On July 26, 2018, the Ministry of Industry and Trade of Vietnam issued a decision to initiate an investigation to apply anti-evasion measures to prevent trade remedies for wire / rolled steel products imported into Vietnam from other countries. Countries and territories vary.
This is the first anti-evasion investigation into Vietnam. This lawsuit is based on suspicion of evading commercial defense measures from the original lawsuit with the case code SG04, after Vietnam applied an official safeguard measure on steel and long steel products imported into Vietnam.
I.Some key information of the case
– Products under investigation: are coil and wire products with HS codes: 7213.91.90, 7213.99.90, 7217.10.10, 7217.10.29, 7229.90.99, 9839.10.00 and 9839.20.00 imported into Vietnam from different countries / territories.
– Plaintiff: Hoa Phat Hai Duong Steel Joint Stock Company and Thai Nguyen Iron and Steel Joint Stock Company;
– Investigation period: 6 months
On May 13, 2019, the Ministry of Industry and Trade issued Decision No. 1230 / QD-BCT on the application of measures to avoid evasion of PVTM measures for wire and rolled steel products imported into Vietnam.
Anti- circumvention measure are applied in the form of additional import duties with a tax rate of 10.9% from May 28, 2019 to the end of March 21, 2020 (if not renew).
Anti- circumvention measure is renew according to Decision 920/QĐ-BCT March 20, 2020:
|Effective time||Tax rate|
|22/3/2020 – 21/3/2021||9,4%|
|22/3/2021 – 21/3/2022||7,9%|
|22/3/2022 – 21/3/2023||6,4%|
|From 3/22/2023 onwards||0% ((if not renewed)|
II. Case files
|26/07/2018||Initiation of investigation (Decision 2622 / QD-BCT)|
|17/01/2019||Hold public consultation session|
|25/01/2019||Extension of investigation time (Decision 171 / QD-BCT)|
|13/05/2019||Promulgating Decision No. 1230 / QD-BCT on the application of anti-evasive measures|
|17/05/2019||Notice of receiving exemption application dossier for steel products which cannot be produced at home yet|
|29/05/2019||Promulgated Decision No. 1483 / QD-BCT exempting Daeho from applying anti-evasive measures to Daeho Company|
|19/06/2019||Promulgating Decision 1727 / QD-BCT exempting the application of avoidance measures to Lam Vien Vinh Phuc Company|
|16/08/2019||Promulgated Decision 1728 / QD-BCT exempting Vinh Thanh Company from applying anti-evasive measures|
|20/3/2020||Promulgating Decision 2540 / QD-BCT exempting Sunway from applying anti-avoidance measures|