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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 3390/QD-BCT
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Hanoi, December
21, 2020
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DECISION
IMPOSITION OF
OFFICIAL ANTI-DUMPING DUTIES ON CERTAIN COLD-ROLLED (COLD-REDUCED) STEEL
PRODUCTS IN COILS OR PLATES IMPORTED FROM 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. 2240/QD-BCT dated
August 21, 2020 of the Minister of Industry and Trade of Vietnam issuing
decision on extension of duration of anti-dumping duty investigations of
certain cold-rolled (cold-reduced) steel products in coils or plates imported
from the People's Republic of China;
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 cold-rolled
(cold-reduced) carbon steel products in coils or plates, flat-rolled alloy or
non-alloy steel products, of a width of less than 1.600mm and a thickness of
0,108mm or more but not exceeding 2,55mm, annealed or unannealed, coated or
plated with inorganic substances, not plated or coated, bearing the following
HS codes, 7209.16.10; 7209.16.90; 7209.17.10; 7209.17.90; 7209.18.91;
7209.18.99; 7209.26.10; 7209.26.90; 7209.27.10; 7209.27.90; 7209.28.10;
7209.28.90; 7209.90.90; 7211.23.20; 7211.23.30; 7211.23.90; 7211.29.20;
7211.29.30; 7211.29.90; 7225.50.90, and imported from the People's Republic of
China (case: AD08). Further details are provided in the Announcement enclosed
herewith.
Article 2. This Decision comes into force 07
days after the day 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 are responsible for the implementation of this Decision./.
MINISTER
Tran Tuan Anh
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ANNOUNCEMENT
IMPOSITION OF
ANTI-DUMPING DUTIES ON CERTAIN COLD-ROLLED (COLD-REDUCED) STEEL PRODUCTS IN
COILS OR PLATES IMPORTED FROM PEOPLE'S REPUBLIC OF CHINA
(Enclosed with the Decision No. 3390/QD-BCT dated December 21, 2020 of the Minister
of Industry and Trade of Vietnam)
1. Description of
goods on which the anti-dumping measure is imposed
Cold-rolled (cold-reduced) carbon steel products in
coils or plates, flat-rolled alloy or non-alloy steel products, of a width of
less than 1.600mm and a thickness of 0,108mm or more but not exceeding 2,55mm,
annealed or unannealed, coated or plated with inorganic substances, not plated
or coated. Current HS codes: 7209. 16.10; 7209.16.90; 7209.17.10;
7209.17.90; 7209.18.91; 7209.18.99; 7209.26.10; 7209.26.90; 7209.27.10;
7209.27.90; 7209.28.10; 7209.28.90; 7209.90.90; 7211.23.20; 7211.23.30;
7211.23.90; 7211.29.20; 7211.29.30; 7211.29.90; 7225.50.90.The abovementioned
cold-rolled steel products shall be not subject to the anti-dumping measure if they
are classified in one of the cases:
- Cold-rolled stainless steel; 1
- Silicon-electrical steel (electro-galvanized
steel);
- Tin-mill blackplate;
- High speed steel;
- Corrugated steel;
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The Ministry of Industry and Trade of Vietnam may
amend and supplement the list of HS codes of goods subject to the official
anti-dumping measure in order to ensure its conformity with the description of
the goods in question and other changes (if any).
Goods subject to the anti-dumping measure are
imported from 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; (ii) threat of
material injury to the domestic industry; and (iii) a causal link between the
dumped imports and the threat of material injury to the domestic industry.
3. List of
manufacturers/exporters subject to the anti-dumping measure and corresponding
anti-dumping duties
Column 1
Column 2
Column 3
Column 4
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Name of
manufacturer
Name of
exporter
Official
anti-dumping duty rate
1
BX Steel Posco Cold Rolled Sheet Co., Ltd.
- Benxi Iron and Steel (Group) International Economic
and Trading Co., Ltd.
- Benxi Iron and Steel Hong Kong Limited
25,22%
2
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3
Baoshan Iron & Steel Co., Ltd.
Baosteel Singapore Pte. Ltd.
15,50%
4
Wuhan Iron & Steel Co., Ltd.
5
Baosteel Zhanjiang Iron & Steel Co., Ltd.
6
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7
Angang Steel Company Limited
Angang Group Hong Kong Co., Limited
15,74%
8
Bazhou Jinshangyi Metal Products Co.,Ltd.
-
4,43%
9
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- Qilu Steel Pte. Ltd.
- Eldon Development Ltd.
25,22%
10
SD Steel Rizhao Co., Ltd.
11
Inner Mongolia Baotou Steel Union Co., Ltd.
- Baotou Steel (Singapore) Pte. Ltd.
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- Baogang Zhan Bo International Trade Limited
15,64%
12
Inner Mongolia Baotou Steel Metal Manufacturing
Co., Ltd.
13
Shougang Jingtang United Iron & Steel Co.,
Ltd.
- Shougang Holding Trade (Hong Kong) Limited
- China Shougang International Trade &
Engineering Corporation
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14
Zhangjiagang Yangtze River Cold Rolled Sheet Co.,
Ltd.
- Jiangsu Shagang International Trade Co., Ltd.
- Xinsha International Pte. Ltd.
25,22%
15
Rizhao Baohua New Materials Co., Ltd.
Baohua Steel International Pte Limited
20,79%
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Other companies of China
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25,22%
4. Period of
validity of the anti-dumping measure
The official anti-dumping duty shall be imposed for
a period of 05 (five) years starting 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 Ministry of Industry and Trade of
Vietnam).
5. Procedures and
required documentation for inspection and imposition of the anti-dumping
measure
In order to determine whether an imported good is
subject to the anti-dumping measure or not, customs authorities shall examine
and inspect proofs of origin, manufacturer’s certificate and other relevant
documents. 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:
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- The Comprehensive and Progressive Agreement
for Trans-Pacific Partnership;
- The Free Trade Agreement between the Socialist
Republic of Vietnam and the European Union.
Contents of inspection:
Step 1. Inspect proof of origin
- Case 1: If no proof of origin is presented, the
rate of the anti-dumping duty imposed shall be 25,22%.
- Case 2: If a proof of origin issued by a
competent authority of a country or territory other than China is presented,
the anti-dumping duty shall not be imposed.
- Case 3: If a proof of origin issued by a
competent authority of 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 specified in Column 2 Section 3 of
this Announcement, the rate of the anti-dumping duty imposed shall be 25,22%.
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Step 3: Inspect exporter’s name
- Case 1: If the exporter’s name (specified in the
sales contract and commercial invoice) coincides with the name of a
manufacturer in Column 2 or the name of the corresponding exporter in Column 3,
the corresponding duty rate in the same row in Column 4 Section 3 of this
Announcement shall be imposed.
- Case 2: If the exporter’s name (specified in the
sales contract and commercial invoice) coincides with neither the name of a
manufacturer in Column 2 nor the name of the corresponding exporter in the same
row in Column 3, the rate of the anti-dumping duty imposed shall be 25,22%.
6. Subsequent
procedures
Pursuant to Point b Clause 1 Article 16 of the
Circular No. 37/2019/TT-BCT, investigating authorities 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./.