Decision No. 2822/QD-BCT

DECISION

FINAL REVIEW RESULTS OF THE APPLICATION OF ANTI-DUMPING MEASURES ON CERTAIN ALLOY OR NON-ALLOY STEEL PRODUCTS, FLAT-ROLLED, PAINTED, ORIGINATING FROM THE REPUBLIC OF KOREA 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 Decree No. 10/2018/ND-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/ND-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 Decree No. 105/2024/ND-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/QD-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;

Pursuant to Decision No. 3198/QD-BCT dated October 24, 2019 of the Minister of Industry and Trade on the application of anti-dumping duties on certain alloy or non-alloy steel products, flat-rolled, painted, originating from the People's Republic of China and the Republic of Korea;

Pursuant to Decision No. 1283/QD-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 alloy or non-alloy steel products, flat-rolled, painted, originating from the People's Republic of China and the Republic of Korea;

Pursuant to Decision No. 2964/QD-BCT dated December 30, 2022 of the Minister of Industry and Trade amending and supplementing Decision No. 1283/QD-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 alloy or non-alloy steel products, flat-rolled, painted;

Pursuant to Decision No. 84/QD-BCT dated January 18, 2023 of the Minister of Industry and Trade on the results of the new exporter review in the case of application of anti-dumping measures on certain alloy or non-alloy steel products, flat-rolled, painted, originating from the Republic of Korea and the People's Republic of China (case code NR02.AD04);

Pursuant to Decision No. 449/QD-BCT dated February 24, 2023 of the Minister of Industry and Trade amending a number of contents of Decision No. 84/QD-BCT dated January 18, 2023 of the Minister of Industry and Trade on the results of the new exporter review in the case of application of anti-dumping measures on certain alloy or non-alloy steel products, flat-rolled, painted, originating from the Republic of Korea and the People's Republic of China;

Pursuant to Decision No. 2751/QD-BCT dated October 23, 2023 of the Minister of Industry and Trade on the investigation of the final review of the application of anti-dumping measures on certain alloy or non-alloy steel products, flat-rolled, painted, originating from the Republic of Korea and the People's Republic of China;

Pursuant to Decision No. 1358/QD-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 alloy or non-alloy steel products, flat-rolled, painted, originating from the Republic of Korea and the People's Republic of China (case code: ER01.AD04);

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

DECIDES:

Article 1. To extend for a further 05 years the application of anti-dumping measures on certain alloy or non-alloy steel products, flat-rolled, painted, imported into Vietnam and classified under HS codes 7210.70.12, 7210.70.13, 7210.70.19, 7210.70.21, 7210.70.29, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7212.40.13, 7212.40.14, 7212.40.19, 7212.40.91, 7212.40.99, 7225.99.90, 7226.99.19, 7226.99.99, originating from the Republic of Korea and the People's Republic of China (case code: ER01.AD04), with details set out in the Notification attached to this Decision.

Article 2. The Decisions on exemption from application of anti-dumping measures on certain steel products referred to 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 apply until the expiry of the validity of such exemption decisions.

Article 3. This Decision takes effect from the date of its signing.

Article 4. The following Decisions cease to be effective

1. Decision No. 3198/QD-BCT dated October 24, 2019 of the Minister of Industry and Trade on the application of anti-dumping duties on certain alloy or non-alloy steel products, flat-rolled, painted, originating from the People's Republic of China and the Republic of Korea;

2. Decision No. 1283/QD-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 alloy or non-alloy steel products, flat-rolled, painted, originating from the People's Republic of China and the Republic of Korea;

3. Decision No. 2964/QD-BCT dated December 30, 2022 of the Minister of Industry and Trade amending and supplementing Decision No. 1283/QD-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 alloy or non-alloy steel products, flat-rolled, painted;

4. Decision No. 84/QD-BCT dated January 18, 2023 of the Minister of Industry and Trade on the results of the new exporter review in the case of application of anti-dumping measures on certain alloy or non-alloy steel products, flat-rolled, painted, originating from the Republic of Korea and the People's Republic of China (case code NR02.AD04); and

5. Decision No. 449/QD-BCT dated February 24, 2023 of the Minister of Industry and Trade amending a number of contents of Decision No. 84/QD-BCT dated January 18, 2023 of the Minister of Industry and Trade on the results of the new exporter review in the case of application of anti-dumping measures on certain alloy or non-alloy steel products, flat-rolled, painted, originating from the Republic of Korea and the People's Republic of China.

