Quyết định 1900/QD-BCT

DECISION

IMPOSITION OF OFFICIAL ANTI-DUMPING DUTY ON PLASTICS AND ARTICLES THEREOF MADE OF POLYMERS OF PROPYLENE ORIGINATING FROM THE PEOPLE’S REPUBLIC OF CHINA, THE KINGDOM OF THAILAND AND MALAYSIA

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14 dated June 12, 2017;

Pursuant to the Government’s Decree No. 10/2018/ND-CP dated January 15, 2018 on guidelines for the Law on Foreign Trade Management regarding trade remedies;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the Functions, Tasks, Powers and Organizational Structure of the Ministry of Industry and Trade; 

Pursuant to the Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade elaborating on trade remedies;

Pursuant to the Decision No. 3752/QD-BCT dated October 02, 2017 of the Minister of Industry and Trade defining functions, tasks, powers and organizational structure of the Trade Remedies Authority of Vietnam;

Pursuant to the Decision No. 2334/QD-BCT dated August 05, 2019 of the Minister of Industry and Trade deciding initiation of anti-dumping duty investigations of plastics and articles thereof made of polymers of propylene originating from the People’s Republic of China, the Kingdom of Thailand and Malaysia;

At the request of the Director of the Trade Remedies Authority of Vietnam;

HEREBY DECIDES:

Article 1. The official anti-dumping duty shall be imposed on certain plastics and articles thereof made of polymers of propylene bearing the following HS codes: 3920.20.10 and 3920.20.91, and originating from the People’s Republic of China, the Kingdom of Thailand and Malaysia (case: AD07). Further details are provided in the Announcement enclosed herewith.

Article 2. Decision No. 880/QD-BCT dated March 18, 2020 of the Minister of Industry and Trade on imposition of provisional anti-dumping duty on plastics and articles thereof made of polymers of propylene originating from the People’s Republic of China, the Kingdom of Thailand and Malaysia shall be no longer valid.

Article 3. This Decision comes into force from July 23, 2020.

Article 4. Chief of the Ministry’s Office, Director of Trade Remedies Authority of Vietnam, and heads of relevant units and parties shall be responsible for the implementation of this Decision./.

ANNOUNCEMENT

 IMPOSITION OF OFFICIAL ANTI-DUMPING DUTY ON PLASTICS AND ARTICLES THEREOF MADE OF POLYMERS OF PROPYLENE ORIGINATING FROM THE PEOPLE’S REPUBLIC OF CHINA, THE KINGDOM OF THAILAND AND MALAYSIA
(Enclosed with the Decision No. 1900/QD-BCT dated July 20, 2020 of Minister of Industry and Trade)

1. Goods on which the official anti-dumping duty is imposed

a) Description of goods:

The goods subject to the anti-dumping duty include plastics and articles thereof made of polymers of propylene of a thickness of 10 - 80 microns and a width of 115 - 7800 mm, bearing HS codes of 3920.20.10 and 3920.20.91.

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods on which the official anti-dumping duty is imposed in order to be conformable with the description of the goods subject to investigation and other changes (if any).

b) Goods exempted from the official anti-dumping duty and exemption conditions

- Cast polypropylene (CPP) films with the following stretching rates:

+ Horizontal stretching rate is 400% or more; and

+ Vertical stretching rate is 380% or more.

- BOPP pearlised film satisfying the following criteria:

+ White level: ≥ 82,84 (Test method: ASTM D2244);

+ Light opacity: ≥ 99,55% (with the opacity ability in the visible light area of 380 - 760nm);

+ Gloss:

• Measured at 20°: ≥ 5,7%;

• Measured at 60°: ≥ 45,5%;

• Measured at 85°: ≥ 45,8%;

- BOPP film coated with Polyvinylidene chloride /Polyvinyliden Clorua (PVDC) or Polyvinyl alcohol (PVA);

- Aluminum coated BOPP film;

- BOPP film bonded with polyurethane;

- Silicon coated BOPP film.

The grant of exemption from the anti-dumping duty to importers of one of the goods mentioned above shall be subject to the inspection results of customs authorities or inspection bodies as regulated by laws.

c) Goods under consideration for grant of exemption from the official anti-dumping duty

- Biodegradable BOPP film (gloss and haze);

- BOPP digital film (gloss and haze);

- Holographic BOPP film;

- Heat-sealing BOPP film (used for cigarette packing).

In order to obtain the exemption from the anti-dumping duty, after the Ministry of Industry and Trade notifies the receipt of applications, the importers of one of the goods mentioned above shall submit applications for exemption from anti-dumping duty in accordance with regulations of the Circular No. 37/2019/TT-BCT of the Ministry of Industry and Trade promulgated on November 29, 2019 elaborating on trade remedies (hereinafter referred to as “Circular No. 37/2019/TT-BCT”).

