Decision No. 1403/QD-BCT

DECISION

ON THE RESULTS OF THE FIRST REVIEW OF THE ANTI-DUMPING MEASURE APPLICABLE TO CERTAIN PLASTIC PRODUCTS AND ARTICLES THEREOF MADE OF POLYMERS OF PROPYLENE ORIGINATING FROM MALAYSIA, THE KINGDOM OF THAILAND AND THE PEOPLE'S REPUBLIC OF CHINA

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/NĐ-CP dated January 15, 2018 detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies;

Pursuant to the Government's Decree No. 98/2017/NĐ-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to Decision No. 3752/QĐ-BCT dated October 2, 2017 of the Minister of Industry and Trade defining the functions, tasks, powers and organizational structure of the Trade Remedies Authority of Viet Nam;

Pursuant to Decision No. 1900/QĐ-BCT dated July 20, 2020 of the Minister of Industry and Trade on imposition of definitive anti-dumping duty on certain plastic products and articles thereof made of polymers of propylene originating from the People's Republic of China, the Kingdom of Thailand and Malaysia;

Pursuant to Decision No. 2201/QĐ-BCT dated September 24, 2021 of the Minister of Industry and Trade on the first review of the anti-dumping measure applicable to certain plastic products and articles thereof made of polymers of propylene originating from the People's Republic of China, the Kingdom of Thailand and Malaysia;

Pursuant to Decision No. 416/QĐ-BCT dated March 23, 2022 of the Minister of Industry and Trade extending the time limit for the first review of the anti-dumping measure applicable to certain plastic products and articles thereof made of polymers of propylene originating from Malaysia, the Kingdom of Thailand and the People's Republic of China (case AR01.AD07)

At the request of the Director General of the Trade Remedies Authority of Viet Nam,

HEREBY DECIDES:

Article 1. To apply the anti-dumping measure to certain plastic products and articles thereof made of polymers of propylene imported into Viet Nam and classified under HS codes 3920.20.10 and 3920.20.91, originating from Malaysia, the Kingdom of Thailand and the People's Republic of China, based on the results of the first review (case No. AR01.AD07), with details set out in the Notice attached to this Decision.

Article 2. The order and procedures for applying the anti-dumping measure follow the law on anti-dumping of goods imported into Viet Nam, the law on import and export duties and other relevant legal provisions.

Article 3. This Decision replaces Decision No. 1900/QĐ-BCT dated July 20, 2020 of the Minister of Industry and Trade on imposition of the definitive anti-dumping measure on certain plastic products and articles thereof made of polymers of propylene originating from the People's Republic of China, the Kingdom of Thailand and Malaysia.

Article 4. The decisions on exemption from the anti-dumping measure issued by the Minister of Industry and Trade before the effective date of this Decision remain valid until the end of their stated validity periods.

Article 5. This Decision takes effect 05 days after the date of its issuance.

Article 6. The Chief of the Ministry Office, the Director General of the Trade Remedies Authority of Viet Nam, heads of relevant units and related parties are responsible for implementing this Decision./.

NOTICE

APPLICATION OF THE ANTI-DUMPING MEASURE TO CERTAIN PLASTIC PRODUCTS AND ARTICLES THEREOF MADE OF POLYMERS OF PROPYLENE ORIGINATING FROM MALAYSIA, THE KINGDOM OF THAILAND AND THE PEOPLE'S REPUBLIC OF CHINA (Attached to Decision No. 1403/QĐ-BCT dated July 15, 2022 of the Minister of Industry and Trade)

1. Description of the goods subject to the anti-dumping measure

a) Description:

The goods subject to the anti-dumping duty are certain plastic products and articles thereof made of polymers of propylene, of a thickness of 10 microns to 80 microns and a width of 115 mm to 7,800 mm, classified under HS codes 3920.20.10 and 3920.20.91.

The Ministry of Industry and Trade may amend or supplement the list of HS codes of goods subject to the definitive anti-dumping duty to match the description of the goods under investigation and other changes (if any).

The goods subject to the anti-dumping measure originate from Malaysia, the Kingdom of Thailand (Thailand) and the People's Republic of China (China).

b) Products excluded from the anti-dumping measure and exclusion conditions:

- Cast polypropylene (CPP) film with the following elongation ratios:

+ Transverse elongation of 400% or more; and

+ Longitudinal elongation of 380% or more.

- BOPP film with a pearlised layer, satisfying the following criterion:

+ Opacity ≥ 97% (light-blocking capability in the visible range of 380 - 760 nm);

- BOPP film with a polyvinylidene chloride (PVDC) or polyvinyl alcohol (PVA) layer;

- BOPP film with an aluminium metal layer;

- BOPP film with a polyurethane layer;

- BOPP film with a silicone layer;

- BOPP film satisfying the following criteria:

+ Transverse thermal shrinkage (%) ≥ 18; and

+ Longitudinal thermal shrinkage (%) ≥ 18

(tested under ASTM D2732 (110°C, 5 seconds)).

