Decision No. 691/QD-BCT

DECISION

ON THE EXTENSION OF THE APPLICATION OF SAFEGUARD MEASURES ON IMPORTED LONG STEEL PRODUCTS

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;

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 Decision No. 2968/QĐ-BCT dated July 18, 2016 of the Minister of Industry and Trade on the application of safeguard measures;

Pursuant to Decision No. 538/QĐ-BCT dated February 9, 2018 of the Minister of Industry and Trade on amending and supplementing Decision No. 2968/QĐ-BCT dated July 18, 2016 of the Minister of Industry and Trade on the application of safeguard measures;

Pursuant to Decision No. 918/QĐ-BCT dated March 20, 2020 of the Minister of Industry and Trade on the extension of the application of safeguard measures on imported steel billets and long steel products;

Pursuant to Decision No. 1726/QĐ-BCT dated July 7, 2021 of the Minister of Industry and Trade on amending and supplementing Decision No. 918/QĐ-BCT dated March 20, 2020 of the Minister of Industry and Trade;

Pursuant to Decision No. 2957/QĐ-BCT dated December 30, 2022 of the Minister of Industry and Trade on amending and supplementing Decision No. 918/QĐ-BCT dated March 20, 2020 of the Minister of Industry and Trade and Decision No. 1726/QĐ-BCT dated July 7, 2021 of the Minister of Industry and Trade;

Pursuant to Decision No. 2323/QĐ-BCT dated November 4, 2022 of the Minister of Industry and Trade on the final review of the application of safeguard measures on imported steel billets and long steel products;

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

DECIDES:

Article 1. To extend the application of safeguard measures on long steel products with HS codes: 7213.10.10; 7213.10.90; 7213.91.20; 7214.20.31; 7214.20.41; 7227.90.10; 7227.90.90; 7228.30.10; and 9811.00.10 referenced to HS codes 7227.90.10; 7227.90.90; 7228.30.10, imported into Vietnam, with details set out in the Notice attached to this Decision.

Article 2. Not to extend the application of safeguard measures on steel billet products with HS codes: 7207.11.00; 7207.19.00; 7207.20.29; 7207.20.99; 7224.90.00; and 9811.00.10 referenced to HS code 7224.90.00.

Article 3. The procedures for applying the extended safeguard measures shall be carried out in accordance with the law on trade remedies applicable to goods imported into Vietnam.

Article 4. This Decision takes effect from March 22, 2023.

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

NOTICE

ON THE EXTENSION OF THE APPLICATION OF SAFEGUARD MEASURES ON IMPORTED LONG STEEL PRODUCTS (Attached to Decision No. 691/QĐ-BCT dated March 21, 2023 of the Minister of Industry and Trade)

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14 dated June 12, 2017 and 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, the Ministry of Industry and Trade hereby notifies the details of the extension of the application of safeguard measures on long steel products imported into Vietnam (case code ER02.SG04) as follows:

1. Imported goods subject to the application of safeguard measures

Imported goods subject to the application of safeguard measures include alloy and non-alloy long steel products (including steel in coils and steel bars) imported into Vietnam, with HS codes 7213.10.10; 7213.10.90; 7213.91.20; 7214.20.31; 7214.20.41; 7227.90.10; 7227.90.90; 7228.30.10; 9811.00.10.

For HS code 9811.00.10, the safeguard measure applies only to imported goods referenced to the original HS codes 7227.90.10; 7227.90.90; 7228.30.10, and does not apply to imported goods referenced to the remaining original HS codes.

Long steel products with any of the following characteristics are excluded from the scope of application of safeguard measures:

(1) Plain round steel bars with a nominal diameter greater than 14 mm;

(2) Steel containing any of the following elements within the following percentage (%) ranges: C > 0.37%; Si > 0.60%; Cr > 0.60%; Ni > 0.60%; Cu > 0.60%;

(3) Alloy steel wire rod with HS codes 7227.90.10; 7227.90.90 used to manufacture welding electrodes (welding materials).

For organizations and individuals importing long steel products under items (1) and (2), in order to be excluded from the scope of application of safeguard measures, upon importation of goods they must provide the customs authority with appropriate documents proving that the imported goods satisfy the above exemption criteria for the application of safeguard measures.

For organizations and individuals importing steel wire rod products under item (3), please refer to Article 4 of this Notice to carry out the procedures for exemption from the application of the above safeguard measures.

2. Tax rates and duration of the extension of the application of safeguard measures

3. List of countries/territories with negligible import volumes excluded from the application of safeguard measures

The list of developing countries/territories excluded from the application of safeguard measures is set out in the Appendix attached to this Notice. In the event that the import volume from a developing country/territory in this Appendix exceeds 3% of Vietnam's total import volume, or the total import volume from the developing countries/territories in the above list exceeds 9% of Vietnam's total import volume, the Ministry of Industry and Trade will issue a decision amending and supplementing this Appendix.

For importing organizations and individuals, in order to be excluded from the application of safeguard measures under the above provisions, in addition to the documents required by the customs authorities and specialized agencies, upon importation of goods they must provide the customs authority with a Certificate of Origin conforming to current regulations, clearly stating that the imported goods originate from a country/territory named in the list in the Appendix to this Notice.

4. Exemption from the application of safeguard measures

In the event that importing organizations and individuals consider that their imported products satisfy the provisions on the scope of exemption from the application of trade remedy measures set out in item (3) of Article 1 of this Notice and Article 10 of Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Ministry of Industry and Trade detailing a number of contents on trade remedy measures, the importing organizations and individuals have the right to submit an application dossier requesting exemption from the application of safeguard measures to the Trade Remedies Authority - Ministry of Industry and Trade. The procedure for submitting the exemption application dossier shall be based on Circular No. 37/2019/TT-BCT.

APPENDIX

(Attached to the Notice accompanying Decision No. 691/QĐ-BCT dated March 21, 2023 of the Minister of Industry and Trade)

LIST OF DEVELOPING COUNTRIES/TERRITORIES EXCLUDED FROM THE APPLICATION OF SAFEGUARD MEASURES

1. Sub-Saharan Africa

2. Asia-Pacific

3. Europe and Central Asia

4. Latin America and the Caribbean

5. Middle East and North Africa

6. South Asia