Title: Decision 3584/QĐ-BCT Implementation of temporary anti-dumping actions

Type: Decision

Issuing Agency: Ministry of Industry and Trade

Responsible Agency: Ministry of Industry and Trade

Issuing Date: 01-09-2016

 

Temporary anti-dumping actions shall be applied to plated steel imported into Vietnam bearing the following HS codes:7210.41.11; 7210.41.12; 7210.41.19; 7210.49.11; 7210.49.12; 7210.49.13; 7210.49.19; 7210.50.00; 7210.61.11; 7210.61.12; 7210.61.19; 7210.69.11; 7210.69.12; 7210.69.19; 7210.90.10; 7210.90.90; 7212.30.10; 7212.30.20; 7212.30.91; 7212.30.99; 7212.50.11; 7212.50.12; 7212.50.19; 7212.50.21 7212.50.22; 7212.50.29; 7212.50.91; 7212.50.92; 7212.50.99; 7212.60.10; 7212.60.20; 7212.60.90; 7225.92.90; 7226.99.11; 7226.99.91 from the People’s Republic of China (including Hong Kong) and Korea (case AD02). Details are provided in the Announcement enclosed herewith.

Procedures for implementation of temporary anti-dumping actions shall comply with regulations of law on anti-dumping.

This Decision comes into force after 15 days from the day on which it is signed.

ANNOUNCEMENT

OF TEMPORARY ANTI-DUMPING ACTIONS
(Enclosed with Decision No. 3584/QĐ-BCT dated September 01, 2016 of the Minister of Industry and Trade)

Pursuant to Ordinance on Anti-dumping No. 20/2004/PL-UBTVQH11 and the Government's Decree No. 90/2005/NĐ-CP, the Ministry of Industry and Trade hereby announce application of temporary anti-dumping actions to plated steel imported from the People’s Republic of China (including Hong Kong) and Korea (Case AD02).

1. Basic information

On March 03, 2016, the Ministry of Industry and Trade issued Decision No. 818/QĐ-BCT on investigation into application of anti-dumping actions to plated steel imported into Vietnam from China (including Hong Kong) and Korea.

On May 23, 2016, the Ministry of Industry and Trade issued Decision No. 2003/QĐ-BCT to extend the deadline for giving the preliminary determinations on the aforementioned affair (to August 03, 2016). On August 04, 2016, the Vietnam Competition Authority (the investigating authority) sent the draft preliminary determinations to relevant parties for comments.

In consideration of comments about the draft preliminary determinations, the investigating authority has completed the preliminary determinations, which is the basis for application of temporary anti-dumping actions.

2. Requesting party

The party that requests application of anti-dumping actions consists of the following four Vietnamese plated steel producers:

a) China Steel Sumikin Vietnam JSC (CSVC)

Address: My Xuan A2 Industrial Park, My Xuan hamlet, Tan Thanh district, Ba Ria – Vung Tau province, Vietnam

b. Southern Steel Sheet Co. Ltd (SSSC)

Address: Road 9, Bien Hoa I Industrial Park, Dong Nai province, Vietnam

c. Nam Kim Steel JSC

Address: N1 avenue, An Thanh Manufacturing Zone, Thuan An district, Binh Duong province, Vietnam

d. Ton Dong A Corporation

Address: No. 5, Road 5, Song Than Industrial Park, Di An ward, Di An town, Binh Duong province

3. Imports on which anti-dumping duty is imposed

3.1. Name: Plated steel

3.2. Categories: The subject merchandise includes flat-rolled carbonate steel, in rolls and not in rolls, containing by weight 0.6% or more of carbon, coated or plated with anti-corrosion metal such as zinc or aluminum or ferrous alloy using any method for coating ferrous alloy with zinc, regardless of thickness and width.

3.3. HS codes according to current Import Classification Nomenclature

HS codes of products on which anti-dumping duty is imposed  when they are imported into Vietnam 7210.41.11; 7210.41.12; 7210.41.19; 7210.49.11; 7210.49.12; 7210.49.13; 7210.49.19; 7210.50.00; 7210.61.11; 7210.61.12; 7210.61.19; 7210.69.11; 7210.69.12; 7210.69.19; 7210.90.10; 7210.90.90; 7212.30.10; 7212.30.20; 7212.30.91; 7212.30.99; 7212.50.11; 7212.50.12; 7212.50.19; 7212.50.21 7212.50.22; 7212.50.29; 7212.50.91; 7212.50.92; 7212.50.99; 7212.60.10; 7212.60.20; 7212.60.90; 7225.92.90; 7226.99.11; 7226.99.91 (totally 35 HS codes).

3.4. Basic characteristics: plated steel, coated with metal, able to resist corrosion with great adhesion and malleability. The anti-corrosion ability and other useful abilities of steel are enhanced by an appropriate ratio by weight of carbon and other elements.

3.5. Primary uses: plated steel is used as building materials, for manufacture of automobile parts, partitions, fridge back-frames, computer chassis, ventilation ducts, air conditioner backplates, glazed metal, pipes, lashing belts, furniture, doors, sliders, etc. Plated steel can also be used as background material for pre-painted galvanised iron (PPGI) Plated steel can be used in various circumstances depending on clients’ quality requirement, physical properties, class and uses of products.

