Decision No. 235/QD-BCT

DECISION

OFFICIAL APPLICATION OF ANTI-DUMPING MEASURES ON CERTAIN TABLE AND CHAIR PRODUCTS FROM THE PEOPLE'S REPUBLIC OF CHINA AND TERMINATION OF THE ANTI-DUMPING INVESTIGATION ON CERTAIN TABLE AND CHAIR PRODUCTS FROM MALAYSIA

MINISTER OF INDUSTRY AND TRADE

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14 dated June 12, 2017;

Pursuant to Decree No. 10/2018/NĐ-CP dated January 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management regarding trade remedy measures;

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 remedy measures;

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

Pursuant to Decision No. 2639/QĐ-BCT dated December 02, 2022 of the Minister of Industry and Trade defining the functions, tasks, powers, and organizational structure of the Trade Remedies Authority;

Pursuant to Decision No. 2091/QĐ-BCT dated September 01, 2021 of the Minister of Industry and Trade on conducting an investigation into the application of anti-dumping measures on certain table and chair products originating from the People's Republic of China and Malaysia;

Pursuant to Decision No. 1621/QĐ-BCT dated August 15, 2022 of the Minister of Industry and Trade extending the investigation period for the application of anti-dumping measures on certain table and chair products originating from Malaysia and the People's Republic of China;

Pursuant to Decision No. 1991/QĐ-BCT dated September 30, 2022 of the Minister of Industry and Trade on the application of provisional anti-dumping measures on certain table and chair products from Malaysia and the People's Republic of China;

Pursuant to Decision No. 2958/QĐ-BCT dated December 30, 2022 of the Minister of Industry and Trade amending and supplementing Decision No. 1991/QĐ-BCT dated September 30, 2022 of the Minister of Industry and Trade on the application of provisional anti-dumping measures on certain table and chair products;

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

DECIDES:

Article 1. To apply official anti-dumping duties on certain table and chair products classified under HS codes 9401.31.00, 9401.39.00, 9401.41.00, 9401.49.00, 9401.61.00, 9401.69.90, 9401.71.00, 9401.79.90, 9401.80.00, 9403.30.00 from the People's Republic of China (case code: AD16). Details are set out in the Notice attached to this Decision.

Article 2. To terminate the anti-dumping investigation and not apply anti-dumping duties on certain table and chair products from Malaysia. Details are set out in the Notice attached to this Decision.

Article 3. This Decision takes effect from February 13, 2023.

Article 4. The Chief of the Ministry Office, the Director General of the Trade Remedies Authority, heads of relevant units, and related parties are responsible for the implementation of this Decision.

NOTICE

OFFICIAL APPLICATION OF ANTI-DUMPING DUTIES ON CERTAIN TABLE AND CHAIR PRODUCTS FROM THE PEOPLE'S REPUBLIC OF CHINA (Issued together with Decision No. 235/QĐ-BCT dated February 13, 2023 of the Minister of Industry and Trade)

1. Goods subject to official anti-dumping duties

The goods subject to official anti-dumping (AD) duties include certain table and chair products from the People's Republic of China (China).

1.1. Table products

a) Name and basic characteristics

The table products subject to official AD duties are tables in fully assembled or unassembled form. "Unassembled" means the table components are separated and require an assembly process of parts such as table legs and tabletops to create the complete product. The complete product is a table that has been or will be assembled with other parts ready for immediate use, or that may be assembled with additional parts such as drawers, shelves, etc.

The above table products have the following characteristics:

- The tabletop is made of MDF, HDF, LDF, plywood, or particle board (engineered wood), with a surface coated with melamine, paper, varnish, or laminate.

- The table legs are made of engineered wood or metal.

- The table has the following dimensions:

• Length: from 990mm to 3,210mm;

• Width: from 590mm to 1,410mm;

• Tabletop thickness (including the coating layer): from 12mm to 85mm.

• Height from the floor to the top surface of the tabletop: from 675mm to 770mm.

For combined tables and modular tables, the above dimensions apply to a single table unit before combination.

b) Goods code (HS code) and current import duty rate

The table products subject to official AD duties are classified under the following HS code: 9403.30.00.

