MOIT imposes official anti-dumping duties on colour-coated steel products of Korea and China (full notice)

On October 24, 2019, the Ministry of Industry and Trade issued Decision No. 3198 / QD-BCT to apply anti-dumping measures on some color-coated steel products (commonly known as color corrugated iron) which originate from the Republic of Korea (Korea) and the People’s Republic of China (China). Accordingly, the anti-dumping duty applied to Chinese color-exporting steel enterprises is from 2.53% to 34.27% and that of Korea is from 4.71% to 19.25%.

Full of Notice follows:

ANNOUNCEMENT

OF OFFICIAL ANTI-DUMPING ACTIONS FOR OF ALLOYED OR NON-ALLOYED STEEL, PLATED OR NON-PLATED, PAINTED PRODUCTS ORIGINATING FROM THE REPUBLIC OF THE PEOPLE’S REPUBLIC OF CHINA AND THE REPUBLIC OF KOREA

 (Enclosed with the Minister of Industry and Trade’s Decision No. 3198 / QD-BCT of October 24, 2019)

1. Imports liable to the Temporary anti-dumping duty

a) Name and basic characteristics

Goods subject to official anti-dumping duties are alloyed or non-alloy steel products, rolled flat, plated or non-plated then painted.

Common name: color coated steel or corrugated iron.

b) Main use purposes

– Colored steel is used in construction – structure: roof sheets, factory walls, blinds, gutters, ventilation systems …;

– Colored steel is used in civil works: factories, warehouses, fences, household appliances, drums …;

– Colored steel is used in interior decoration: tables and chairs, rolling doors, folding doors, office equipment …;

– In addition, color coated steel is also used as a type of drainage pipes, air-conditioning gene tubes, covers of electrical equipment …. and other uses

c) HS codes and  current Import tax

At the present time, goods are subject to temporary anti-dumping duty with the name and basic characteristics mentioned in Point a, Section 1 of this Notice and classified according to the following HS codes: 7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7212.40.19, 7212.40.91, 7212.40.92, 7212.40.99, 7225.99.90, 7226.99.19, 7226.99.99.

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods subject to temporary anti-dumping tax to suit the description of the goods subject to investigation and other changes (if any).

The products are Exemption from temporary anti-dumping measures

(i) Products with a hot-rolled steel base;

(ii) Products with unpainted surfaces;

(iii) High quality PCM and VCM color-coated steel products used in the electronics and household electrical industries;

(iv) PVDF painted steel products used in thermal power plants;

(v) Colored products of steel that cannot be domestically produced;

(vi) Products which are exempted in the case of self-defense with color corrugated iron products under Decision 1931 / QD-BCT of May 31, 2017, Decision 1561 / QD-BCT of June 5, 2019.

(vii) Products exempted from provisional anti-dumping measures under Decision No. 1711 / QD-BCT of June 18, 2019.

In the case of enterprises importing products of sub-items (i) and (ii) above, in order to be exempted from the application of anti-dumping measures, it is necessary to base on the inspection results of the customs authorities. or assessment results of assessment organizations operating in accordance with law.

In the case of enterprises importing products under subsections (iii), (iv) and (v) above and have not been granted a decision on exemption, they can file an application for exemption from application of antidumping measures. to the Ministry of Industry and Trade under the specific guidance in Circular 06/2018 / TT-BCT dated 20 April 2018.

In the case of enterprises importing products of subsection (vi) and (vii) above, please submit to the customs authority a certified copy of the exemption decision issued by the Ministry of Industry and Trade

2.Countries producing / exporting goods are subject to anti-dumping duties

Goods subject to temporary anti-dumping duty are goods originating from the People’s Republic of China (China) and Korea.

3.Tax rate and list of companies are applied for temporary anti-dumping measure

4.Validity and duration of application of anti-dumping tax

  • Effect

The temporary anti-dumping duty takes effect on the date of the Decision on application of anti-dumping duty is effective.

  • Application period

The time limit for official anti-dumping duty is 5 years from the effective date of the Decision on application of anti-dumping measures (except for cases of change under other decisions of the Ministry of Industry and Trade based on results of reviewing the application of trade remedies).

5. Procedures and dossier and application of anti-dumping taxes

When carrying out customs procedures, the customs offices shall take the following steps to determine the official anti-dumping tax rates:

Step 1: Check the Certificate of Origin (C / O)

– Case 1: If C / O cannot be presented, the temporary anti-dumping tax rate of 34.27% shall apply.

