Quyết định 957/QĐ-BCT

Decision No. 957/QĐ-BCT, dated March 21 2017, imposition of provisional anti-dumping measure on h-shaped steel products imported from The people’s Republic of China (including Hong Kong)

Nội dung toàn văn Decision 957/QĐ-BCT imposition provisional anti dumping measure H shaped steel imported from China


MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 957/QD-BCT

Hanoi, March 21, 2017

 

DECISION

IMPOSITION OF PROVISIONAL ANTI-DUMPING MEASURE ON H-SHAPED STEEL PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA (INCLUDING HONG KONG)

MINISTER OF INDUSTRY AND TRADE

Pursuant to the Ordinance No. 20/2004/PL-UBTVQH11 dated April 29, 2004 of the Standing Committee of the National Assembly on anti-dumping actions against imports into Vietnam;

Pursuant to the Government’s Decree No. 90/2005/ND-CP dated July 11, 2005 providing for the implementation of the Ordinance on anti-dumping actions against imports into Vietnam;

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 defining the functions, tasks, powers and organizational structure of Ministry of Industry and Trade;

At the request of Director of Vietnam Competition Authority;

HEREBY DECIDES:

Article 1. Provisional anti-dumping duties shall be imposed on certain H-shaped steel products bearing the following HS codes: HS 7216.33.00, 7228.70.10 and 7228.70.90, imported from the People’s Republic of China (including Hong Kong) into Vietnam (case AD03). Details are provided in the Announcement enclosed herewith.

Article 2. This Decision shall come into force after 15 days from the date on which it is signed.

Article 3. Director of Vietnam Competition Authority, Chief of the Ministry’s Office, and heads of relevant agencies and units shall be responsible for implementing this Decision./.

 

 

MINISTER




Tran Tuan Anh

 

APPENDIX 1

ANNOUNCEMENT OF IMPOSITION OF PROVISIONAL ANTI-DUMPING MEASURE ON H-SHAPED STEEL PRODUCTS IMPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA (INCLUDING HONG KONG)
(Enclosed with the Decision No. 957/QD-BCT dated March 21, 2017 by Minister of Industry and Trade)

1. Profiles of Requesting party

Full name: Posco SS Vina Co., Ltd.

Address: - Head office and factory: N1 Street, Phu My 2 Industrial Zone, Tan Thanh District, Ba Ria - Vung Tau Province, Vietnam

- Ho Chi Minh City Branch: Unit 1211, 12th Floor, Diamond Plaza, 34 Le Duan Street, District 1, Ho Chi Minh City

2. Imports on which provisional measure are imposed

Name: H-shaped steel

Categories/ models: Alloy or non-alloy H-shaped steel has a vertical center web with horizontal top and bottom flanges. H-shaped steel is also known as "H-beam", "W-beam" or wide flange beam 2.

Origin: The People’s Republic of China, including Hong Kong (China)

Current import duties:

No.

HS Code

Description

Customs duty (in 2017)

7216

Angles, shapes and sections of iron or non-alloy steel.

- U, I or H sections, not further worked than hot-rolled, hot-drawn or extruded, of a height of less than 80 mm:

 

1

7216.33.00

- - H sections

MFN: 15%

ACFTA: 5%

7228

Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel.

 

7228.70

- Angles, shapes and sections:

 

2

7228.70.10

- - Not further worked than hot-rolled, hot-drawn or extruded

MFN: 0%

ACFTA: 0%

3

7228.70.90

- - Other

MFN: 0%

ACFTA: 0%

Current HS codes: Products subject to the investigation are imported from China and classified according to the following codes: 7216.33.00, 7228.70.10, 7228.70.90.

Application (primary uses): H-shaped steel products are used as beams in construction of industrial, commercial and apartment-building works, bridge works, maritime works, manufacture of containers, truck chassis, steel decks and machine frames, and in other engineering industries.

3. Investigation period:

Case investigation period: from April 01, 2015 to March 31, 2016

4. Chinese manufacturers/ exporters liable to investigation and provisional anti-dumping duties

4.1. Jinxi Company and trade companies/associated branches/independent branches considered as cooperative companies (“hereinafter referred to as Jinxi Company”):

a) Manufacturing companies:

- Heibei Jinxi Iron and Steel Group Co., Ltd.

- Hebei Jinxi Section Steel Co., Ltd.

b) Trade companies:

- Xiamen C and D Metals co., Ltd.

- China-Base Ningbo Foreign Trade Co., Ltd.

- Hangzhou CIEC International Co., Ltd.

- Hangzhou CIEC Group Co., Ltd.

