Decision No. 143/QD-BCT

DECISION

APPLICATION OF OFFICIAL ANTI-DUMPING MEASURES ON PRESTRESSED CONCRETE STEEL WIRE STRAND PRODUCTS 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 on trade remedy measures;

Pursuant to the Government's Decree No. 96/2022/NĐ-CP dated November 29, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 105/2024/NĐ-CP dated August 1, 2024 amending and supplementing a number of articles of the Government's Decree No. 96/2022/NĐ-CP dated November 29, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, and the Government's Decree No. 26/2018/NĐ-CP dated February 28, 2018 on the organization and operation charter of Vietnam Electricity;

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

Pursuant to Circular No. 42/2023/TT-BCT dated December 28, 2023 of the Minister of Industry and Trade amending and supplementing a number of articles of Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade detailing a number of contents on trade remedy measures;

Pursuant to Decision No. 2639/QĐ-BCT dated December 2, 2022 of the Minister of Industry and Trade defining the functions, tasks, powers and organizational structure of the Trade Remedies Authority of Vietnam;

Pursuant to Decision No. 1704/QĐ-BCT dated July 5, 2023 of the Minister of Industry and Trade on conducting an anti-dumping investigation on prestressed concrete steel wire strand products from Malaysia, the Kingdom of Thailand and the People's Republic of China;

Pursuant to Decision No. 1360/QĐ-BCT dated June 5, 2024 of the Minister of Industry and Trade on extending the investigation period for the application of anti-dumping measures on prestressed concrete steel wire strand products from Malaysia, the Kingdom of Thailand and the People's Republic of China (case code: AD17);

At the proposal of the Director General of the Trade Remedies Authority of Vietnam.

DECIDES:

Article 1. To apply official anti-dumping duties on prestressed concrete steel wire strand products classified under HS codes 7312.10.91 and 7312.10.99 from Malaysia, the Kingdom of Thailand and the People's Republic of China (case code: AD17), with details set out in the Notice enclosed with this Decision.

Article 2. This Decision takes effect 15 days from the date of its signing.

Article 3. The Chief of Office of the Ministry, the Director General of the Trade Remedies Authority of Vietnam, heads of relevant units, and relevant parties shall be responsible for the implementation of this Decision.

NOTICE

APPLICATION OF OFFICIAL ANTI-DUMPING DUTIES ON PRESTRESSED CONCRETE STEEL WIRE STRAND PRODUCTS ORIGINATING FROM MALAYSIA, THE KINGDOM OF THAILAND AND THE PEOPLE'S REPUBLIC OF CHINA (Enclosed with Decision No. 143/QĐ-BCT dated January 14, 2025 of the Minister of Industry and Trade)

1. Goods subject to official anti-dumping duties

The goods subject to official anti-dumping (AD) duties are prestressed concrete steel wire strand products originating from Malaysia, the Kingdom of Thailand (Thailand), and the People's Republic of China (China).

a) Name and basic characteristics

The scope of goods subject to official anti-dumping duties includes prestressed concrete steel wire strand products described as follows:

- Prestressed concrete steel wire strand (PC Strand) is a stranded cable product consisting of multiple metal wires, including 1 core wire and 6 outer stranded wires. These wires are made of iron, alloy or non-alloy steel with a nominal diameter of the strand from 9.0 to 16.0mm, not plastic-coated, whether or not coated with anti-rust oil.

- Prestressed concrete steel wire strand is manufactured from high-carbon raw steel with a carbon content of 0.70% or more.

b) Goods classification code (HS code)

Prestressed concrete steel wire strand products subject to AD duties may be classified under HS codes 7312.10.91 and 7312.10.99.

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods subject to official AD duties to conform with the description of the investigated goods and other changes (if any).

2. Investigation conclusion

The final investigation conclusion of the Investigating Authority determines that: (i) goods imported into Vietnam are dumped; (ii) there is prevention of the formation of the domestic industry; and (iii) there is a causal relationship between the import of dumped goods and the prevention of the formation of the domestic industry.

The Investigating Authority sent the draft final investigation conclusion to relevant parties for comments in accordance with regulations.

3. Official AD duty rates

4. Effect and duration of application of official AD duties

a) Effect

The official AD duties take effect from the effective date of the Decision on the application of official AD measures.

b) Duration of application

The duration of application of official AD duties is 05 (five) years from the effective date of the Decision on the application of official AD measures (except where changed or extended under another Decision of the Minister of Industry and Trade).

5. Procedures and dossiers for examination and application of official AD duties

In order to have a basis for determining whether imported goods are subject to AD duties, the Customs Authority shall examine the certificate of origin of goods. The certificate of origin of goods includes:

a) Certificate of Origin (C/O); or

b) Self-certification of origin documents consistent with the provisions of:

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

- The Regional Comprehensive Economic Partnership Agreement;

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

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

- The ASEAN Trade in Goods Agreement; or

- The Free Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the State of Israel.

The specific examination contents are as follows:

Step 1: Examine the certificate of origin of goods

- Case 1: If the customs declarant does not submit a certificate of origin of goods, the official AD duty rate of 28% shall apply.

- Case 2: If the customs declarant submits a certificate of origin of goods from a country or territory other than Malaysia, Thailand or China, no official AD duty shall be payable.

- Case 3: If the customs declarant submits a certificate of origin of goods from Malaysia, Thailand or China, proceed to Step 2.

Step 2: Examine the manufacturer's (original) Certificate of Quality (hereinafter referred to as the Manufacturer's Certificate)

- Case 1: If (i) the customs declarant fails to submit the Manufacturer's Certificate, or (ii) submits the Manufacturer's Certificate but the name of the organization/individual on the Certificate does not match the name of the organization/individual stated in Column 1 of Section 3 of this Notice, the AD duty shall be paid at the following rates:

+ 12.06% for goods with a certificate of origin from Malaysia;

+ 11% for goods with a certificate of origin from Thailand; and

+ 28% for goods with a certificate of origin from China.

- Case 2: If the customs declarant submits the Manufacturer's Certificate and the name of the organization/individual on the Certificate matches the organization/individual stated in Column 1 of Section 3 of this Notice, proceed to Step 3.

Step 3: Examine the name of the manufacturing/exporting organization or individual

- Case 1: If the name of the manufacturing/exporting organization or individual (based on the sale contract, commercial invoice) matches the name of the organization/individual stated in Column 1, or matches the corresponding organization/individual on the same row in Column 2, the duty rate corresponding to the same row in Column 3 of Section 3 of this Notice shall be paid.

- Case 2: If the name of the manufacturing/exporting organization or individual (based on the sale contract, commercial invoice) does not match the name of the organization/individual stated in Column 1 of Section 3, nor matches the corresponding organization/individual on the same row in Column 2 of Section 3, the AD duty shall be paid at the following rates:

+ 12.06% for goods with a certificate of origin from Malaysia;

+ 11% for goods with a certificate of origin from Thailand; and

+ 28% for goods with a certificate of origin from China.

6. Subsequent procedures

After this Decision takes effect, the Ministry of Industry and Trade shall coordinate with relevant management agencies to examine, monitor and supervise the effectiveness of the implementation of this Decision, based on information on the import situation of goods subject to anti-dumping duties and goods with a possibility of circumventing anti-dumping measures 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 on trade remedy measures.