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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 2386/QD-BCT
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Hanoi, September
06, 2024
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DECISION
REVIEW OF
APPLICATION OF MEASURES AGAINST CIRCUMVENTION OF TRADE REMEDIES ON CERTAIN CANE
SUGAR PRODUCTS
(case: AR01. AC02. AD13-AS01)
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.
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 Government’s Decree No.
105/2024/ND-CP dated August 01, 2023 providing amendments to the Government’s
Decree No. 96/2022/ND-CP dated November 29, 2022 defining the functions, tasks,
powers and organizational structures of the Ministry of Industry and Trade of
Vietnam and the Government’s Decree No. 26/2018/ND-CP dated February 28, 2018
introducing the Charter on organization and operation of Vietnam Electricity;
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;
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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;
Pursuant to the Decision No. 1514/QD-BCT dated
August 01, 2022 of the Minister of Industry and Trade of Vietnam on application
of measures against circumvention of trade remedies on certain cane sugar
products;
Pursuant to the Decision No. 2960/QD-BCT dated
December 30, 2022 of the Minister of Industry and Trade of Vietnam providing
amendments to Decision No. 1514/QD-BCT dated August 01, 2022 on application of
measures against circumvention of trade remedies on certain cane sugar
products;
Pursuant to Decision No. 1989/QD-BCT dated
August 03, 2023 of the Minister of Industry and Trade of Vietnam on outcomes 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;
HEREIN DECIDES:
Article 1. A review of the
application of measures against circumvention of trade remedies 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, will be
initiated. Further details of the review are provided in the Announcement
enclosed herewith.
Article 2. Procedures for conducting the
review shall be followed in accordance with Vietnam regulations of law on trade
remedies.
Article 3. Procedures for initiating and
conducting the review shall be followed in a manner that must not obstruct the
application of measures against circumvention of trade remedies in force.
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Article 5. The Chief of the Ministry Office,
The Director of Trade Remedies Authority of Vietnam, and relevant parties are
responsible for the implementation of this Decision./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
ANNOUNCEMENT
REVIEW OF
APPLICATION OF MEASURES AGAINST CIRCUMVENTION OF TRADE REMEDIES ON CERTAIN CANE
SUGAR PRODUCTS (case: AR01.AC02.AD13-AS01)
(Enclosed to the Decision No. 2386/QD-BCT dated September 06, 2024 of the
Minister of Industry and Trade of Vietnam)
1. Basic information
On August 01, 2022, the Ministry of Industry and
Trade of Vietnam has promulgated the Decision No. 1514/QD-BCT regarding the
application of measures against circumvention of trade remedies on certain cane
sugar products.
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On July 16, 2024, the Trade Remedies Authority of
Vietnam has received an application for review of the measures against
circumvention of trade remedies on certain cane sugar products submitted by
Vietnam Sugarcane and Sugar Association on behalf of domestic manufacturers
(hereinafter referred to as “review application”).
2. Goods subject to review
2.1. 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.
2.2. HS codes of goods
Currently, the goods on which the measures against
circumvention of trade remedies 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.
The goods subject to the review of the application
of measures against circumvention of trade remedies are those manufactured by
PT. Kebun Tebu Mas and imported from the Republic of Indonesia.
3. Grounds, scope and contents of review
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Based on the review application and the evidence
provided in support of the review application, and pursuant to the provisions
of the 2017 Law on Foreign Trade Management and the Decree No. 10/2018/ND-CP,
the investigating authority shall conduct a review to consider whether PT.
Kebun Tebu Mas, located in Republic of Indonesia, has engaged in circumvention
of the anti-dumping and countervailing measures imposed on cane sugar products
originating from Thailand.
