Decision No. 3453/QD-BCT

DECISION

OFFICIAL APPLICATION OF ANTI-DUMPING MEASURES ON CERTAIN WIND TOWER PRODUCTS ORIGINATING FROM 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 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 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 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 Decree No. 105/2024/NĐ-CP dated August 1, 2024 of the Government amending and supplementing a number of articles of Government 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, and Government Decree No. 26/2018/NĐ-CP dated February 28, 2018 on the charter of organization and operation of Vietnam Electricity;

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. 2494/QĐ-BCT dated September 25, 2023 of the Minister of Industry and Trade on conducting an investigation into the application of anti-dumping measures on wind tower products originating from the People's Republic of China;

Pursuant to Decision No. 2539/QĐ-BCT dated September 24, 2024 of the Minister of Industry and Trade on extending the investigation period for the application of anti-dumping measures on certain wind tower products from the People's Republic of China;

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

DECIDES:

Article 1. To officially apply anti-dumping duties on wind tower products from the People's Republic of China classified under HS codes 7308.20.11 and 7308.20.19, or, where imported as a part of a wind-powered generator set, classified under HS codes 8502.31.10 and 8502.31.20 (case code: AD18), with details set out in the Notice attached to this Decision.

Article 2. The investigation order and procedures shall follow Vietnam's laws on trade remedies.

Article 3. This Decision takes effect 15 days from the date of its issuance.

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

NOTICE

OFFICIAL APPLICATION OF ANTI-DUMPING DUTIES ON WIND TOWER PRODUCTS ORIGINATING FROM THE PEOPLE'S REPUBLIC OF CHINA (Issued together with Decision No. 3453/QĐ-BCT dated December 24, 2024 of the Minister of Industry and Trade)

1. Goods subject to the official anti-dumping duty

Goods subject to the official anti-dumping (AD) duty comprise wind tower products originating from the People's Republic of China (China).

a) Name and basic characteristics

- Name: Wind power tower, or wind tower;

- Scientific name/English name: Wind tower;

- The wind tower product subject to the AD duty is a part of wind-powered generators, typically of steel cylindrical structure. The wind tower is the section connecting the tower foundation and the nacelle housing the wind turbine. This product is erected on the foundation to support the wind turbine and blades, bearing load during operation of the wind-powered generator.

b) Goods code (HS code)

The wind tower product subject to the AD duty may be classified under HS codes 7308.20.11 and 7308.20.19, or, where imported as a part of a wind-powered generator set, classified under HS codes 8502.31.10 and 8502.31.20.

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods subject to the official AD duty to conform with the description of the investigated goods and other changes (if any).

2. Investigation conclusion

The final investigation conclusion of the Investigating Authority determines that there exists: (i) dumping conduct of the investigated imported goods; (ii) material injury to the domestic industry; and (iii) a causal relationship between the imports of dumped goods and the material injury to the domestic industry.

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

3. Official AD duty rate

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

a) Effect

The official AD duty takes effect from the date the Decision applying the official AD duty takes effect.

b) Duration of application

The duration of application of the official AD duty is 05 (five) years from the date the Decision applying the official AD duty takes effect (unless changed or extended under another Decision of the Minister of Industry and Trade).

5. Procedures and dossiers for inspection and application of the official AD duty

To have a basis for determining whether imported goods are subject to the AD duty, the Customs Authority shall inspect the certificate of origin. The certificate of origin documents include:

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

b) A 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;

- The ASEAN Trade in Goods Agreement; or

- 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

- Case 1: If the customs declarant does not submit a certificate of origin, the official AD duty rate of 97% shall apply.

- Case 2: If the customs declarant submits a certificate of origin from a country or territory other than China, no official AD 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 (original) 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 certificate does not match the name of the organization/individual stated in Column 1 of Section 3 of this Notice, the AD duty of 97% shall be payable in respect of goods with a certificate of origin from China.

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

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

- Case 1: If the name of the manufacturing/exporting organization or individual (based on the sale contract, commercial invoice) matches the name of the organization/individual stated in Column 1, that consignment shall not be subject to the AD duty.

- Case 2: If the name of the manufacturing/exporting organization or individual (based on the sale contract, commercial invoice) does not match the name of the organization/individual in Column 1 of Section 3, the AD duty of 97% shall be payable.

6. Subsequent procedures

After the 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 the Decision, based on information about the import situation of goods subject to the anti-dumping duty and goods with potential for circumvention of the anti-dumping measure provided by the customs authority, pursuant to Article 14 of Government Decree No. 10/2018/NĐ-CP dated January 15, 2018 detailing a number of articles of the Law on Foreign Trade Management on trade remedy measures.