- Hangzhou Cogeneration (Hong Kong) Company Limited

- Rich Fortune Int’l Industrial Limited

- China Oriental Singapore Pte Ltd.

- China Oriental Group Company Limited

4.2. Rizhao Company and trade companies/associated branches/independent branches considered as cooperative companies (“hereinafter referred to as Rizhao Company”):

- Rizhao Steel Holding Group Co., Ltd.

- Rizhao Medium Section Mill Co., Ltd.

5. Information on import of goods liable to provisional anti-dumping measure

 

Unit

02/2015

03/2015

04/2015

01/2016

Import volume from China

Tonnes

64,496

54,865

70,361

74,674

Import volume from other countries

Tonnes

8,874

7,222

11,971

8,155

Total import volume

Tonnes

73,369

62,086

82,332

82,828

Ratio of import volume from China to total import volume

%

87.91%

88.37%

85.46%

90.15%

5. Dumping margin

Name of Chinese manufacturer/exporter

Dumping margin

Jinxi Company

29.40%

Rizhao Company

21.18%

Other Chinese manufacturers/exporters

36.33%

6. Information on imports which are dumped resulting in obstacle to the establishment of domestic manufacturing industries and liable to provisional anti-dumping measure

Parts 5 and 6 of the Preliminary Determination stated in Appendix 2.

Based on the import volume of subject merchandise into Vietnam with the dumping margin ranging from 21.18% to 36.33%, Ministry of Industry and Trade believes that deferred imposition of provisional anti-dumping measure shall significantly obstruct the establishment of domestic manufacturing industries and it is difficult to handle the anti-dumping status.

7. Provisional anti-dumping measure

Based on the preliminary determination (stated in Appendix 2), Ministry of Industry and Trade decides to impose provisional anti-dumping measure on H-shaped steel products which are described in Section 2 of this Announcement by means of charging extra import duty equal to the dumping margin determined in Section 5 of this Announcement within a duration of 120 days from the date of entry into force of this Decision. To be specific:

Name of Chinese manufacturer/exporter

Trade company

Provisional anti-dumping  duty

1. Heibei Jinxi Iron and Steel Group Co., Ltd.

2. Hebei Jinxi Section Steel Co., Ltd.

1. Xiamen C and D Metals Co., Ltd.

2. China-Base Nigbo Foreign Trade Co., Ltd.

3. Hangzhou CIEC International Co., Ltd.

4. Hangzhou CIEC Group Co., Ltd.

5. Hangzhou Cogeneration (Hong Kong) Company Limited

6. Rich Fortune Int'l Industrial Limited

7. China Oriental Singapore Pte Ltd.

8. China Oriental Group Company Limited

29.40%

1. Rizhao Steel Holding Group Co., Ltd.

2. Rizhao Medium Section Mill Co., Ltd.

Bright Ruby Resources PTE Limited

21.18%

Other Chinese manufacturers/exporters

 

36.33%

8. Duration of imposition of provisional anti-dumping measure

Provisional anti-dumping measure comes into force after 15 days from the date of promulgation of the Decision on imposition of provisional anti-dumping measure, i.e. April 05, 2017. The provisional anti-dumping measure shall be imposed within duration of 120 days, i.e. up to August 02, 2017. The provisional anti-dumping measure shall be lifted in the following cases:

(i) after August 02, 2017; or

(ii) a Decision on imposition of official anti-dumping measure is issued by the Minister of Industry and Trade within the duration of 120 days mentioned above.

Where the final decision of the Minister of Industry and Trade shows that the application of an anti-dumping measure is unnecessary or the final anti-dumping duty is lower than the applied provisional anti-dumping duty, the tax difference shall be refunded to taxpayers as prescribed by law.  Where the final anti-dumping duty is higher than the applied provisional anti-dumping duty, taxpayers are not required to pay the tax difference.

9. Subsequent procedures

Subsequent procedures

Expected time

On-spot verification visit

April – May, 2017

Public hearing

July, 2017

Sending final determination to related parties

August, 2017

Issuing final determination

September, 2017

Sending final determination to the Trade Remedies Council

September, 2017

Issuing final decision on this case

October - November, 2017

 

 


1 Pursuant to Clause 2 Article 31 of the Government’s Decree No. 90/2005/ND-CP dated July 11, 2005 providing for the implementation of the Ordinance on anti-dumping actions against imports into Vietnam.

2W-beam or W-Section means Wide flange beam as defined by the American Society for Testing and Materials (ASTM), and is also known as H-beam as regulated in the Japanese Industrial Standards (JIS). These terms are commonly used on the steel market and are similar trade names in the steel industry.

 


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