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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. 662/QD-BCT
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Hanoi, March 12,
2025
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DECISION
OUTCOMES
OF 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.
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.
40/2024/ND-CP dated February 26, 2025 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 Circular No. 42/2023/TT-BCT
dated December 28, 2023 of the Minister of Industry and Trade of Vietnam
providing amendments to the Circular No. 37/2019/TT-BCT dated November 29, 2019
of the Minister of Industry and Trade of Vietnam elaborating on trade remedies;
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Pursuant 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 the Decision No. 1514/QD-BCT dated
August 01, 2022 regarding 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 regarding application of
measures against circumvention of trade remedies on certain cane sugar
products;
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. 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;
Pursuant to the Decision No. 2386/QD-BCT dated
September 06, 2024 of the Minister of Industry and Trade of Vietnam on review
of application of measures against circumvention of trade remedies on certain
cane sugar products (case: AR01.AC02-AD13.AS01);
At the request of the Director of the Trade
Remedies Authority of Vietnam;
HEREIN DECIDES:
Article 1. 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 manufactured by PT.
Kebun Tebu Mas (Republic of Indonesia) and imported into Vietnam, will be
taken. Further details are provided in the Announcement enclosed herewith.
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Article 3. This Decision comes into force 15 days after the date on
which it is promulgated.
Article 4. Chief of the Ministry’s Office, Director of Trade Remedies
Authority of Vietnam, and heads of relevant units and parties are responsible
for the implementation of this Decision./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
ANNOUNCEMENT
OUTCOMES
OF REVIEW OF APPLICATION OF MEASURES AGAINST CIRCUMVENTION OF TRADE REMEDIES ON
CERTAIN CANE SUGAR PRODUCTS
(case: AR01.AC02-AD13.AS01)
(Enclosed with the Decision No. 662/QD-BCT dated March 12, 2025 of the
Minister of Industry and Trade of Vietnam)
1. Goods on which measures
against circumvention of trade remedies are imposed
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- Scientific name: Sucrose.
- Common names: table sugar, cane sugar, refined
sugar, raw sugar, white sugar, granulated sugar, RE sugar, RS sugar, etc.
b) HS codes and current import duties
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.
HS code
Description
Preferential
import duty
(MFN tariff rate)
Chapter 17
Sugars and sugar confectionery
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1701
Cane or beet sugar and chemically pure sucrose,
in solid form.
- 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%
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-- Other cane sugar
In-quota tariff rate: 25%, out-of-quota tariff
rate: 80%
- Other:
1701.9100
-- Containing added flavouring or colouring
matter
In-quota tariff rate: 40%, out-of-quota tariff
rate: 100%
1701.99
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1701.9910
--- 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.
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1702.90
- Other, including invert sugar and other sugar
and sugar syrup blends containing in the dry state 50% by weight of fructose:
-- Other
1702.9091
--- Syrups
15%
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2. Review conclusion
In its review conclusion, the investigating
authority has concluded that:
PT. Kebun Tebu Mas has performed acts of
circumventing the anti-dumping and countervailing measures imposed by Vietnam
on cane sugar products imported Thailand.
3. Measures against
circumvention of trade remedies
Measures against circumvention of trade remedies
shall be imposed on the goods which are mentioned in Section 1 of this
Announcement and manufactured by PT. Kebun Tebu Mas on the basis of the
anti-dumping and countervailing duties prescribed in the Decision No.
1578/QD-BCT. To be specific:
Name of
manufacturer/exporter
Measures against
circumvention of trade remedies
Anti-dumping
duty rate
Countervailing
duty rate
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All manufacturers and exporters of
Indonesia
42,99%
4,65%
PT. Kebun Tebu Mas shall be removed from the list of
goods which are not subject to the measures against circumvention of trade
remedies in Section 3.2 of the Announcement enclosed with the Decision No.
1514/QD-BCT dated August 01, 2022.
4. Validity period of
measures against circumvention of trade remedies
The measures against circumvention of trade
remedies prescribed in Section 3 of this Announcement shall be imposed from the
day on which this Decision comes into force to the end of June 15, 2026 (unless
changed or extended under a Decision issued by the Minister of Industry and
Trade of Vietnam on the basis of outcomes of review of application of measures
against circumvention of trade remedies in accordance with regulations of
law)./.