measures against evasion of trade remedies are imposed
In order to determine whether or not a good is
subject to measures against evasion of trade remedies as prescribed in Section
3 of this Announcement, the customs authority shall follow the following steps:
Step 1: Examine the proof of origin according
to guidelines in Section 5 of the Announcement enclosed with the Decision No.
1578/QD-BCT
If a proof of origin is issued by a competent
authority of a country or territory other than the Kingdom of Cambodia,
Republic of Indonesia, Lao People's Democratic Republic, Malaysia or the
Republic of the Union of Myanmar is presented, the examination shall be
continued according to the guidelines in Section 5 of the Announcement enclosed
with the Decision No. 1578/QD-BCT.
If a proof of origin is issued by a competent
authority of the Kingdom of Cambodia, Republic of Indonesia, Lao People's
Democratic Republic, Malaysia or the Republic of the Union of Myanmar is
presented, the guidelines in Step 2 shall be followed.
Step 2. Examine contents of the proof of
origin
If the proof of origin shows that the imported
goods are not wholly obtained or produced goods, the measures against evasion
of trade remedies prescribed in Section 3.1 of this Announcement shall be
imposed.
If the proof of origin shows that the imported
goods are wholly obtained or produced goods, the guidelines in Step 3 shall be
followed.
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If no manufacturer’s certificate is presented or a manufacturer’s
certificate is presented but it does not contain the name of one of the
manufacturers or exporters specified in Section 3.2 of this Announcement, the
measures against evasion of trade remedies shall be imposed.
If a manufacturer’s certificate that contains the
name of one of the manufacturers or exporters specified in Section 3.2 of this
Announcement, the measures against evasion of trade remedies shall not be
imposed. To be specific:
- PT. Kebun Tebu Mas;
- Mitr Lao Sugar Company Limited;
- Savannakhet Sugar Corporation;
- TTC Attapeu Sugar Cane Sole Co., LTD;
- Than Daung OO
Company Limited;
- Ngwe Yi Pale
Sugar Company Limited.
5. Validity
period of measures against evasion of trade remedies
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6. Subsequent
procedures
Relevant parties may submit applications for review
of application of measures against evasion of trade remedies in accordance with
the provisions of Article 82 and Article 90 of the Law on Foreign Trade
Management and Chapter IV of the Decree No. 10/2018/ND-CP providing guidelines
for the Law on Foreign Trade Management regarding trade remedies./.