– Case 2: If C / O is presented from other countries and territories other than China and Korea, it is not required to pay temporary anti-dumping tax.

Case 3: If C / O can be issued from China and Korea , go to Step 2.

Step 2: Check the quality certificate (original) of the manufacturing company (mill-test certificate) or equivalent documents (original) proving the manufacturer’s name (hereinafter referred to as Certificate of production company)

Case 1: If the production company certificate cannot be presented with the same name of the company mentioned in Column 1, Article 3 of this Notice, the temporary anti-dumping tax rate is 34,27% C/O from China and 19,25%  for goods with C/O Korea.

Case 2: If a production company certificate is presented but does not coincide with the names of manufacturing companies in Column 1, Article 3 of this Notice, the temporary anti-dumping tax is 34,27% for goods with CO from China and 19,25% for goods with C/O Korea

Case 3: If you can present a certificate of a manufacturing company that matches the name of the companies mentioned in Column 1, Article 3 of this Notice, go to Step 3..

Step 3: Check the name of the exporting company

– Case 1: If the name of the exporting company (based on the purchase contract and commercial invoice) coincides with the name of the manufacturing, exporting company in Column 1 or the corresponding trading company in the horizontal line In Column 2, the corresponding tax shall be paid in the horizontal row in Column 3, Article 3 of this Notice.

– Case 2: If the name of the exporting company (based on the contract of purchase and sale of goods and commercial invoice) does not coincide with the names of the manufacturing and exporting companies in Column 1 or similar trading companies. According to the horizontal row in Column 2, Article 3 of this Notice, anti-dumping tax  is 34,27% for goods with CO from China and 19,25% for goods with C/O Korea

6. Simultaneously imposing  anti-dumping tax and safeguard measures

The products are subject to the application of anti-dumping measures are temporarily subject to the application of safeguard measures according to the Decision 1931 / QD-BCT dated May 31, 2017 of the Minister of Industry and Trade and Decision 1561 / QD-BCT June 5, 2019 of the Minister of Industry and Trade. Therefore, the simultaneous application of these two measures is done as follows:

Under quota of safeguard measures: to apply anti-dumping duties to foreign manufacturers and exporters as guided in Sections 3, 4 and 5 of this Notice;

Out of quota of safeguard measures:

+) If the tax rate of a manufacturing or exporting enterprise is determined in accordance with the guidance in Section 3, Section 4 and Section 5 of this Notice, which is higher than the out-of-quota tax rate (19%), the applicable tax rate is the anti-dumping tax rate corresponding the horizontal row in Column 3, Section 3 of this Notice;

+) If the tax rate of a manufacturing or exporting enterprise is determined under the guidance in Section 3, Section 4 and Section

– If the Minister of Industry and Trade’s Decision No. 1931 / QD-BCT of May 31, 2017 and the Minister of Industry and Trade’s Decision No. 1561 / QD-BCT of June 5, 2019 are expired, Application of anti dumping tax for foreign manufacturers and exporters as guided in Section 3, Section 4 and Section 5 of this Notice.

7.The differences in anti-dumping tax rates

In case the official anti-dumping duty is lower than the provisional anti-dumping duty, the tax difference shall be refunded in accordance with Clause 5, Article 68 of the Law on Foreign Trade Management No. 05/2017. / QH14. The difference between official and provisional anti-dumping duties is as follows:

– In case the difference between anti-dumping duty in Column (3) Table 2, Section 7 is less than 0 (zero), the enterprise will be refunded the difference of anti-dumping duty paid.

– In case the difference between anti-dumping tax in Column (3) Table 2, Section 7 is greater than or equal to 0 (zero), the enterprise is not subject to recollection of anti-dumping tax difference.

8. Sequences of next steps

In case the imported goods is not under management of the scope of goods described in Article 1 of this Notice, the enterprise may request a review of the scope of goods in accordance with Decree No. 10/2018 / ND-CP. The Government on January 15, 2018, detailing a number of articles of the Law on Foreign Trade Administration on trade remedies measures or submitting exemption application dossiers under the provisions of Circular No. 06/2018 / TT -BCT April 20, 2018 of the Minister of Industry and Trade detailing a number of contents on trade remedies.

Pursuant to Article 14 of the Government’s Decree No. 10/2018 / ND-CP of January 15, 2018, detailing a number of articles of the Law on Foreign Trade Administration on trade remedies measures, the Ministry Industry and Trade will coordinate with relevant management agencies and Customs authorities to provide information on the situation of imports subject to official anti-dumping duties.

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