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

NOTIFICATION

FINAL REVIEW RESULTS OF THE APPLICATION OF ANTI-DUMPING MEASURES ON CERTAIN ALLOY OR NON-ALLOY STEEL PRODUCTS, FLAT-ROLLED, PAINTED, ORIGINATING FROM THE REPUBLIC OF KOREA AND THE PEOPLE'S REPUBLIC OF CHINA (Attached to Decision No. 2822/QD-BCT dated October 24, 2024 of the Minister of Industry and Trade)

1. Goods subject to anti-dumping duties

a) Name and basic characteristics

The goods subject to anti-dumping duties are certain alloy or non-alloy steel products, flat-rolled, coated or uncoated, subsequently painted.

Common name: color-coated steel or color steel sheet

b) Goods codes (HS codes):

The goods subject to anti-dumping duties are classified under the following HS codes: 7210.70.12, 7210.70.13, 7210.70.19, 7210.70.21, 7210.70.29, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7212.40.13, 7212.40.14, 7212.40.19, 7212.40.91, 7212.40.99, 7225.99.90, 7226.99.19, 7226.99.99.

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

c) Origin: The goods subject to anti-dumping duties originate from the Republic of Korea (South Korea) and the People's Republic of China (China).

d) Products exempted from the application of anti-dumping measures

(i) Products with a hot-rolled steel base layer;

(ii) Products with an unpainted surface;

(iii) High-quality PCM and VCM color-coated steel products used in the electronics and household electrical appliance industries;

(iv) PVDF-painted steel products used in thermal power plants;

(v) Color-coated steel products not yet produced domestically;

In cases where enterprises import products under sub-items (i) and (ii) above, in order to be exempted from the application of anti-dumping measures, they must rely on the inspection results of the customs authority or the assessment results of assessment organizations operating in accordance with the law.

In cases where enterprises import products under sub-items (iii), (iv) and (v) above and have not yet been granted an exemption decision, they may submit an application for exemption from the application of anti-dumping measures to the Trade Remedies Authority - Ministry of Industry and Trade in accordance with the specific guidance in Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade and Circular No. 42/2023/TT-BCT dated December 28, 2023 of the Minister of Industry and Trade.

2. Final review conclusion

The investigating authority determines that there is a likelihood that the imported goods under investigation will continue or recur dumping causing injury to the domestic industry in the event the anti-dumping measure is terminated.

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

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

4. Duration of application of anti-dumping measures

The anti-dumping duty rates in Section 3 above shall apply from October 24, 2024 to October 23, 2029 (unless 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 dossiers for inspection and application of anti-dumping measures

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

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

b) Self-certification of origin 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 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; and

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

The specific inspection contents are as follows:

Step 1: Inspection of the certificate of origin of goods

- Case 1: If the customs declarant fails to submit a certificate of origin of goods, the anti-dumping duty rate of 34.27% shall apply.

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

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

Step 2: Inspection of the (original) Manufacturer's Quality Certificate (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 Manufacturer's Certificate does not match the name of the organization/individual stated in Column 1 of Section 3 of this Notification, the anti-dumping duty rate of 34.27% shall apply to goods with a certificate of origin from China, and 19.25% shall apply to goods with a certificate of origin from Korea.

- Case 2: If the customs declarant submits the Manufacturer's Certificate and the name of the manufacturer on the Certificate matches the name of the manufacturer stated in Column 1 of Section 3 of this Notification, 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 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 Notification shall be payable.

- 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 on the same row in Column 2 of Section 3, the anti-dumping duty rate of 34.27% shall apply to goods with a certificate of origin from China, and 19.25% shall apply to goods with a certificate of origin from Korea.

6. Subsequent procedures

After the Decision takes effect, the Ministry of Industry and Trade will coordinate with relevant management agencies to inspect, monitor and supervise the effectiveness of the implementation of the Decision on the basis of information on the situation of imports of goods subject to anti-dumping duties and goods likely to circumvent the anti-dumping measure, provided by the customs authority in accordance with Article 14 of Decree No. 10/2018/ND-CP dated January 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management on trade remedy measures.