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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.: 1989/QD-BCT
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Hanoi, August 03,
2023
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DECISION
ON
OUTCOMES OF FIRST REVIEW OF IMPOSITION OF ANTI-DUMPING AND COUNTERVAILING
MEASURES ON CANE SUGAR PRODUCTS IMPORTED FROM THE KINGDOM OF THAILAND
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;
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. 2639/QD-BCT dated
December 02, 2022 of the Minister of Industry and Trade of Vietnam defining
functions, tasks, powers and organizational structure of the Trade Remedies
Authority of Vietnam;
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Pursuant to Decision No. 1757/QD-BCT dated
August 31, 2022 of the Minister of Industry and Trade of Vietnam on the first
review of imposition of anti-dumping and countervailing measures on cane sugar
products imported from the Kingdom of Thailand;
Pursuant to the Decision No. 2961/QD-BCT dated
December 30, 2022 of the Minister of Industry and Trade of Vietnam providing
amendments to the Decision No. 1578/QD-BC dated June 15, 2021 of the Minister
of Industry and Trade of Vietnam on imposition of official anti-dumping and
countervailing duties on cane sugar products imported from the Kingdom of
Thailand;
Pursuant to Decision No. 459/QD-BCT dated
February 24, 2023 of the Minister of Industry and Trade of Vietnam on extension
of the duration of the first review of imposition of anti-dumping and countervailing
measures on cane sugar products imported from the Kingdom of Thailand;
At the request of the Director of the Trade
Remedies Authority of Vietnam;
HEREBY DECIDES:
Article 1. The anti-dumping and countervailing duties shall be imposed
on Mitr Phol Sugar Corp., Ltd. and 04 its affiliates and Czamikow Group
Limited, Thai Roong Ruang Industry Co., Ltd and 05 its affiliates on the basis
of the outcomes of the first review of the imposition of anti-dumping and
countervailing measures on cane sugar products imported from the Kingdom of
Thailand (case: AR01. AD13-AS01). Further details are provided in the
Announcement enclosed herewith.
Article 2. Procedures for imposition of anti-dumping and countervailing
measures shall be followed in accordance with law regulations on anti-dumping
and countervailing actions against imports into Vietnam, the law on import and
export duties and relevant laws.
Article 3. Decisions on exemption from the anti-dumping and countervailing
measures issued by the Minister of Industry and Trade of Vietnam before the
effective date of this Decision shall remain valid until the expiry dates
thereof.
Article 4. This Decision comes into force from August 18, 2023.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
ANNOUNCEMENT
OUTCOMES
OF FIRST REVIEW OF IMPOSITION OF ANTI-DUMPING AND COUNTERVAILING DUTIES ON CANE
SUGAR PRODUCTS IMPORTED FROM THE KINGDOM OF THAILAND
(Enclosed with the Decision No. 1989/QD-BCT dated August 03, 2023 of the
Minister of Industry and Trade of Vietnam)
1. Description of goods on
which the anti-dumping and countervailing measures are imposed
a) Name and basic characteristics
- Scientific name: Sucrose.
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b) HS codes and import duties
The goods on which the anti-dumping and
countervailing duties are imposed bear the following HS codes: 1701.13.00;
1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91.
HS code
Description
Preferential
import duty
(MFN tariff rate)
Chapter 17
Sugars and sugar confectionery
1701
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- Raw sugar not containing added flavouring or
colouring matter:
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
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- Other:
1701.9100
- - Containing added flavouring or colouring
matter
In-quota tariff rate: 40%, out-of-quota tariff
rate: 100%
1701.99
- - Other:
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- - - Refined sugar.
In-quota tariff rate: 40%, out-of-quota tariff
rate: 85%
1701.9990
- - - Other
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
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- - Other
1702.9091
- - - Syrups
15%
The Ministry of Industry and Trade of Vietnam may
amend and supplement the list of HS codes of goods on which the anti-dumping
and countervailing duties are imposed in order to be conformable with the
description of the goods in question and other changes (if any).
