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.: 2302/QD-BCT
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Hanoi, October
13, 2021
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DECISION
IMPOSITION OF
OFFICIAL ANTI-DUMPING DUTIES ON SOME POLYESTER YARN PRODUCTS IMPORTED FROM
PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDIA, REPUBLIC OF INDONESIA AND
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 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;
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. 2080/QD-BCT dated
August 31, 2021 of the Minister of Industry and Trade on imposition of
provisional anti-dumping duties on certain polyester yarn products imported
from People’s Republic of China, Republic of India, Republic of Indonesia and
Malaysia;
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 polyester yarn products
bearing the following HS codes, 5402.33.00, 5402.46.00 and 5402.47.00, and
originating from People’s Republic of China, Republic of India, Republic of
Indonesia and Malaysia (case: AD10). Further details are provided in the
Announcement enclosed herewith.
Article 2. This Decision comes into force 03
(three) days after the date of its promulgation.
Article 3. Decision No. 2080/QD-BCT dated
August 31, 2021 of the Minister of Industry and Trade shall cease to have
effect from the effective date of this Decision.
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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ANNOUNCEMENT
IMPOSITION OF
OFFICIAL ANTI-DUMPING DUTIES ON CERTAIN POLYESTER YARN PRODUCTS IMPORTED FROM
PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDIA, REPUBLIC OF INDONESIA AND
MALAYSIA
(Enclosed with the Decision No. 2302/QD-BCT dated October 13, 2021 of the
Minister of Industry and Trade)
1. Goods
subject to anti-dumping duty
Polyester yarn products are the goods subject to
the official anti-dumping duty, including the following types: polyester
partially oriented yarn (POY), polyester drawn textured yarn (DTY) and
polyester fully drawn yarn (FDY).
The goods subject to the official anti-dumping duty
bear the following HS codes: 5402.33.00, 5402.46.00, 5402.47.00. The following
import duties are currently imposed on the goods subject to the official
anti-dumping duty:
HS code
Description
Ordinary
duty rate
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ACFTA tariff
rate
AIFTA tariff
rate
ATIGA tariff
rate
CPTPP tariff
rate
Section XI
TEXTILES AND TEXTILE ARTICLES
Chapter 54
Man-made filaments; strip and the like of
man-made textile materials
5402
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- High tenacity yarn of
nylon or other polyamides, whether or not textured:
5402.33.00
- - Of polyesters
4,5%
3%
0%1
*2
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5402.46.00
- - Other, of polyesters,
partially oriented
4,5%
3%
0%3
*
0%
5402.47.00
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4,5%
3%
0%4
*
0%
The Ministry of Industry and Trade may amend and
supplement the list of HS codes of the goods subject to the official
anti-dumping duty in order to be conformable 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 People’s Republic of China (China), the Republic of India
(India), the Republic of Indonesia (Indonesia ) and Malaysia.
2. Final
determination
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3. Official
anti-dumping duty rate
The official anti-dumping duty shall be charged as
an extra import duty on the goods described in Section 1 of this Announcement
and originating from China, India, Indonesia and Malaysia. The specific duty
rate imposed on each manufacturer or exporter is as follows:
No.
Name of
manufacturer/ exporter
* Name of relevant trade company
Official
anti-dumping duty rate
(Column 1)
(Column 2)
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INDIA
1
Beekaylon Synthetics Pvt. Ltd
54,90%
2
Dodhia Synthetics Private Limited
54,90%
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Polygenta Technologies Limited
54,90%
4
Other entities manufacturing or exporting goods
originating from India
54,90%
INDONESIA
5
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21,94%
6
PT. Indorama Ventures Indonesia
21,94%
7
PT. Indo-rama Synthetics TBK
8
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9
PT. YKK Zipper Indonesia
21,94%
10
Other entities manufacturing or exporting goods
originating from Indonesia
21,94%
MALAYSIA
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Recron (Malaysia) SDN BHD
21,45%
12
Other entities manufacturing or exporting goods
originating from Malaysia
21,45%
CHINA
13
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- Everest Textile (Shanghai) Ltd.;
- Far Eastern Dyeing and Finishing (Suzhou) Ltd.;
- Far Eastern Polytex (Vietnam)
Ltd.;
12,86%
14
Fujian Jinlun Fiber Shareholding
Company Limited
17,45%
15
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- Hua Feng Group Inc.;
- Litchi International Holdings
Limited;
- Fujian Litchi Trade Co., Ltd.
