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MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
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No. 1656/QD-BCT
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Hanoi, 29 April
2016
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DECISION
CONCLUSION
OF THE FIRST REVIEW ON ANTI-DUMPING MEASURES AGAINST CERTAIN IMPORTS OF
STAINLESS STEEL COLD-ROLLED PRODUCTS
MINISTER OF INDUSTRY AND TRADE
Pursuant to the Ordinance No.
20/2004/PL-UBTVQH11 dated 29 April 20014 by the Standing Committee of the
National Assembly on counter to dumped imports into Vietnam;
Pursuant to the Government’s Decree No.
90/2005/ND-CP dated 11 July 2005 on details of the enforcement of certain
articles in the Ordinance on counter to dumped imports into Vietnam;
Pursuant to the Government’s Decree No.
95/2012/ND-CP dated 12 November 2012 on functions, missions, authority and
organizational structure of the Ministry of Industry and Trade;
At the request of the Head of Vietnam
Competition Authority,
DECIDES:
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Article 2. Procedures for
imposition of anti-dumping measures shall be governed by the laws on counter to
dumped imports into Vietnam and on import tariff.
Article 3. This decision
shall come into force 15 days after the date that it is signed.
Article 4. Head of Vietnam
Competition Authority, heads of agencies, and entities concerned shall be
responsible for enforcing this Decision./.
MINISTER
Tran Tuan Anh
NOTICE
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Pursuant to the Ordinance No. 20/2004/PL-UBTVQH11
dated 29 April 2004 by Standing Committee of the National Assembly on counter
to dumped imports into Vietnam (referred to as the Anti-dumping Ordinance) and
the Decree No. 90/2005/ND-CP dated 11 July 2005 on details of the enforcement
of certain articles in the Ordinance on counter to dumped imports into Vietnam
(referred to as the Decree No. 90), the Ministry of Industry and Trade elaborates
on the revision of anti-dumping duty according to the first review on certain
stainless steel cold-rolled products originating from the People’s Republic of
China, Republic of Indonesia, Malaysia and Taiwan area under these HS codes:
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. Such products were imported into Vietnam as
follows:
1. Basic information
On September 05th 2014, the Ministry of Industry
and Trade issued the Decision No. 7896/QD-BCT on the imposition of anti-dumping
measures against certain stainless steel cold-rolled products (referred to as
“imports under investigation") imported into Vietnam from the People’s
Republic of China (“China”), Republic of Indonesia (“Indonesia"), Malaysia
(“Malaysia") and Taiwan area (“Taiwan”).
On September 15th 2015, the Ministry of
Industry and Trade received the valid petition by Posco VST Co., Ltd and Inox
Hoa Binh Joint-stock Company (the petitioners), on behalf of domestic
producers, for a review on anti-dumping duty against stainless steel
cold-rolled products imported into Vietnam according to Article 24 of the
Anti-dumping Ordinance.
On October 21st 2015, the Ministry of
Industry and Trade, after examining the local producers' petition for review,
issued the Decision No. 11353/QD-BCT on the review on anti-dumping measures
against stainless steel cold-rolled products imported into Vietnam from three
countries including China, Malaysia and Indonesia.
2. Imports under
investigation and incurring the duty
Products under investigation include stainless
steel cold-rolled coil or sheet containing a maximum of 1.2% carbon and a
minimum of 10.5% chromium with or without other elements. Stainless steel
cold-rolled coil or sheet has been annealed or heat-treated by other methods
and pickled or skin passed to remove impurities on the surface. Such products
have been subsequently processed (severed or sawed) provided that the process
does not alter their technical characteristics.
HS codes of products under investigation, as
described above, include: 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 following product types are exempt from
anti-dumping measures: (1) stainless steel cold-rolled (full hard) coil
or sheet that has not been annealed or heat-treated and (2) stainless steel
cold-rolled coil or sheet with minimum thickness of more than 3.5 mm.
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3. Anti-dumping duty
3.1. Anti-dumping duty rate as per the
conclusion of the first review
Pursuant to the Article 25 of the Anti-dumping
Ordinance and the investigation authority’s conclusion of the review, the
Ministry of Industry and Trade decided the following revision of anti-dumping
duty on foreign producers and exporters:
Country/
territory
Producer
Former
anti-dumping duty (in effect from 05 October 2014 to 13 May 2016)
New anti-dumping
duty (in effect from 14 May 2016 to 06 October 2019)
China
Shanxi Taigang Stainless Steel Co., Ltd. (STSS)
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17.47%
Other producers
4.64% - 6.87%
25.35%
Indonesia
Jindal Stainless Indonesia
3.07%
13.03%
Other producers
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13.03%
Malaysia
Bahru Stainless SDN BHD
10.71%
9.55%
Other producers
10.71%
9.55%
Taiwan
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13.79%
13.79%
Yuan Long Stainless Steel Corp.
37.29%
37.29%
Other producers
13.79%
13.79%
Anti-dumping duty rate levied on other producers
and exporters from China, Indonesia, Malaysia and Taiwan refer to the duty rate
imposed on producers and exporters whose name is not indicated in the list
above. Names of producers shall be identified according to documents and
certificates of quality and relevant papers that such producers have issued.
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- New anti-dumping duty rates shall take effect
from 14 May 2016 to 06 October 2019 (unless otherwise extended or reviewed as
per the laws).
- The duration of the anti-dumping duty may be
extended according to Chapter IV of the Ordinance No. 20.
- Entities concerned shall be entitled to petition
for anti-dumping duty review according to Article 24 of the Ordinance No. 20.
4. Formality
Importers of products under investigation, when
importing such products, must provide customs authorities with origin papers
including:
- Certificate of origin, which specifies products
originating from countries and territories indicated in Clause 3.1 of this
Notice;
- Mill-test certificates from producers located in
countries and territories indicated in Clause 3.1 of this Notice.
5. Contact
The information on decisions on anti-dumping
measure as per the review of products under investigation shall be available on
the websites of the Ministry of Industry and Trade (http://www.moit.gov.vn) and Vietnam Competition Authority (http://www.vca.gov.vn or http://www.qlct.gov.vn).
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Investigation office for domestic enterprises'
lawsuits over trade remedies - Vietnam Competition Authority - Ministry of
Industry and Trade
Address: 25 Ngo Quyen, Hoan Kiem, Hanoi, Vietnam
Telephone: (+84 4) 222.05002 (Ext. 1037, 1038)
Fax: (+84 4) 222.05003
Email: [email protected]; [email protected];
1 The duty rates announced are subject to
change upon review or extension according to the Anti-dumping Ordinance.