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.: 235/QD-BCT
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Hanoi, February
13, 2023
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DECISION
IMPOSITION OF
OFFICIAL ANTI-DUMPING DUTIES ON TABLES, SEATS IMPORTED FROM PEOPLE'S REPUBLIC
OF CHINA AND TERMINATION OF ANTI-DUMPING DUTY INVESTIGATIONS INTO CERTAIN TABLE
AND SEAT PRODUCTS IMPORTED FROM MALAYSIA
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 Circular No. 37/2019/TT-BCT
dated November 29, 2019 of the Minister of Industry and Trade elaborating on
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 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. 1621/QD-BCT dated
August 15, 2022 of the Minister of Industry and Trade of Vietnam on extension
of duration of anti-dumping duty investigations of some table and seat products
imported from Malaysia and People’s Republic of China;
Pursuant to Decision No. 1991/QD-BCT dated
September 30, 2022 of the Minister of Industry and Trade of Vietnam on
imposition of provisional anti-dumping duties on some table and seat products
imported from Malaysia and People’s Republic of China;
Pursuant to Decision No. 2958/QD-BCT dated
December 30, 2022 of the Minister of Industry and Trade of Vietnam providing
amendments to the Decision No. 1991/QD-BCT dated September 30, 2022 of the
Minister of Industry and Trade of Vietnam on imposition of provisional
anti-dumping duties on some table and seat products;
At the request of the Director of the Trade
Remedies Authority of Vietnam;
HEREBY DECIDES:
Article 1. The
official anti-dumping duty shall be imposed on some table and seat products
bearing the following HS codes, including: 9401.31.00, 9401.39.00, 9401.41.00,
9401.49.00, 9401.61.00, 9401.69.90, 9401.71.00, 9401.79.90, 9401.80.00,
9403.30.00, imported from People’s Republic of China (case: AD16). Further
details are provided in the Announcement enclosed herewith.
Article 2. The
anti-dumping duty investigation of some table and seat products imported from
Malaysia shall be terminated and the anti-dumping duty shall not be imposed on
these products. Further details are provided in the Announcement enclosed
herewith.
Article 3. This Decision comes into force
from February 13, 2023.
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
IMPOSITION OF
OFFICIAL ANTI-DUMPING DUTIES ON TABLES, SEATS IMPORTED FROM PEOPLE'S REPUBLIC
OF CHINA
(Enclosed with the Decision No. 235/QD-BCT dated February 13, 2023 of the Minister
of Industry and Trade of Vietnam)
1. Goods subject
to the official anti-dumping duty
Goods subject to the official anti-dumping duty are
some table and seat products imported from the People’s Republic of China
(China).
1.1. Table products
a) Name and basic characteristics
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The abovementioned table products have the
following characteristics:
- The tabletop is made of MDF, HDF, LDF, Plywood,
chipboard (industrial wood) with its surface coated with melamine, paper,
varnish or laminate.
- Table legs are made of industrial wood or metal.
- Dimensions of a table:
• Length: 990mm - 3.210mm;
• Width: 590mm - 1.410mm;
• Thickness of tabletop (including coating): 12mm -
85mm.
• Height from the ground to the tabletop: 675mm -
770mm.
With regard to pairing or module tables, the
abovementioned dimensions are those of a single table.
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Table products subject to the official anti-dumping
duty bear the following HS code: 9403.30.00.
HS code
Description
Preferential
duty rate
ATIGA rate
ACFTA rate
94.03
Other furniture and parts thereof.
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9403.30.00
- Wooden furniture of a kind used in offices
25%
0%
20%
The Ministry of Industry and Trade of Vietnam may
amend and supplement the list of HS codes of goods on which the official
anti-dumping duty is imposed in order to ensure its conformity with the
description of the goods in question and other changes (if any).
c) Goods exempted from the official
anti-dumping duty
Table products may be exempted from the official
anti-dumping duty if meeting one of the following conditions:
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- Tables with round tabletop;
- Tables with their legs or tabletops fully made of
natural wood;
- Tables with their legs or tabletops fully made of
plastic materials;
- Tables fully made of, or of which at least a main
part (such as legs, tabletop or frame) is made of, cane, osier, bamboo or
similar materials;
- Tables with variable height adjustment and a
minimum adjustable height range is 95mm;
- Tables whose individual parts other than groups
of parts are put up and presented together for being assembled on site;
- Tables whose dimensions are different from those
of the table products described in the above Section 1.1 (a).
1.2. Seat products
a) Name and basic characteristics
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With regard to seat products with fixed seats but
without height adjustment, the seat height from the ground to the lowest point
of the upper surface of the seat ranges from 450mm to under 600mm.
With regard to seat products with unfixed seats
(which shall be automatically folded when they are not in use), the seat height
from the ground to the lowest point of the upper surface of the seat when they
are in use ranges from 450mm to under 600mm.
b) HS codes and current import duties
Seat products subject to the official anti-dumping
duty bear the following HS code: 9401.31.00, 9401.39.00, 9401.41.00,
9401.49.00, 9401.61.00, 9401.69.90, 9401.71.00, 9401.79.90, 9401.80.00.