4. Temporary anti-dumping duty

According to the preliminary determinations given by the investigating authority, the Ministry of Industry and Trade hereby imposes temporary anti-dumping duty on foreign producers/exporters as follows:

4.1. Regarding goods originating in China (including Hong Kong)

4.1.1. Duty rates applied to cooperative producers/exporters

No.	Name	Trade company	Temporary anti-dumping duty rate
1	Yieh Phui (China) Technomaterial Co., Ltd.	Chin Fong Metal Pte., Ltd.	4.02%
2	Bazhou Sanquiang Metal Products Co., Ltd.	Sumec International Technology Co., Ltd.	7.20%
3	BX Steel POSCO Cold Rolled Sheet Co., Ltd.	Benxi Iron and Steel International Economic and Trading Co., Ltd.	38.34%
4	Bengang Steel Plates Co., Ltd.	Benxi Iron and Steel International Economic and Trading Co., Ltd.	34.77%
5	Tianjin Haigang Steel Sheet	Tianjin Hajinde Co., Ltd.	11.87%
6	Hebei Iron & Steel Co., Ltd., Tangshan Branch	Tangshan Iron & Steel Group Co., Ltd.	20.76%
7	Wuhan Iron and Steel Company Limited	1. International Economic and Trading Corporation WISCO 2. Wugang Trading Company Limited 3. Ye-Steel Trading Co., Limited 4. Steelco Pacific Trading Limited	25.63%

4.1.2. Anti-dumping duty rate applied to other producers/exporters: 38.34%

4.2. Regarding goods originating in Korea

4.2.1. Duty rates applied to cooperative producers/exporters

Name	Trade company	Temporary anti-dumping duty rate
POSCO	1. Daewoo International Corporation 2. POSCO Asia 3. POSCO Processing & Service Co., Ltd	12.40%

4.2.2. Anti-dumping duty rate applied to other producers/exporters: 19.00%

In order to be eligible for anti-dumping duty rates applied to cooperative producers/exporters, the importer shall submit the following documents while following customs procedures:

- A commercial contract on which the exporter is one of the aforementioned producers/exporters or trade companies;

- The Mill-test Certificate or similar documents showing that the producer is one of the aforementioned producers/exporters;

- A Certificate of Origin showing that goods originate in China (including Hong Kong) or Korea.

5. Time limit for implementation of temporary anti-dumping actions

The temporary anti-dumping action comes into force after 15 days from the day on which the Ministry of Industry and Trade issues the Decision on application of temporary anti-dumping action, which is September 16, 2016. The temporary anti-dumping action shall be effective until January 13, 2017 inclusive, which is 120 days. The temporary anti-dumping action shall be lifted when the Minister of Industry and Trade issues a decision on official anti-dumping action.

Where the final decision of the Minister of Industry and Trade shows that the application of an anti-dumping action is unnecessary or the final anti-dumping duty is lower that the temporary anti-dumping duty, the tax difference shall be refunded to taxpayers as prescribed by law. Where the final anti-dumping duty is higher than the temporary anti-dumping duty, taxpayers are not required to pay the tax difference.

6. Establishments to which temporary anti-dumping action is applied

According to information provided by relevant parties and the preliminary determinations, the investigating authority determines that:

- The subject merchandise is dumped into Vietnam’s market from the subject countries with determined dumping margins;

- The domestic manufacturing has been materially injured;

- There is causality between the dumping and material injury to by domestic manufacturing.

The preliminary determinations have been sent by the investigating authority to relevant parties as prescribed by law. The summary of the preliminary determinations is provided in Appendix 1 enclosed herewith.

7. Subsequent procedures

After the temporary anti-dumping action comes into force, the General Department of Customs shall apply anti-dumping duty to the subject merchandise from producers/exporters in subject countries/territories. The specific anti-dumping duty rates are specified in Section 4 of this document.

In the next phase of investigation, the investigating authority shall visit the cooperative enterprises to verify the information they provided as the basis for recalculating the dumping margins. The visit plan and schedule shall be informed to each enterprise by the investigating authority within a reasonable time frame.

After the visit, the investigating authority shall hold a public hearing with relevant parties in order for all parties to comments. the Information about the public hearing shall be sent to relevant parties and posted on www.vca.gov.vn or www.qlct.gov.vn by the investigating authority.

After the end of the public hearing, the investigating authority shall send the draft preliminary determinations to relevant parties for comments.

The official determinations given by the investigating authority, comments of relevant parties and the Anti-dumping and Countervailing Council shall be the basis for the Minister of Industry and Trade to issue an official decision.

8. Contact:

Information about the decision on application of temporary anti-dumping action is posted on www.moit.gov.vn and www.vca.gov.vn or www.qlct.gov.vn.

Mailing address:

Address: No. 25, Ngo Quyen street, Hoan Kiem district, Hanoi, Vietnam

Tel: (+84 4) 222.05002 (extension number: 1039) or (+84 4) 222.05018

Investigator in charge:

Nguyen Thi Nguyet Nga: ngantn@moit.gov.vn

Vu Quynh Giao: giaovq@moit.gov.vn

Download Vietnamese: Decision 3584/QĐ-BCT Implementation of temporary anti-dumping actions