2. Manufacturers/exporters of goods on which the official anti-dumping duty is imposed

Goods on which the official anti-dumping duty is imposed are those originating from the People's Republic of China (China), the Kingdom of Thailand (Thailand) and Malaysia.

3. Final determination

The investigating authority concluded that there are:  (i) dumped imports, (ii) material injury to domestic industry and (iii) a causal link between the dumped imports and the material injury to domestic industry.

4. Duty rates and list of companies liable to the official anti-dumping duty 

5. Effective date and period of validity of the official anti-dumping duty

a) Effective date

The official anti-dumping duty shall be effective from July 23, 2020.

b) Period of validity

The official anti-dumping duty shall be imposed for a period of 05 (five) years from the date on which the Decision on imposition of the official anti-dumping duty comes into force (unless it is changed according to another Decision of the Ministry of Industry and Trade based on results of review of trade remedies).

6. Procedures and dossiers for inspection and imposition of the official anti-dumping duty

When following customs procedures, customs authorities shall take the following steps to determine the official anti-dumping duty:

Step 1: Inspect Certificate of Origin (C/O)

- Case 1: If no valid C/O is presented, the rate of the official anti-dumping duty is 23.71%.

- Case 2: If the presented C/O is issued by a competent authority of a country or territory other than China or Thailand or Malaysia, no official anti-dumping duty will be imposed.

- Case 3: If the presented C/O is issued in by a competent authority of either China or Thailand or Malaysia, guidelines in Step 2 shall apply.

Step 2: Inspect test certificate (original) issued by the manufacturer or other equivalent document (original) showing the manufacturer's name (hereinafter referred to as "manufacturer's certificate")

- Case 1: If no manufacturer’s certificate is presented, the rate of the official anti-dumping duty imposed shall be 23.71% if C/O is issued in China, or 20.35% if C/O is issued in Thailand, or 23.42% if C/O is issued in Malaysia.

- Case 2: If a manufacturer’s certificate is presented but it does not contain the name of one of the manufacturers or exporters specified in Column 1 Section 4 hereof, the rate of the official anti-dumping duty imposed shall be 23.71% if C/O is issued in China, or 20.35% if C/O is issued in Thailand, or 23.42% if C/O is issued in Malaysia.

- Case 3: If the manufacturer’s certificate that contains the name of one of the manufacturers or exporters specified in Column 1 Section 4 hereof is presented, guidelines in Step 3 shall apply.

Step 3: Inspect name of exporter

- Case 1: If the exporter’s name (specified in the commercial invoice) coincides with the name of the manufacturer or exporter specified in Column 1 or its corresponding relevant trade company specified in Column 2, the corresponding duty rate specified in Column 3 Section 4 hereof shall be imposed.

- Case 2: If the exporter’s name (specified in the commercial invoice) does not coincide with the name of the manufacturer or exporter specified in Column 1 or its corresponding relevant trade company specified in Column 2 Section 4 hereof, the rate of the official anti-dumping duty imposed shall be 23.71% if C/O is issued in China, or 20.35% if C/O is issued in Thailand, or 23.42% if C/O is issued in Malaysia.

7. Difference in anti-dumping duty rates

If the official anti-dumping duty rate is lower than the provisional one, the amount of duties overpaid shall be refunded in accordance with Clause 5 Article 68 of the Law on Foreign Trade Management No. 05/2017/QH14. Detailed differences between the official anti-dumping duty rates and the provisional ones are as follows:

Table 7.1: Differences between official anti-dumping duty rates and the provisional ones

- If the anti-dumping duty difference at the Column (6) of Table 7.1 is lower than 0 (zero), the overpaid amounts of anti-dumping duty shall be refunded to the relevant enterprise.

- If the anti-dumping duty difference at the Column (6) of Table 7.1 is higher than or equal to 0 (zero), the relevant enterprise will not have to pay the difference.

8. Subsequent procedures

Pursuant to the provisions in Point b Clause 1 Article 16 of the Circular No. 37/2019/TT-BCT , investigating authorities shall notify the receipt of applications for exemption from anti-dumping duty after the Ministry of Industry and Trade issues the decision to impose official trade remedies.

In order to obtain exemption from the anti-dumping duty, importers of one of the products eligible for exemption as prescribed in Point c Section 1 of this Announcement shall submit applications for exemption from the anti-dumping duty in accordance with regulations in the Circular No. 37/2019/TT-BCT .

Pursuant to the provisions in Article 14 of the Government's Decree No. 10/2018/ND-CP dated January 15, 2018, the Ministry of Industry and Trade shall cooperate with relevant regulatory authorities and customs authorities to provide information on the importation of goods subject to the official anti-dumping duty.

1 Because the requesting party requests for an anti-dumping investigation of plastics and articles thereof made of polymers of propylene originating from the People’s Republic of China, the Kingdom of Thailand and Malaysia, only ATIGA and ACFTA tariff schedules are used as reference.