The Ministry of Industry and Trade of Vietnam may
amend and supplement the list of HS codes of goods on which the official
anti-dumping duty is imposed in order to ensure its conformity with the
description of the goods in question and other changes (if any).
HS code
Description
Preferential
duty rate
ATIGA rate
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9401
Seats (other than those of heading 94.02),
whether or not convertible into beds, and parts thereof.
- Swivel seats with variable height adjustment
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9401.31.00
- - Of wood
25%
0%
5%
9401.39.00
- - Other
25%
0%
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- Seats other than garden seats or camping
equipment, convertible into beds
9401.41.00
- - Of wood
25%
0%
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9401.49.00
- - Other
25%
0%
0%
- Other seats, with wooden frames:
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9401.61.00
- - Upholstered
25%
0%
0%[1]
9401.69
- - Other:
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9401.69.90
- - - Other
25%
0%
0%[2]
- Other seats, with metal frames:
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9401.71.00
- - Upholstered
25%
0%
0%[3]
9401.79
- - Other:
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9401.79.90
- - - Other
25%
0%
0%[4]
9401.80.00
- Other seats
25%
0%
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The Ministry of Industry and Trade of Vietnam may
amend and supplement the list of HS codes of goods on which the official
anti-dumping duty is imposed in order to ensure its conformity with the
description of the goods in question and other changes (if any).
c) Goods exempted from the official
anti-dumping duty
Seat products may be exempted from the official
anti-dumping duty if meeting one of the following conditions:
- Seat products whose characteristics are different
from those of the seat products subject to the anti-dumping measure as
described above;
- Seats fully made of plastic materials;
- Seats fully made of, or of which at least a main
part (such as seat (surface), apron, seat back, legs or frames) is made of,
cane, osier, bamboo or similar materials;
- Seats with their legs made of aluminium;
- Seats whose individual parts other than groups of
parts are put up and presented together for being assembled on site.
- Seats with variable height adjustment and a
maximum height from the ground to the lowest point of the upper surface of the
seat is 600mm or more.
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In its final determination, the investigating
authority has concluded that:
(i) there are dumped goods which are imported from
China and Malaysia;
(ii) the volume of dumped goods imported from
Malaysia during the investigation is regarded as negligible (less than 3% of
total imports);
(iii) there is material injury to the domestic
industry; and
(iv) there is a causal link between the dumped imports
coming from China and the material injury to the domestic industry.
Accordingly, the Ministry of Industry and Trade of
Vietnam decides to impose the official anti-dumping duty on some table and seat
products imported from China and terminate the anti-dumping duty investigation
of some table and seat products imported from Malaysia.
3. Official
anti-dumping duties
No.
Name of
manufacturer/ exporter
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(Column 1)
(Column 2)
TABLE PRODUCTS
1
Manufacturers/exporters of goods originating from
China
35,20%
SEAT PRODUCTS
1
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21,40%
4. Effective date
and validity period of official anti-dumping duty
a) Effective date
The official anti-dumping duty shall be imposed
from the date on which the Decision on imposition of official anti-dumping duty
comes into force.
b) Validity period
The official anti-dumping duty shall be imposed for
a period of 05 (five) years from the day on which the Decision on imposition of
official anti-dumping duty comes into force (unless changed or extended under a
decision issued by the Minister of Industry and Trade of Vietnam).
5. Procedures and
required documentation for inspection and imposition of official anti-dumping
duty
In order to determine whether an imported good is
subject to the anti-dumping duty or not, customs authorities shall examine and
inspect proofs of origin of the good. A proof of origin may be in the form of:
a) Certificate of Origin (C/O); or
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- The Comprehensive and Progressive Agreement
for Trans-Pacific Partnership;
- 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; OR
- The ASEAN Trade In Goods Agreement.
Contents of inspection:
- Case 1: If a proof of origin issued by a
competent authority of a country or territory other than China is presented,
the official anti-dumping duty shall not be imposed.
- Case 2: In other cases, the following official
anti-dumping duty shall be imposed:
+ 35,20% on table products;
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6. Refund of
provisionally paid anti-dumping duties
Importers of goods which are not subject to the
official anti-dumping duty as prescribed in this Decision shall be entitled to
refund of their provisional anti-dumping duty amounts paid under the Decision
No. 1991/QD-BCT dated September 30, 2022 and the Decision No. 2958/QD-BCT dated
December 30, 2022 in accordance with regulations of law.
7. Subsequent
procedures
Pursuant to Point b Clause 1 Article 16 of the
Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry
and Trade of Vietnam, investigating authorities shall notify the receipt of
applications for exemption from the official anti-dumping duty after the
decision to impose official trade remedies has been issued.
[1]
Not applicable to goods imported from Cambodia.
[2]
Not applicable to goods imported from Cambodia or Brunei.
[3]
Not applicable to goods imported from Cambodia.
[4]
Not applicable to goods imported from Cambodia.
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