Decision No. 2531/QD-BCT

DECISION

FINAL REVIEW RESULTS OF THE APPLICATION OF ANTI-DUMPING MEASURES ON CERTAIN ALUMINUM 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 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 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, as amended and supplemented by a number of articles under Decree No. 105/2024/NĐ-CP dated August 1, 2024 of the Government;

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. 2942/QĐ-BCT dated September 28, 2019 of the Minister of Industry and Trade applying official anti-dumping measures on certain aluminum products originating from the People's Republic of China;

Pursuant to Decision No. 1282/QĐ-BCT dated April 20, 2021 of the Minister of Industry and Trade on the results of the first review of the application of anti-dumping measures on certain aluminum products originating from the People's Republic of China;

Pursuant to Decision No. 74/QĐ-BCT dated January 16, 2023 of the Minister of Industry and Trade on the results of the second review of the application of anti-dumping measures on certain aluminum products originating from the People's Republic of China;

Pursuant to Decision No. 2537/QĐ-BCT dated October 3, 2023 of the Minister of Industry and Trade on the investigation into the final review of the application of anti-dumping measures on certain aluminum products originating from the People's Republic of China;

Pursuant to Decision No. 1359/QĐ-BCT dated June 5, 2024 of the Minister of Industry and Trade extending the time limit for the final review of the application of anti-dumping measures on certain aluminum products originating from the People's Republic of China (case code: ER01.AD05);

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

DECIDES:

Article 1. To extend for an additional 05 years the application of anti-dumping measures on certain aluminum products, alloyed or non-alloyed, in the form of bars, rods and profiles, extruded, whether or not surface-treated, whether or not further worked, imported into Vietnam and classified under HS codes 7604.10.10, 7604.10.90, 7604.21.90, 7604.29.10, 7604.29.90, originating from the People's Republic of China (case code: ER01.AD05), with details set out in the Notice attached to this Decision.

Article 2. Decisions on exemption from the application of anti-dumping measures on certain aluminum products stated in Article 1 of this Decision that were issued by the Minister of Industry and Trade before the effective date of this Decision shall continue to be implemented until the expiry of the validity period of such exemption decisions.

Article 3. This Decision takes effect from October 3, 2024.

Article 4. Decision No. 74/QĐ-BCT dated January 16, 2023 of the Minister of Industry and Trade shall cease to be effective from the effective date of this Decision.

Article 5. The Chief of the Ministry Office, the Director General of the Trade Remedies Authority of Vietnam, heads of units and relevant parties shall be responsible for implementing this Decision./.

NOTICE

FINAL REVIEW RESULTS OF THE APPLICATION OF ANTI-DUMPING MEASURES ON CERTAIN ALUMINUM PRODUCTS ORIGINATING FROM THE PEOPLE'S REPUBLIC OF CHINA (Attached to Decision No. 2531/QĐ-BCT dated September 23, 2024 of the Minister of Industry and Trade)

1. Goods subject to anti-dumping duty

a) Name and basic characteristics

Goods subject to anti-dumping duty are aluminum and aluminum products, alloyed or non-alloyed, in the form of bars, rods and profiles, extruded, whether or not surface-treated, whether or not further worked. These products have an allotropic form, a cubic lattice, can be designed in various shapes and cross-sections, can be produced in various surface colors, and are recyclable.

b) Goods codes (HS codes):

Goods subject to anti-dumping duty are classified under the following HS codes: 7604.10.10; 7604.10.90; 760421.90; 7604.29.10; 7604.29.90.

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

c) Origin: Goods subject to anti-dumping duty originate from the People's Republic of China (China).

2. Conclusion of the final review

The investigating authority determines that there exists a likelihood that the imported goods under investigation would continue or recur dumping causing injury to the domestic industry should the anti-dumping measures be terminated.

The investigating authority sent the draft final review conclusion to interested parties for comments in accordance with regulations.

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

4. Duration of application of anti-dumping measures

The anti-dumping duty rates stated in Section 3 above shall apply from October 3, 2024 to October 2, 2029 (except where changed or extended under another Decision of the Ministry of Industry and Trade based on the results of a review of the application of anti-dumping measures in accordance with law).

5. Procedures and documentation for inspection and application of anti-dumping measures

In order to have a basis for determining whether imported goods are subject to anti-dumping duty, the customs authority shall inspect the certificate of origin, the manufacturer's certificate and other relevant documents in accordance with the provisions below. The certificate of origin includes:

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

b) Self-certification 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; and

- The ASEAN Trade in Goods Agreement.

Specific inspection contents are as follows:

Step 1: Inspection of the certificate of origin

- Case 1: If the customs declarant fails to submit a certificate of origin, the applicable anti-dumping duty rate shall be 35.58%.

- Case 2: If the customs declarant submits a certificate of origin from a country or territory other than China, no anti-dumping duty shall be payable.

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

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

- Case 1: If (i) the customs declarant fails to submit a Manufacturer's Certificate, or (ii) submits a Manufacturer's Certificate but the name of the organization/individual stated therein does not match the name of the organization/individual stated in Column 1 of Section 3 of this Notice, the applicable anti-dumping duty rate shall be 35.58%.

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

Step 3: Inspection of the name of the exporting organization/individual

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

- Case 2: If the name of the exporting organization/individual (based on the sale contract, commercial invoice) does not match the name of the organization/individual stated in Column 1 of Section 3 and does not match the corresponding organization/individual name on the same row in Column 2 of Section 3, the anti-dumping duty rate of 35.58% shall apply.

6. Subsequent procedures

After this Decision takes effect, the Ministry of Industry and Trade shall coordinate with relevant management authorities to inspect, monitor and supervise the effectiveness of the implementation of this Decision, based on information on the import situation of goods subject to anti-dumping duty and goods likely to circumvent anti-dumping measures provided by the customs authority, pursuant to Article 14 of 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 on trade remedy measures.