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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