17,45%
16
Ailisi (Putian) Woven Fiber
Products Co., Ltd.
17
Putian Hesen Textile Co., Ltd
18
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- Jinjiang Jinxing Trading Co.,
Ltd.
17,45%
19
Jinjiang Jinfu Chemical Fiber and
Polymer Co., Ltd.
20
Jinxing (Fujian) Chemical Fiber
Textile Industry Co., Ltd.
21
Hangzhou Lan Fa Textile Co., Ltd.
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22
Hangzhou Qinyun Holding Group Co.,
Ltd.
17,45%
23
Huaxiang (China) Premium Fibre Co.,
Ltd
Zhejiang Materials Industry
Chemical Group Co., Ltd.
14,26%
24
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Samsung C&T Corporation
11,45%
25
Jiangsu Deli Chemical Fibre Co.,
Ltd
26
Jiang Su Hengke Advanced Materials
Co., Ltd.
27
Nan Ya Draw-Textured Yam (Kunshan)
Co., Ltd.
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28
Rongsheng Petrochemical Co., Ltd.
17,45%
29
Zhejiang Juxing Chemical Fibre Co.,
Ltd
30
Zhejiang Shengyuan Chemical Fibre
Co., Ltd.
31
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Jiangsu Shenghong Technology
Trading Co., Ltd.
17,45%
32
Jiangsu Zhonglu Technology
Development Co., Ltd.
33
Jiangsu Guowang High-Technique
Fiber Co., Ltd
34
Jiangsu Suzhen Biology Engineering
Co., Ltd.
35
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36
Suzhou Yangsheng Textile Technology
Co., Ltd.
Yibin Bestyle Trading Co., Ltd.
17,45%
37
Taicang Weihao Chemical Fiber Co.,
Ltd.
Hangzhou Yucheng New Material
Technology Co., Ltd.
17,45%
38
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11,62%
39
Tongxiang Hengji Chemical Fibre
Co., Ltd.
40
Tongkun Group Zhejiang Heng Sheng
Chemical Fibre Co., Ltd.
41
Tongkun Group Zhejiang Heng Tong
Chemical Fibre Co., Ltd.
42
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43
Tongkun Group Zhejiang Hengteng
Differential Chemical Fiber Co., Ltd.
44
Tongxiang Zhongzhou Chemical Fibre
Co., Ltd
45
Toray Fibers (Nantong) Co., Ltd
- Toray Industries, Inc.;
- Toray International, Inc.;
- Toray International Taipei, Inc.;
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- Toray Industries (H.K.)Ltd.
3,36%
46
Xiamen Xianglu Chemical Fiber Co.,
Ltd.
17,45%
47
Xianglu Fibers (Haicheng) Co., Ltd.
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48
Xinfengming Group Huzhou Zhongshi
Technology Co., Ltd.
Zhejiang Xinfengming Import and
Export Co., Ltd.
10,85%
49
Tongxiang Zhongwei Chemical Fiber
Co., Ltd.
50
Tongxiang Zhongchen Chemical Fiber
Co., Ltd.
51
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52
Tongxiang Zhongying Chemical Fiber
Co., Ltd.
53
Xinfengming Group Co., Ltd.
54
Huzhou Zhongyue Chemical Fiber Co.,
Ltd.
55
Tongxiang Zhongchi Chemical Fiber
Co., Ltd
56
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Samsung C&T Corporation
3,44%
57
Hangzhou Yijing Chemical Fiber Co.,
Ltd.
58
Zhejiang Hengyi High-Tech Materials
Co., Ltd.
59
Zhejiang Hengyi Polymer Co., Ltd.
60
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61
Zhejiang Henglan Technology Co.,
Ltd.
62
Taicang Yifeng Chemical Fiber Co.,
Ltd.
63
Zhejiang Shuangtu New Material Co.,
Ltd.