4. Review process and procedures
The investigating authority shall follow the
investigation and review procedures below:
4.1. Registration as interested parties
a) Pursuant to provisions of Article 6 of the
Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry
and Trade of Vietnam elaborating regulations on trade remedies, the
organizations and individuals defined in Article 74 of the Law on Foreign Trade
Management may register as interested parties in the review case with the
investigating authority in order to receive information to be publicly
disclosed during the review process, and give or provide their opinions,
comments, information and evidence relating to the matter of the review stated
in Section 3 hereof.
b) Any organization or individual that wishes to
register as an interested party shall complete the form in Appendix I enclosed
with the Circular No. 37/2019/TT-BCT and send it to the investigating authority
via the Trav Online System (an online system for receipt of trade remedy
cases-related documents) at the address https://online.trav.gov.vn within sixty
(60) working days from the effective date of the decision to initiate the
review. An application form for registration as an interested party may be also
submitted to the investigating authority by post or email.
c) The interested parties as defined in Article 74
of the Law on Foreign Trade Management shall have rights and obligations
prescribed in Article 9 of 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.
4.2. Investigation questionnaires
Pursuant to Article 57 of the Decree No.
10/2018/ND-CP:
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- The party subject to review, and
- Other interested parties as deemed necessary by
the investigating authority.
b) Within 30 days from their receipt of the
investigation questionnaire sheets, the requested parties shall submit their
fully answered questionnaires to the investigating authority. This time limit
may be extended once by the investigating authority for a period of up to 30
days on the basis of the received application for extension.
c) An investigation questionnaire sheet is
considered to have been received after 07 working days from the date on which
it is sent by the investigating authority.
4.3. On-the-spot investigations
a) Pursuant to provisions of clause 3 Article 75 of
the Law on Foreign Trade Management, the investigating authority shall, where
necessary, be entitled to conduct on-the-spot investigations, including
investigations conducted in foreign countries, to verify the truthfulness of
the information and documents provided by interested parties or to collect
additional information and documents necessary for the resolution of the trade
remedy case.
b) On-the-spot investigations shall be conducted
following the procedures in Article 12 of the Decree No. 10/2018/ND-CP.
4.4. Languages used in review
a) The Vietnamese language shall be used as the
basis for communications and documents exchanged during the review. Interested
parties are entitled to use their mother languages for communications and
documents exchanged during the review with the presence of accompanied
interpreters/translators.
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4.5. Confidentiality of information
The investigating authority shall comply with
provisions on confidentiality of information set out in clause 2 Article 75 of
the Law on Foreign Trade Management and Article 11 of the Decree No.
10/2018/ND-CP.
4.6. Cooperation during review
Pursuant to Article 10 of the Decree No.
10/2018/ND-CP:
a) If an interested party refuses access to, or
otherwise does not provide, necessary evidence, or significantly impedes the
review, findings in respect of that party can be made on the basis of the facts
available.
b) Where an interested party is found to have
provided false or misleading evidence, the evidence shall be disregarded and
findings in respect of that party can be made on the basis of the facts
available.
Interested parties are therefore encouraged to fully
cooperate during the review in order to have their rights and legitimate
benefits protected.
4.7. Review time limit
Pursuant to point c clause 1 Article 82 of the Law
on Foreign Trade Management, the review must be completed within a maximum
period of 06 months from the issue date of the review decision. Where
necessary, the review time limit can be extended once for a period of up to 03
months.
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All information should be submitted to:
Anti-dumping and Countervailing Investigation
Division
The Trade Remedies Authority of Vietnam affiliated
to the Ministry of Industry and Trade
Address: 23 Ngo Quyen Street, Hoan Kiem District,
Hanoi City, Vietnam
Telephone number: +84 73037898 (Ext. 111)
E-mail: lanhtn@moit.gov.vn
The Decision and Announcement of initiation of
expiry reviews can be found on the website of the Ministry of Industry and
Trade (www.moit.gov.vn)
or the Trade Remedies Authority of Vietnam (www.trav.gov.vn; www.pvtm.gov.vn
or https://online.trav.gov.vn).