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.: 2644/QD-BCT
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Hanoi, November
23, 2021
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DECISION
IMPOSITION OF
OFFICIAL ANTI-DUMPING DUTIES ON SORBITOL PRODUCTS IMPORTED FROM REPUBLIC OF
INDIA, REPUBLIC OF INDONESIA AND PEOPLE’S REPUBLIC OF CHINA
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.
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 Decision No. 1719/QD-BCT dated July
06, 2021 of the Minister of Industry and Trade of Vietnam on imposition of
provisional anti-dumping duties on certain Sorbitol products imported from
People’s Republic of China, Republic of India and Republic of Indonesia;
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 certain Sorbitol products
bearing the following HS codes, 2905.44.00 and 3824.60.00, and originating from
Republic of India, Republic of Indonesia and People’s Republic of China (case:
AD14). Further details are provided in the Announcement enclosed herewith.
Article 2. This Decision comes into force
from the date on which it is signed.
Article 3. Chief of the Ministry’s Office,
Director of Trade Remedies Authority of Vietnam, and heads of relevant agencies
and units shall implement this Decision./.
PP. MINISTER
DEPUTY MINISTER
Tran Quoc Khanh
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ANNOUNCEMENT
IMPOSITION OF
OFFICIAL ANTI-DUMPING DUTIES ON CERTAIN SORBITOL PRODUCTS IMPORTED FROM
REPUBLIC OF INDIA, REPUBLIC OF INDONESIA AND PEOPLE’S REPUBLIC OF CHINA
(Enclosed with the Decision No. 2644/QD-BCT dated November 23, 2021 of the
Minister of Industry and Trade of Vietnam)
1. Goods subject
to official anti-dumping duty
a) Name and basic properties
- Name: Sorbitol syrup
- Basic properties: Properties of sorbitol syrup
comply with Vietnam’s Standard TCVN 6466:2008 - Food additives - Sorbitol
syrup, QCVN 4-33:2020/BYT- National technical regulation of Sorbitol syrup.
b) HS codes and current import duties
Currently, goods on which the official anti-dumping
duty will be imposed bear the following HS codes:
2905.44.00 and 3824.60.00.
HS Code
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Most-favoured-nation
(MFN) tariff rate
Section VI
PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
Chapter 29
ORGANIC CHEMICALS
2905
Acyclic alcohols and their halogenated,
sulphonated, nitrated or nitrosated derivatives
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- Other polyhydric alcohols:
2905.44.00
- - D-glucitol (sorbitol)
5%
Chapter 38
MISCELLANEOUS CHEMICAL PRODUCTS
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Prepared binders for foundry moulds or cores;
chemical products and preparations of the chemical or allied industries
(including those consisting of mixtures of natural products), not elsewhere
specified or included
3824.60.00
- Sorbitol other than that of subheading 2905.44
5%
The Ministry of Industry and Trade of Vietnam may
amend and supplement the list of HS codes of the goods subject to the official
anti-dumping duty in order to ensure its conformity with the description of the
goods in question and other changes (if any).
The goods subject to the official anti-dumping duty
are imported from the Republic of India (India), the Republic of Indonesia
(Indonesia) and the People’s Republic of China (China).
2. Final
determination
In its final determination, the investigating authority
has concluded that there are: (i) dumped imports which are subject to the
investigation; (ii) material injury to the domestic industry; and (iii) a
causal link between the dumped imports and the material injury to the domestic
industry.
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3. Official
anti-dumping duty rate
No.
Name of
manufacturer/exporter
Name of
relevant trade company
Official
anti-dumping duty rate
(Column 1)
(Column 2)
(Column 3)
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India
1
Manufacturers/exporters of goods originating from
India
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52,75%
Indonesia
2
PT Sorini Agro Asia Corporindo
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44,39%
3
PT Sorini Towa Berlian Corporindo
4
Other manufacturers/exporters of goods
originating from Indonesia
-
57,55%
China
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Shandong Tianli Pharmaceutical Co., Ltd
Shandong Lianmeng International Trade Co., Ltd.
