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 fluctuateing 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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