Quyết định 1282/QĐ-BCT năm 2021 về kết quả rà soát lần thứ nhất việc áp dụng biện pháp chống bán phá giá sản phẩm nhôm có xuất xứ từ Trung Hoa do Bộ Công thương ban hành

DECISION

ON THE FIRST REVIEW OF IMPOSITION OF ANTI-DUMPING MEASURES ON ALUMINUM PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA

THE MINISTER OF INDUSTRY AND TRADE

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;

Pursuant to Decision No. 2942/QD-BCT dated September 28, 2019 of the Minister of Industry and Trade on Minister of Industry and Trade on imposition of official anti-dumping measures aluminum products imported from the People’s Republic of China;

Pursuant to Decision No. 2994/QD-BCT dated November 18, 2020 of the Minister of Industry and Trade on Minister of Industry and Trade on the first review of imposition of official anti-dumping measures aluminum products 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 anti-dumping measures shall be imposed on certain aluminum products, alloyed or not alloyed, in bars, rods and profiles, extruded, surface treated or not, further worked or not, classified into the following HS codes: 7604.10.10, 7604.10.90, 7604.21.90, 7604.29.10, 7604.29.90, and imported into Vietnam from People's Republic of China based on the first review (case: AR01.AD05). Further details are provided in the Announcement enclosed herewith.

Article 2. Procedures for imposition of anti-dumping measures shall comply with regulations and laws on anti-dumping of goods imported to Vietnam, laws on export and import duties and the relevant laws and regulations.

Article 3. This Decision supersedes Decision No. 2942/QD-BCT dated September 28, 2019 of the Minister of Industry and Trade on Minister of Industry and Trade on imposition of official anti-dumping measures aluminum products imported from the People’s Republic of China.

Article 4. Decisions on exemption from imposition of anti-dumping measures already issued before the effective date of this Decision shall remain effective until their expiry.

Article 5. This Decision comes into force 05 (five) days after the date of its promulgation.

Article 6. Director of Trade Remedies Authority of Vietnam, and heads of relevant agencies and units shall be responsible for implementing this Decision./.

ANNOUNCEMENT

IMPOSITION OF OFFICIAL ANTI-DUMPING MEASURES ALUMINUM PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA BASED ON THE FIRST REVIEW
(Enclosed with the Decision No. 1282/QD-BCT dated April 20, 2021 of the Minister of Industry and Trade)

1. Description of goods on which the official anti-dumping duty is imposed

- Description: The goods being reviewed are aluminum and articles thereof; alloyed or not alloyed; in bars, rods and profiles, extruded, surface treated or not, further worked or not. These products have the same allotrope and cubic structure, may have various designs of shapes and sections, and different color coatings, and may be recycled.

- HS codes: 7604.10.10; 7604.10.90; 7604.21.90; 7604.29.10; 7604.29.90

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods on which the anti-dumping measure is imposed in order to be conformable with the description of the goods in question and other changes (if any).

2. Country of origin of goods on which the official anti-dumping measure is imposed

Goods on which the official anti-dumping measure is imposed are imported from the People's Republic of China (China).

3. List of manufacturers, exporters liable to the anti-dumping measure and respective anti-dumping duty rates

4. Period of validity of imposition of anti-dumping measure

The anti-dumping measure specified in Section 3 shall be imposed from the effective date of the Decision on the first review result of the imposition of official anti-dumping measures aluminum products imported from the People’s Republic of China (except for eligibility for change or extension under other Decisions of the Ministry of Industry and Trade based on the first review of imposition of anti-dumping measures as per the law).

5. Procedures and dossiers for inspection and imposition of the anti-dumping measures

In order to determine that imported goods are liable to the anti-dumping measure, the customs authority shall inspect proofs of origin, certificates of manufacturers and relevant documents as follows: Proofs of origin include:

a) Certificate of Origin (C/O); or

b) Statement of origin in accordance with:

- ASEAN Trade in Goods Agreement;

- Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

- Free Trade Agreement between Vietnam and the European Union.

Procedures for inspection:

Step 1: Inspect proofs of origin

- Case 1: If no proof of origin is presented, the rate of the official anti-dumping duty is 35,58%.

- 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

- Case 1: If (i) no mill-test certificate is presented or (ii) a mill-test certificate is presented but it does not contain the name of one of the manufacturers specified in Column 1 Section 3 hereof, the rate of the anti-dumping duty imposed shall be 35,58%.

- Case 2: If the mill-test certificate that contains the name of one of the companies specified in Column 1 Section 3 hereof is presented, guidelines in Step 3 shall apply.

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 the manufacturer specified in Column 1 or the name of the exporter specified in Column 2, the corresponding duty rate specified in Column 3 Section 3 hereof shall be imposed.

- Case 2: If the exporter’s name (specified in the sales contract and commercial invoice) coincides with the name of the manufacturer specified in Column 1 or the name of the exporter specified in Column 2, the rate of the anti-dumping duty imposed shall be 35,58%.

6. Subsequent procedures

Pursuant to Article 14 of Decree No. 10/2018/ND-CP dated January 15, 2018 of the Government on guidelines for the Law on Foreign Trade Management concerning trade remedies, the Ministry of Industry and Trade shall cooperate with relevant regulatory bodies and customs authorities to provide information about the importation of goods liable to the anti-dumping duty.

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