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 goods under investigation and other changes (if any).

c) Goods excluded from the application of official AD duties

Table products satisfying any of the following conditions are excluded from the scope of application of official AD duties on table products:

- Table products with characteristics different from those described in the scope of table products subject to AD measures

- Tables with a round tabletop;

- Tables with legs or a tabletop made entirely of natural wood;

- Tables with legs or a tabletop made entirely of plastic material;

- Tables made entirely, or having at least one main component (legs, tabletop, frame) made, of rattan, wicker, bamboo, or similar materials;

- Tables with a tabletop height-adjustment function, where the difference between the highest and lowest height from the floor to the top surface of the table is at least 95mm;

- Individual separate components of a table that are not part of a group of components packaged together for assembly into a complete table on site;

- Tables with dimensions different from those of the table products specified in Section 1.1(a) above.

1.2. Chair products

a) Name and basic characteristics

The chair products subject to official AD duties are chairs, whether swivel or non-swivel, height-adjustable or not, reclining or not, convertible into a bed or not, in fully assembled form or packaged as chair components accompanying each other for on-site assembly.

For chair products that are not height-adjustable and have a fixed seat: chairs with a height from the floor to the top surface of the seat, at the lowest position of the seat, of more than 450mm and less than 600mm.

For chair products with a non-fixed seat (that automatically folds back when not in use): chairs with a height from the floor to the top surface of the seat, at the lowest position of the seat in the state of use, of more than 450mm and less than 600mm.

b) Goods code (HS code) and current import duty rate

The chair products subject to official AD duties are classified under the following HS codes: 9401.31.00, 9401.39.00, 9401.41.00, 9401.49.00, 9401.61.00, 9401.69.90, 9401.71.00, 9401.79.90, 9401.80.00.

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 goods under investigation and other changes (if any).

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 goods under investigation and other changes (if any).

c) Goods excluded from the application of official AD duties

Chair products satisfying any of the following conditions are excluded from the scope of application of official AD duties on chair products:

- Chair products with characteristics different from those described in the scope of chair products subject to AD measures;

- Chairs made entirely of plastic materials;

- Chairs made entirely, or having at least one main component (seat, seat underside covering, backrest, legs, frame) made, entirely of rattan, wicker, bamboo, or similar materials;

- Chairs with legs made of aluminum material;

- Individual separate components of a chair that are not part of a group of components packaged together for assembly into a complete chair on site.

- Chairs with a height-adjustment function, with the highest height from the floor to the top surface of the seat (at the lowest point of the seat) equal to or greater than 600mm.

2. Final conclusion

The final conclusion of the Investigating Authority determines that:

(i) there exists dumping of the imported goods under investigation from China and Malaysia;

(ii) the volume of dumped goods under investigation imported from Malaysia during the investigation period is negligible (less than 3%) compared to the total import volume;

(iii) the domestic industry is suffering material injury; and

(iv) there is a causal relationship between the importation of dumped goods from China and the material injury to the domestic industry

Accordingly, the Ministry of Industry and Trade decides to apply official AD duties on certain table and chair products from China and to terminate the anti-dumping investigation on certain table and chair products from Malaysia.

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 duties.

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 duties (except where changed or extended under another Decision of the Minister of Industry and Trade).

5. Procedures and documentation for inspection 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 inspect the certificate of origin documents. Certificate of origin documents include:

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

b) A self-certified certificate of origin document 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; or

- The ASEAN Trade in Goods Agreement.

The specific inspection content is as follows:

- Case 1: If the customs declarant submits a certificate of origin document from a country or territory other than China, official AD duties are not payable.

- Case 2: In all other cases, the official AD duty rates apply as follows:

+ 35.20% for table products;

+ 21.40% for chair products.

6. Refund of provisional anti-dumping duties

Organizations and individuals importing goods that are not subject to official AD duties under this Decision shall be refunded the provisional AD duties already paid under Decision No. 1991/QĐ-BCT dated September 30, 2022 and Decision No. 2958/QĐ-BCT dated December 30, 2022, in accordance with the law.

7. Subsequent procedures of the case

Pursuant to Point b, Clause 1, Article 16 of Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade, the Investigating Authority will announce the receipt of exemption request applications after the Ministry of Industry and Trade issues the decision on the official application of trade remedy measures.

[1] Not applicable to goods from Cambodia.

[2] Not applicable to goods from Cambodia, Brunei.

[3] Not applicable to goods from Cambodia.

[4] Not applicable to goods from Cambodia.

[5] Not applicable to goods from Cambodia, Brunei.