44,99%
6
Other manufacturers/exporters of goods
originating from China
-
68,50%
4. Effective date
and validity period of official anti-dumping duty
a) Effective date
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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
such 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
documentation for inspection and imposition of official anti-dumping duty
In order to determine the origin of imports on
which the anti-dumping duty is imposed, customs authorities shall examine and
check proofs of origin of the imports. A proof of origin may be in the form of:
a) Certificate of Origin (C/O); or
b) Origin declaration which must be conformable
with:
- 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;
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- The ASEAN Trade In Goods Agreement.
Contents of inspection:
Step 1. Inspect proof of origin
- Case 1: If no proof of origin is presented, the
rate of anti-dumping duty imposed shall be 68,50%.
- Case 2: If a proof of origin issued by a
competent authority of a country or territory other than India, Indonesia and
China is presented, the anti-dumping duty shall not be imposed.
- Case 3: If a proof of origin issued by a
competent authority of India, Indonesia or China is presented, guidelines in
Step 2 shall apply.
Step 2: Inspect mill-test certificate
(original) issued by the manufacturer (hereinafter referred to as
“manufacturer’s certificate”)
- Case 1: If: (i) no manufacturer’s certificate is
presented or (ii) a manufacturer’s certificate is presented but it does not
contain the name of one of the manufacturers/exporters specified in Column 1
Section 3 of this Announcement, the following rates of the anti-dumping duty
shall be imposed:
+ 52,75% with respect to goods whose proof of
origin is issued by a competent authority of India;
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+ 68,50% with respect to goods whose proof of
origin is issued by a competent authority of China.
- Case 2: If the manufacturer’s certificate that
contains the name of one of the manufacturers/exporters specified in Column 1
Section 3 hereof is presented, guidelines in Step 3 shall apply.
Step 3: Inspect manufacturer/exporter’s name
- Case 1: If name of the manufacturer or exporter
(specified in the sales contract and commercial invoice) coincides with the
name of a manufacturer or exporter specified in Column 1 or the name of the
relevant trade company specified in Column 2, the corresponding duty rate
specified in Column 3 Section 3 of this Announcement shall be imposed.
- Case 2: If name of the manufacturer or exporter
(specified in the sales contract and commercial invoice) coincides with neither
the name of a manufacturer or exporter specified in Column 1 Section 3 nor the
name of the relevant trade company specified in Column 2 Section 3, the
following rates of the anti-dumping duty shall be imposed:
+ 52,75% with respect to goods whose proof of
origin is issued by a competent authority of India;
+ 57,55% with respect to goods whose proof of
origin is issued by a competent authority of Indonesia; and
+ 68,50% with respect to goods whose proof of
origin is issued by a competent authority of China.
6. Difference in
anti-dumping duty rates
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No.
Name of
manufacturer/ exporter
Name of
relevant trade company
Provisional
anti-dumping duty rate
Official
anti-dumping duty rate
Difference
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(2)
(3)=(2)-(1)
Indonesia
1
PT Sorini Agro Asia Corporindo
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39,63%
44,39%
4,76%
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PT Sorini Towa Berlian Corporindo
-
56,46%
-12,07%
China
3
Shandong Tianli Pharmaceutical Co., Ltd
-
45,15%
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-0,16%
- If the difference in anti-dumping duty rates in
Column (3) of this table is smaller than 0 (zero), the importer shall be
entitled to refund of the overpaid amount of import duty in accordance with
Clause 5 Article 68 of the Law on Foreign Trade Management No. 05/2017/QH14.
- If the difference in anti-dumping duty rates in
Column (3) of this table is greater than or equal to 0 (zero), the importer
will not have to pay the difference.
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 Ministry of Industry
and Trade of Vietnam, the investigating authority shall notify the receipt of
applications for exemption from anti-dumping duty after the Ministry of
Industry and Trade of Vietnam issues the decision to impose trade remedies.