Decision No. 1640/QD-BCT

DECISION

ON THE RESULTS OF THE EXPIRY REVIEW OF THE ANTI-DUMPING MEASURE APPLICABLE TO CERTAIN H-SECTION STEEL PRODUCTS ORIGINATING FROM 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, 2018 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. 3283/QĐ-BCT dated August 21, 2017 of the Minister of Industry and Trade on imposition of the definitive anti-dumping measure on H-section steel products originating from the People's Republic of China;

Pursuant to Decision No. 3024/QĐ-BCT dated November 20, 2020 of the Minister of Industry and Trade on the results of the first review of the anti-dumping measure applicable to H-section steel products;

Pursuant to Decision No. 2301/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade on the expiry review of the anti-dumping measure applicable to certain H-section steel products originating from the People's Republic of China;

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

HEREBY DECIDES:

Article 1. To extend the anti-dumping measure for a further 05 years on certain H-section steel products imported into Viet Nam, classified under HS codes 7216.33.11, 7216.33.19, 7216.33.90, 7228.70.10 and 7228.70.90, originating from the People's Republic of China (case No. ER01.AD03). Details are set out in the Notice attached to this Decision.

Article 2. 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 3. This Decision takes effect from September 6, 2022.

Article 4. 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

RESULTS OF THE EXPIRY REVIEW OF THE ANTI-DUMPING MEASURE APPLICABLE TO CERTAIN H-SECTION STEEL PRODUCTS ORIGINATING FROM THE PEOPLE'S REPUBLIC OF CHINA (Attached to Decision No. 1640/QĐ-BCT dated August 19, 2022 of the Minister of Industry and Trade)

1. Goods subject to the anti-dumping duty

a) Name and basic characteristics

H-section steel products, alloy or non-alloy, consist of a straight central web with two horizontal flanges at the top and bottom. H-section steel is also known as "H-beam", "W-beam" or wide-flange beam steel.

b) HS codes and current import duty rates

H-section steel subject to the anti-dumping duty is classified under the following HS codes: 7216.33.11, 7216.33.19, 7216.33.90, 7228.70.10, 7228.70.90.

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

c) Goods excluded from the anti-dumping measure

H-section steel satisfying any of the following conditions is not subject to the anti-dumping measure:

- A height of 704 mm or more, or a width of 303 mm or more;

- Dimensions of 100 mm x 55 mm or 120 mm x 64 mm.

H-section and I-section steel are distinguished according to the national standards (TCVN) on H-section and I-section steel, namely:

- TCVN 7571-15:2019 - Hot-rolled steel sections - Part 15: I-sections;

- TCVN 7571-16:2017 - Hot-rolled steel sections - Part 16: H-sections.

2. Determination

The investigating authority's final determination establishes the likelihood that: (i) dumping of the imported goods under investigation would continue if the measure were terminated; and (ii) the domestic industry would continue to suffer material injury if the anti-dumping measure were terminated.

The investigating authority sent the draft final determination to related parties for comment in accordance with regulations.

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

4. Duration of the anti-dumping measure

The anti-dumping measure in Section 3 above applies from September 6, 2022 to September 5, 2027 (unless changed or extended under another Decision of the Ministry of Industry and Trade based on the results of a review of the measure in accordance with law).

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

To establish the origin of imported goods subject to the anti-dumping duty, the customs authority shall inspect the proof of origin. 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 33.51% applies.

- Case 2: Where the customs declarant submits a proof of origin from a country or territory other than China, no anti-dumping duty is payable.

- Case 3: Where the customs declarant submits a proof of origin from 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 3 of this Notice, the anti-dumping duty rate of 33.51% applies.

- 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 3 of this Notice, proceed to Step 3.

Step 3: Inspection of the producing or exporting entity's name

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

- Case 2: Where the producing or exporting entity's name (based on the sales contract and commercial invoice) matches no entity named in Column 1 of Section 3 and no corresponding entity in the same row in Column 2 of Section 3, the anti-dumping duty rate of 33.51% applies.

6. 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.