Decision No. 2866/QD-BCT

DECISION

ON THE RESULTS OF THE FIRST REVIEW OF THE ANTI-DUMPING MEASURE APPLICABLE TO CERTAIN POLYESTER FILAMENT YARN PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDIA, THE REPUBLIC OF INDONESIA, MALAYSIA 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 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. 96/2022/NĐ-CP dated November 29, 2022 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. 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 Viet Nam;

Pursuant to Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade on imposition of definitive anti-dumping duty on certain polyester filament yarn products originating from the People's Republic of China, the Republic of India, the Republic of Indonesia and Malaysia;

Pursuant to Decision No. 928/QĐ-BCT dated May 13, 2022 of the Minister of Industry and Trade correcting certain contents of Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade;

Pursuant to Decision No. 2954/QĐ-BCT dated December 30, 2022 of the Minister of Industry and Trade on the first review of the anti-dumping measure applicable to certain polyester filament yarn products originating from the Republic of India, the Republic of Indonesia, Malaysia and the People's Republic of China;

Pursuant to Decision No. 2963/QĐ-BCT dated December 30, 2022 of the Minister of Industry and Trade amending and supplementing Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade on imposition of definitive anti-dumping duty on certain polyester filament yarn products, and Decision No. 928/QĐ-BCT dated May 13, 2022 of the Minister of Industry and Trade correcting certain contents of Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade;

Pursuant to Decision No. 1511/QĐ-BCT dated June 22, 2023 of the Minister of Industry and Trade extending the time limit for the first review of the anti-dumping measure applicable to certain polyester filament yarn products originating from the Republic of India, the Republic of Indonesia, Malaysia and 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 adjust the anti-dumping duty rates for certain company groups based on the results of the first review of the anti-dumping measure applicable to certain polyester filament yarn products originating from the Republic of India, the Republic of Indonesia, Malaysia and the People's Republic of China (case No. AR01.AD10), with details set out in the Notice attached to this Decision.

Article 2. The order and procedures for applying the anti-dumping measure follow the law on anti-dumping of goods imported into Viet Nam, the law on import and export duties and other relevant legal provisions.

Article 3. 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 4. This Decision takes effect 03 days after the date of its issuance.

Article 5. 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

ADJUSTMENT OF THE ANTI-DUMPING DUTY RATES FOR CERTAIN COMPANY GROUPS BASED ON THE RESULTS OF THE FIRST REVIEW OF THE ANTI-DUMPING MEASURE APPLICABLE TO CERTAIN POLYESTER FILAMENT YARN PRODUCTS ORIGINATING FROM THE REPUBLIC OF INDIA, THE REPUBLIC OF INDONESIA, MALAYSIA AND THE PEOPLE'S REPUBLIC OF CHINA (Attached to Decision No. 2866/QĐ-BCT dated November 1, 2023 of the Minister of Industry and Trade)

1. Company groups whose anti-dumping duty rates are adjusted

The company groups whose anti-dumping (AD) duty rates are adjusted under the results of the first review comprise:

- The group of Fujian Litchi New Material Co., Ltd. and related companies. The producers and exporters of this group are numbered 15 to 17 in the duty-rate table in Section 3 of the Notice attached to Decision No. 2302/QĐ-BCT dated October 13, 2021.

- The group of Suzhou Shenghong Fiber Co., Ltd. and related companies. The producers and exporters of this group are numbered 31 to 35 in the duty-rate table in Section 3 of the Notice attached to Decision No. 2302/QĐ-BCT dated October 13, 2021.

- The group of Xinfengming Group Huzhou Zhongshi Technology and related companies. The producers and exporters of this group are numbered 48 to 55 in the duty-rate table in Section 3 of the Notice attached to Decision No. 2302/QĐ-BCT dated October 13, 2021.

- The group of Zhejiang Hengyi Petrochemicals Co., Ltd. and related companies. The producers and exporters of this group are numbered 56 to 64 in the duty-rate table in Section 3 of the Notice attached to Decision No. 2302/QĐ-BCT dated October 13, 2021.

2. Anti-dumping duty rates under the review results

For the company groups described in Section 1 of this Notice, the names of the producing and exporting entities and related trading companies and the applicable AD duty rates are as follows:

3. Duration of the anti-dumping measure

The AD duty rates in Section 2 of this Notice apply from the effective date of the Decision on the results of the first review of the anti-dumping measure applicable to certain polyester filament yarn products originating from the Republic of India, the Republic of Indonesia, Malaysia and the People's Republic of China until October 15, 2026 (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).

4. Other contents

The description of the goods subject to the anti-dumping measure, their origin, and the procedures and dossiers for inspection and application of the measure follow:

- Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade on imposition of definitive anti-dumping duty on certain polyester filament yarn products originating from the People's Republic of China, the Republic of India, the Republic of Indonesia and Malaysia;

- Decision No. 928/QĐ-BCT dated May 13, 2022 of the Minister of Industry and Trade correcting certain contents of Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade; and

- Decision No. 2963/QĐ-BCT dated December 30, 2022 of the Minister of Industry and Trade amending and supplementing Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade on imposition of definitive anti-dumping duty on certain polyester filament yarn products, and Decision No. 928/QĐ-BCT dated May 13, 2022 of the Minister of Industry and Trade correcting certain contents of Decision No. 2302/QĐ-BCT dated October 13, 2021 of the Minister of Industry and Trade.