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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 3011/QD-BCT
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Hanoi, November
12, 2024
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DECISION
ON
OUTCOMES OF EXPIRY REVIEW OF IMPOSITION OF ANTI-DUMPING MEASURE ON SOME
COLD-ROLLED STAINLESS STEEL PRODUCTS IMPORTED FROM TAIWAN (CHINA), REPUBLIC OF
INDONESIA, MALAYSIA AND PEOPLE’S REPUBLIC OF CHINA
THE MINISTER OF INDUSTRY AND TRADE OF VIETNAM
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.
96/2022/ND-CP dated November 29, 2022 defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade of Vietnam, as
amended by the Government's Decree No. 105/2024/ND-CP dated August 01, 2024;
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 Circular No. 42/2023/TT-BCT
dated December 28, 2023 of the Minister of Industry and Trade of Vietnam
providing amendments to the Circular No. 37/2019/TT-BCT dated November 29, 2019
of the Minister of Industry and Trade of Vietnam elaborating on trade remedies;
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Pursuant to the Decision No. 7896/QD-BCT dated
September 05, 2014 of the Minister of Industry and Trade on imposition of
anti-dumping duties on some imposed cold-rolled stainless steel products;
Pursuant to the Decision No. 2752/QD-BCT dated
October 23, 2023 of the Minister of Industry and Trade of Vietnam on expiry
review investigations into imposition of anti-dumping measure on some
cold-rolled stainless steel products imported from Taiwan (China), Republic of
Indonesia, Malaysia and People’s Republic of China;
Pursuant to the Decision No. 1357/QD-BCT dated
June 05, 2024 of the Minister of Industry and Trade of Vietnam on extension of time
limit for expiry review of imposition of anti-dumping measure on some
cold-rolled stainless steel products imported from Taiwan (China), Republic of
Indonesia, Malaysia and People’s Republic of China (case: ER02.AD01);
At the request of the Director of the Trade
Remedies Authority of Vietnam;
HEREIN DECIDES:
Article 1. The anti-dumping measure imposed on some cold-rolled
stainless steel products described in the Decision No. 3162/QD-BCT dated
October 21, 2019 of the Ministry of Industry and Trade of Vietnam on outcomes
of expiry review of imposition of anti-dumping measure on some cold-rolled
stainless steel products imported from People’s Republic of China, Republic of
Indonesia, Malaysia and Taiwan Area shall not be extended but shall be removed.
Article 2. This Decision comes into force from the date on which it is
signed.
Article 3. The Chief of the Ministry’s Office, the Director of Trade
Remedies Authority of Vietnam, and relevant parties are responsible for the
implementation of this Decision./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
ANNOUNCEMENT
OUTCOMES
OF EXPIRY REVIEW OF IMPOSITION OF ANTI-DUMPING MEASURE ON SOME COLD-ROLLED
STAINLESS STEEL PRODUCTS IMPORTED FROM TAIWAN (CHINA), REPUBLIC OF INDONESIA,
MALAYSIA AND PEOPLE’S REPUBLIC OF CHINA
(Enclosed with the Decision No. 3011/QD-BCT dated November 12, 2024 of the
Minister of Industry and Trade of Vietnam)
1. Basic information
On September 05, 2014, the Ministry of Industry and
Trade of Vietnam has promulgated the Decision No. 7896/QD-BCT on imposition of
anti-dumping measure on some cold-rolled stainless steel products imported from
Taiwan (China), Republic of Indonesia, Malaysia and People’s Republic of China.
On October 21, 2019, the Ministry of Industry and
Trade of Vietnam has promulgated the Decision No. 3162/QD-BCT on outcomes of
expiry review of imposition of anti-dumping measure on some cold-rolled
stainless steel products imported from Taiwan (China), Republic of Indonesia,
Malaysia and People’s Republic of China. According to this Decision, the
anti-dumping measure shall be extended for another 05 years.
Pursuant to clause 1 Article 62 of 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, on July 28, 2023, the
Ministry of Industry and Trade of Vietnam has issued a notice of receipt of
requests for expiry review of imposition of anti-dumping measure on some
cold-rolled stainless steel products imported from Taiwan (China), Republic of
Indonesia, Malaysia and People’s Republic of China.
On August 28, 2023, the Ministry of Industry and
Trade of Vietnam has received requests for expiry review from domestic
manufacturers.
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On November 07, 2023, the investigating authority
has sent questionnaires to domestic manufacturers, importers and foreign
manufacturers/exporters. Expiry review questionnaires shall be posted on the
websites of the investigating authority and the Ministry of Industry and Trade
of Vietnam. The investigating authority shall also send the questionnaires to
the Embassy of the People’s Republic of China in Vietnam for transferring to
all related manufacturers/exporters.
In June 10 - 22, 2024 and in August 09 - 13, 2024,
the investigating authority has conducted verification visits to the premises
of the domestic manufacturers that have submitted a completed questionnaire for
verifying information and figures included in their submitted questionnaires.
2. Expiry review
determination
The investigation has been conducted in accordance
with regulations of law on trade remedies. Specific findings of the review
investigation are as follows:
2.1. Goods subject to review of imposition of
the anti-dumping duty
a) Description of goods
The subject products of the review include coils or
plates of cold-rolled stainless steel containing, by weight, 1,2% or less of
carbon and 10,5% or more of chromium, with or without other elements; coils or
plates of cold-rolled stainless steel of a thickness of 3,5 mm of less,
annealed or heat-treated by other methods and pickled or de-scaled for the
removal of impurities on their surface; these products may be further treated
(either cut or split) without changing their specifications.
These products are not subject to the expiry
review, including: (i) coils or plates of cold-rolled stainless steel which is
neither annealed nor heat-treated (full-hard); (ii) coils or plates of
cold-rolled stainless steel of a thickness exceeding 3,5 mm.
The subject products bear the following HS codes:
7219.32.00; 7219.33.00; 7219.34.00; 7219.35.00; 7219.90.00; 7220.20.10;
7220.20.90; 7220.90.10; and 7220.90.90.
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2.2. Dumping
The investigating authority determines that the
dumping of goods would be unlikely to continue or recur if the anti-dumping
measure is removed.
2.3. Injury/threat of injury to the domestic
industry
Pursuant to Articles 23, 24 and 63 of 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, the investigating
authority determines:
- The material injury to the domestic industry has
been removed the anti-dumping measure which has been applied for 10 years;
- The material injury or threat of material injury
to the domestic industry caused by the subject goods would be unlikely to
continue or recur if the anti-dumping measure is removed.
Thus, the investigating authority concludes that the
dumping which causes injury to the domestic industry would be unlikely to
continue or recur.
Pursuant to provisions of clause 2, Article 82 of
the Law on Foreign Trade Management and clause 2 Article 64 of the Decree No.
10/2018/ND-CP dated January 15, 2018 on guidelines for the Law on Foreign Trade
Management regarding trade remedies, the Minister of Industry and Trade of
Vietnam decides not to extend but to remove the anti-dumping measure imposed
upon the subject goods.