2. List of manufacturers and
exporters demanding the first review and on which the anti-dumping and
countervailing duties are imposed
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Name of
manufacturer/exporter
Name of
relevant trade company
Anti-dumping
duty rate
Countervailing
duty rate
Column 1
Column 2
Column 3
Column 4
1
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United Fanner & Industry Co., Ltd.
Singburi Sugar Co., Ltd.
Mitr Kalasin Sugar Co., Ltd.
- Pacific Sugar Corporation Limited
- Czamikow Group Limited.
32,75%
0[1]%
2
Thai Roong Ruang Industry Co., Ltd.
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Baanrai Sugar Industry Co., Ltd.
Phitsanulok Sugar Co., Ltd.
The Cholburi Sugar & Trading Corp., Ltd.
Siam Sugar Export Corp Ltd.
25,73%
4,65%
The anti-dumping and countervailing duties shall be
charged as extra import duties on cane sugar products imported from the Kingdom
of Thailand, including those imported under tariff quotas.
3. Validity period of
anti-dumping and countervailing duties
The anti-dumping and countervailing duties
specified in Section 2 of this Announcement shall be imposed from the effective
date of the Decision on outcomes of the first review of imposition of
anti-dumping and countervailing duties on some cane sugar products imported
from the Kingdom of Thailand until June 15, 2026 (unless changed or extended
under a decision issued by the Ministry of Industry and Trade of Vietnam on the
basis of review of imposition of anti-dumping and countervailing measures in
accordance with regulations of law).
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Contents of inspection:
Step 1: Inspect proofs of origin and
mill-test certificate (original) issued by the manufacturer (hereinafter
referred to as “manufacturer’s certificate”)
- Case 1: If the customs declarant fails to
submit a proof of origin, the guidelines in Section 5 of the Announcement
enclosed with the Decision No. 1578/QD-BC dated June 15, 2021 of the Minister
of Industry and Trade of Vietnam on imposition of official anti-dumping and
countervailing duties on cane sugar products imported from the Kingdom of
Thailand (hereinafter referred to as “Decision No. 1578/QD-BC”) shall apply.
- Case 2: If the customs declarant submits a proof
of origin issued by a competent authority of a country or territory other than
the Kingdom of Thailand, the guidelines in Section 5 of the Announcement
enclosed with the Decision No. 1578/QD-BC shall apply.
- Case 3: If the customs declarant submits a proof
of origin issued by a competent authority of the Kingdom of Thailand but fails
to submit a manufacturer’s certificate, anti-dumping and countervailing duties
prescribed in Section 3 of the Announcement enclosed with the Decision No.
1578/QD-BC shall be imposed.
- Case 4: If the customs declarant submits a proof
of origin issued by a competent authority of the Kingdom of Thailand and a
manufacturer’s certificate which does not contain the name of one of the
manufacturers specified in Column 1 Section 2 of this Announcement,
anti-dumping and countervailing duties prescribed in Section 3 of the
Announcement enclosed with the Decision No. 1578/QD-BC shall be imposed.
- Case 5: If the customs declarant submits a proof
of origin issued by a competent authority of the Kingdom of Thailand and a
manufacturer’s certificate which contains the name of one of the manufacturers
specified in Column 1 Section 2 of this Announcement, guidelines in Step 2
hereunder shall apply.
Step 2: Inspect exporter’s name
- Case 1: If the exporter’s name (specified in the sales
contract and commercial invoice) coincides with the name of one of the
manufacturers in Column 1 Section 2 of this Announcement or the name of the
corresponding exporter in Column 2 Section 2 of this Announcement, the
corresponding anti-dumping and countervailing duty rates in the same row in
Column 3 and Column 4 Section 2 of this Announcement shall be imposed.
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5. Subsequent procedures
Pursuant to the provisions of Article 14 of the
Government's Decree No. 10/2018/ND-CP dated January 15, 2018, the Ministry of
Industry and Trade of Vietnam shall cooperate with relevant regulatory
authorities and customs authorities to provide information on the import of
goods on which the anti-dumping and countervailing duties are imposed.
[1]
Because a margin of subsidy of less than 2% is determined for the group of Mirt
Phol companies, provisions of Clause 2 Article 86 of the Law on Foreign Trade
Management shall not apply.