Decision No. 2644/QD-BCT

DECISION

IMPOSING OFFICIAL ANTI-DUMPING DUTIES ON CERTAIN SORBITOL PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDIA, THE REPUBLIC OF INDONESIA AND THE PEOPLE'S REPUBLIC OF CHINA

THE 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/ND-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/ND-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 matters concerning trade remedies;

Pursuant to Decision No. 3752/QD-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;

Pursuant to Decision No. 3298/QD-BCT dated December 11, 2020 of the Minister of Industry and Trade on the investigation for the application of anti-dumping measures on certain Sorbitol products originating from the People's Republic of China, the Republic of India and the Republic of Indonesia;

Pursuant to Decision No. 1719/QD-BCT dated July 6, 2021 of the Minister of Industry and Trade imposing provisional anti-dumping duties on certain Sorbitol products originating from the People's Republic of China, the Republic of India and the Republic of Indonesia;

At the proposal of the Director of the Trade Remedies Authority,

DECIDES:

Article 1. To impose official anti-dumping duties on certain Sorbitol products classified under HS codes 2905.44.00 and 3824.60.00 originating from the Republic of India, the Republic of Indonesia and the People's Republic of China (case code: AD14). The details are set out in the Notice attached to this Decision.

Article 2. This Decision takes effect from the date of its issuance.

Article 3. The Chief of the Ministry Office, the Director of the Trade Remedies Authority and the heads of the units and related parties shall be responsible for implementing this Decision./.

NOTICE

ON THE IMPOSITION OF OFFICIAL ANTI-DUMPING DUTIES ON CERTAIN SORBITOL PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDIA, THE REPUBLIC OF INDONESIA AND THE PEOPLE'S REPUBLIC OF CHINA (issued together with Decision No. 2644/QD-BCT dated November 23, 2021 of the Minister of Industry and Trade)

1. Goods subject to official anti-dumping duties

a) Name and basic characteristics

- Name: Sorbitol syrup

- Basic characteristics: Sorbitol syrup with characteristics conforming to Vietnamese Standard TCVN 6466:2008 - Food additives - Sorbitol syrup, and Vietnamese Technical Regulation QCVN 4-33:2020/BYT - National technical regulation on food additives - Sorbitol syrup.

b) Commodity code (HS code) and the import duty rate currently in force

At present, the goods subject to official anti-dumping (AD) duties are classified under the following HS codes: 2905.44.00 and 3824.60.00.

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

The goods subject to official AD duties are goods originating from the Republic of India (India), the Republic of Indonesia (Indonesia) and the People's Republic of China (China).

2. Final investigation conclusion

The final investigation conclusion of the Investigating Authority determines the existence of: (i) dumping of the imported goods under investigation; (ii) material injury to the domestic industry; and (iii) a causal link between the dumped imports and the material injury to the domestic industry.

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

3. Official AD duty rates

4. Effect and duration of application of the official AD duties

a) Effect

The official AD duties take effect from the date the Decision imposing official AD duties is issued.

b) Duration of application

The official AD duties apply for 05 (five) years from the date the Decision imposing official AD duties takes effect (unless changed or extended by another Decision of the Minister of Industry and Trade).

5. Procedures and dossiers for the examination and application of official anti-dumping duties

In order to establish a basis for determining the origin of imported goods subject to AD duties, the customs authority shall examine the proof of origin. Proof of origin comprises:

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

b) A self-certification of origin document conforming to:

- 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 examination is carried out as follows:

Step 1: Examine the proof of origin

- Case 1: If the customs declarant does not submit a proof of origin, the AD duty rate of 68.50% applies.

- Case 2: If the customs declarant submits a proof of origin from a country or territory other than India, Indonesia and China, no AD duty is payable.

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

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

- Case 1: If: (i) the customs declarant cannot submit the manufacturer's certificate, or (ii) submits the manufacturer's certificate but the name of the organization or individual on the certificate does not match the name of the organization or individual listed in Column 1 of Section 3 of this Notice, the AD duty payable is as follows:

+ 52.75% for goods with a proof of origin from India;

+ 57.55% for goods with a proof of origin from Indonesia; and

+ 68.50% for goods with a proof of origin from China.

- Case 2: If the customs declarant submits the manufacturer's certificate and the name of the organization or individual on the certificate matches the name of the organization or individual listed in Column 1 of Section 3 of this Notice, proceed to Step 3.

Step 3: Examine the name of the producing or exporting organization or individual

- Case 1: If the name of the producing or exporting organization or individual (based on the sale and purchase contract and the commercial invoice) matches the name of the organization or individual listed in Column 1, or matches the name of the corresponding organization or individual on the same row in Column 2, the duty rate on the corresponding row in Column 3 of Section 3 of this Notice applies.

- Case 2: If the name of the producing or exporting organization or individual (based on the sale and purchase contract and the commercial invoice) does not match the name of the organization or individual in Column 1 of Section 3, or does not match the name of the corresponding organization or individual on the same row in Column 2 of Section 3, the AD duty payable is as follows:

+ 52.75% for goods with a proof of origin from India;

+ 57.55% for goods with a proof of origin from Indonesia; and

+ 68.50% for goods with a proof of origin from China.

6. AD duty differential

In this case, the following producing and exporting organizations and individuals are determined to have a differential between the official AD duty rate and the provisional AD duty rate:

- Where the AD duty differential in Column (3) of the table above is less than 0 (zero), the importing organization or individual shall be refunded the duty differential already paid in accordance with Clause 5, Article 68 of the Law on Foreign Trade Management No. 05/2017/QH14.

- Where the AD duty differential in Column (3) of the table above is greater than or equal to 0 (zero), the importing organization or individual shall not be subject to retrospective collection of the duty differential.

7. Next steps in 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 give notice of the receipt of applications for exemption after the Ministry of Industry and Trade issues the decision imposing the trade remedy measure.