Where an enterprise imports any of the goods listed above, exclusion from the anti-dumping measure is based on the inspection results of the customs authority or the assessment results of an assessment organisation operating in accordance with law.

c) Products eligible for consideration of exemption from the anti-dumping measure

- Biodegradable BOPP film (glossy and matte);

- Digital BOPP film (glossy and matte);

- Hologram BOPP film;

- Heat-sealable BOPP film (used in cigarette packaging).

Where an enterprise imports any of the goods listed above, to be considered for exemption from the anti-dumping measure, after the Ministry of Industry and Trade announces the receipt of dossiers, the enterprise must submit an exemption request dossier in accordance with Circular No. 37/2019/TT-BCT of the Ministry of Industry and Trade dated November 29, 2019 detailing a number of provisions on trade remedies (Circular 37/2019/TT-BCT).

2. Duty rates and list of companies subject to the anti-dumping duty

3. Duration of the anti-dumping measure

The anti-dumping measure in Section 2 above applies from the effective date of the Decision on the results of the first review of the anti-dumping measure applicable to certain plastic products and articles thereof made of polymers of propylene originating from Malaysia, the Kingdom of Thailand and the People's Republic of China until July 22, 2025 (unless changed or extended under a decision of the Ministry of Industry and Trade based on the results of a review of the measure in accordance with law).

4. Procedures and dossiers for inspection and application of the anti-dumping measure

To establish whether imported goods are subject to the anti-dumping measure, the customs authority shall inspect the proof of origin, the producer's certificate and other relevant documents as provided below. The proof of origin comprises:

a) A certificate of origin (C/O); or

b) Origin self-certification documents in accordance with:

- The Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

- The Regional Comprehensive Economic Partnership Agreement;

- The Free Trade Agreement between the Socialist Republic of Viet Nam and the European Union;

- The Free Trade Agreement between the Socialist Republic of Viet Nam and the United Kingdom of Great Britain and Northern Ireland; and

- The ASEAN Trade in Goods Agreement.

The specific inspection is as follows:

Step 1: Inspection of the proof of origin

- Case 1: Where the customs declarant fails to submit a proof of origin, the anti-dumping duty rate of 23.71% applies.

- Case 2: Where the customs declarant submits a proof of origin from a country or territory other than Malaysia, the Kingdom of Thailand and the People's Republic of China, no anti-dumping duty is payable.

- Case 3: Where the customs declarant submits a proof of origin from Malaysia, the Kingdom of Thailand or the People's Republic of China, proceed to Step 2.

Step 2: Inspection of the producer's (original) quality certificate (hereinafter referred to as the producer's certificate)

- Case 1: Where (i) the customs declarant fails to submit the producer's certificate, or (ii) submits a producer's certificate but the entity's name thereon does not match any entity named in Column 1 of Section 2 of this Notice, the anti-dumping duty is payable at the following rates:

+ 23.42% for goods with a proof of origin from Malaysia;

+ 20.35% for goods with a proof of origin from Thailand; and

+ 23.71% for goods with a proof of origin from China.

- Case 2: Where the customs declarant submits the producer's certificate and the producer's name thereon matches a producer named in Column 1 of Section 2 of this Notice, proceed to Step 3.

Step 3: Inspection of the exporter's name

- Case 1: Where the exporter's name (based on the sales contract and commercial invoice) matches the producer named in Column 1, or matches the corresponding exporter in the same row in Column 2, the corresponding row rate in Column 3 of Section 2 of this Notice applies.

- Case 2: Where the exporter's name (based on the sales contract and commercial invoice) matches no producer named in Column 1 and no corresponding exporter in the same row in Column 2, the anti-dumping duty is payable at the following rates:

+ 23.42% for goods with a proof of origin from Malaysia;

+ 20.35% for goods with a proof of origin from Thailand; and

+ 23.71% for goods with a proof of origin from China.

5. Subsequent procedures

After this Decision takes effect, the Ministry of Industry and Trade will coordinate with relevant regulatory agencies to monitor the effectiveness of its implementation, based on information on imports of goods subject to the anti-dumping duty provided by the customs authority pursuant to Article 14 of the Government's Decree No. 10/2018/NĐ-CP dated January 15, 2018 detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies.

1 As the requesting party only sought an anti-dumping investigation into certain plastic products and articles thereof made of polymers of propylene originating from Malaysia, the Kingdom of Thailand and the People's Republic of China, the investigating authority only used the ATIGA and ACFTA tariff schedules as references.