Relates to two cases
which are application safeguard measure and
applicationanti-dumping (AD) measure with respective case number of SG05 and
AD04 which our anti competition lawyers at international trade practice of
ANT Lawyers are following up.
Regarding application safeguard measure with case number of SG05, on May 31st, 2017, Ministry of Industry and Trade promulgated Decision 1931/QD-BCT on application safeguard measure on color steel sheet product importing into Vietnam from many different countries/ territories.
On Sep 11th, 2019,
Ministry of Industry and Trade promulgated 03 Decision on exemption from
application safeguard measure and application AD measure with total amount of
16.294,9 tons.
Pursuant to regulation
of Circular 06/2018/TT-BCT, on Oct 07th, 2019, Trade Remedies Authority of
Vietnam (TRAV) posted a notice to receive the dossier requesting for exemption
from application safeguard measure on high-quality color steel sheet product
2020.
On Dec 30st, 2019,
Ministry of Industry and Trade promulgated 18 Decision on exemption from
application safeguard measure and application AD measure with total exempted
amount of 82.019,7 tons for 2020.
Regarding application
AD measure with case number of AD04, on Aug 02nd, 2018, Ministry of
Industry and Trade received dossier requesting to investigate on imposition AD
measure on some flat-rolled alloy or non-alloy steel products, painted with
varnish or coated with other types originating from People's Republic of China
and Republic of Korea.
On Oct 15th, 2018,
Minister of Industry and Trade promulgated Decision no. 3877/ QD-BCT on
investigating on imposition AD measure for some steel product mentioned above.
On Jun 18th, 2019,
Ministry of Industry and Trade promulgated Decision no. 1711/QD-BCT on
application provisional AD measure on some color coated steel (commonly known
as color steel sheet) originating from China and Korea. Accordingly, the rate
of provisional AD duty imposed on enterprises importing color coated steel of
China is from 3,45% to 34,27% and of Korea is from 4,48% to 19,25% (specific
rate is shown in attached Decision).
After nearly 8 months
of initial investigation and complying with regulations of World Organization
Trade, Law on foreign trade management and relevant regulations, Ministry of
Industry and Trade has cooperated with relevant units to consider and carefully
evaluate the impacts of AD activities of imported goods on operation in
domestic manufacturing, dumping level of manufacturing, exporting enterprises
of China and Korea as well as consider, calculate impacts on manufacturing and
consumers of color coated steel product.
The results show that
safeguard measures in the form of tariff quotas are being applied, but there
are signs of dumping with a high margin from the quantity of imported goods
within the quota, from 3,45% to 34,27% and this will continue to threaten and
cause considerable damage to domestic color coated steel manufacturing.
Dumping activities
mentioned above continues to cause considerable pressure on performance
indicator of domestic manufacturing, shown in criteria such as: manufacturing
quantity, sales volume, revenue, profit, market share, inventory which
fluctuate during the investigation period, especially in the period of the last
7 months of 2018 until now, these indicators show the clear downtrend: many
domestic enterprises was at a loss, many production line must stop working and
large amount of labor had to quit their job.
When deciding to apply
provisional AD measure, Ministry of Industry and Trade considered relevant
parties and relevant state authorities’ opinions as well as based on practice
of many other member states of WTO. Accordingly, goods imported within the
quota of safeguard measures shall be imposed provisional AD duty. Regarding
goods imported outside the quota, comparation between provisional AD duty and
outside quotas safeguard duty needs to be carried out and higher duty shall be
imposed. This application is to eliminate status of double imposition on
importers.
Besides, special color
coated steel product which domestic manufacturing has not produced yet such as
PCM product, VCM used to manufacture refrigeration engineering and electronic
appliances, PVDP products used for thermal power plants, and other special
products.... These are exempted from application scope of provisional AD
measure. Under regulation, imported material to manufacture exported goods
shall not be applied AD measure.
The rate of provisional
AD duty fluctuating from 3,45% to 34,27% and imposing on imported goods from
China and Korea were issued in accordance with the regulations of World
Organization Trade, Vietnamese laws and reflected true dumping activities of
foreign manufacturer, exporter. Foreign manufacturer, exporter with correct
product, quality and price being close to market rules are determined low
dumping margin. Meanwhile, the low-quality floating dumping goods shall be
prevented by higher provisional AD duty.
On Sep 11th, 2019,
Ministry of Industry and Trade promulgated 03 Decision on exemption from
application safeguard measure and application AD measure with total amount of
16.294,9 tons.
On Oct 24th, 2019,
Ministry of Industry and Trade promulgated Decision no. 3198/QD-BCT on
imposition of AD duty on color steel sheet originating from China and Korea.
On Nov 07th, 2019 TRAV
posted a notice to receive the dossier requesting for exemption from
application AD measure on high-quality color steel sheet 2020.
On Dec 30th, 2019,
Ministry of Industry and Trade promulgated 18 Decision on exemption from
application safeguard measure and application AD measure with total exempted amount
of 82.019,7 tons for 2020.
On Mar 10th, 2020,
Ministry of Industry and Trade posted a notice to receive and guide the
submission of the Dossier requesting for exemption from application AD measure
and safeguard measure. Enterprise shall submit the Dossier requesting for
exemption at public service Portal by website
https://dichvucong.moit.gov.vn or send to Trade Remedies Authority of
Vietnam before 5pm on April 15th, 2020. It should be noted that enterprises
which were exempted for 2020 shall not submit the Dossier requesting for
exemption in 2020 according to this notice. If the amount of exemption is going
to end, above enterprises shall submit the Dossier supplementing for exemption
according to Article 16.4 of Circular 37/2019/TT-BCT.
Our international
trade lawyers in Vietnam at ANT Lawyers will continue to follow up with
development and update client.
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