64
Jiaxing Yipeng Chemical Fiber Co.,
Ltd.
65
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Hangzhou Huaxin Advanced Fiber
Trading Co., Ltd
17,45%
66
Zhejiang Huaxin High-Tech Co., Ltd.
67
Zhejiang Tiansheng Chemical Fiber
Co., Ltd.
9,47%
68
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17,45%
4. Validity
period of official anti-dumping duty
a) Effective date
The official anti-dumping duty shall be imposed 03
(three) days after the date of promulgation of the Decision on imposition of
official anti-dumping duty.
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).
5. Procedures
and dossiers for inspection and imposition of official anti-dumping duty
In order to determine the origin of imports on
which the official anti-dumping duty is imposed, customs authorities shall
examine and check proofs of origin of the imports and manufacturer’s
certificate.
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a) Certificate of Origin (C/O); or
b) Origin declaration which must be conformable
with:
- The ASEAN Trade In Goods
Agreement;
- The Comprehensive and
Progressive Agreement for Trans-Pacific Partnership;
- The Free Trade Agreement
between the Socialist Republic of Vietnam and the European Union; and
- The Free Trade Agreement
between the Socialist Republic of Vietnam and the United Kingdom of Great
Britain and Northern Ireland.
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 54,90%.
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- Case 3: If a proof of origin
issued by a competent authority of China, India, Indonesia or Malaysia 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:
+ 17,45% with respect to goods whose proof of
origin is issued by a competent authority of China;
+ 54,90% with respect to goods whose proof of origin
is issued by a competent authority of India;
+ 21,94% with respect to goods whose proof of
origin is issued by a competent authority of Indonesia; and
+ 21,45% with respect to goods whose proof of
origin is issued by a competent authority of Malaysia;
- 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
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- 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:
+ 17,45% with respect to goods whose proof of
origin is issued by a competent authority of China;
+ 54,90% with respect to goods whose proof of
origin is issued by a competent authority of India;
+ 21,94% with respect to goods whose proof of
origin is issued by a competent authority of Indonesia; and
+ 21,45% with respect to goods whose proof of
origin is issued by a competent authority of Malaysia;
6. Difference
in anti-dumping duty rates
In this case, the manufacturers or exporters named
hereunder are entitled to difference between the official anti-dumping duty
rate and the provisional anti-dumping duty rate:
No.
Name of
manufacturer/ exporter
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Provisional
anti-dumping duty rate
Official
anti-dumping duty rate
Difference
(1)
(2)
(3)=(2)-(1)
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1
Recron (Malaysia) SDN BHD
21,23%
21,45%
0,22%
2
Other entities manufacturing or exporting goods
originating from Malaysia
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21,45%
0,22%
CHINA
3
Far Eastern Industries (Shanghai)
Ltd.
- Everest Textile (Shanghai) Ltd.;
- Far Eastern Dyeing and Finishing
(Suzhou) Ltd.;
- Far Eastern Polytex (Vietnam)
Ltd.;
17,45%
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-4,59%
4
Fujian Zhengqi High- Tech Fiber
Technology Co., Ltd.
- Jinjiang Jinxing Trading Co.,
Ltd.
11,24%
17,45%
6,21%
5
Jinjiang Jinfu Chemical Fiber and
Polymer Co., Ltd.
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Jinxing (Fujian) Chemical Fiber
Textile Industry Co., Ltd.
7
Hangzhou Lan Fa Textile Co., Ltd.
16,31%
15,55%
-0,76%
8
Jiangsu Hengli Chemical Fibre Co.,
Ltd.
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11,41%
11,45%
0,04%
9
Jiangsu Deli Chemical Fibre Co.,
Ltd.
10
Jiang Su Hengke Advanced Materials
Co., Ltd.
- 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 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.
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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, the investigating authority shall notify the receipt of applications
for exemption from anti-dumping duty after the Ministry of Industry and Trade
issues the decision to impose trade remedies.
1 Not applicable to goods originating from
China
2 *: Goods without tax
commitments under the Agreement
3 Not applicable to goods originating from
China
4 Not applicable to goods originating from
China