Decision No. 693/QD-BCT

DECISION

EXTENSION OF THE APPLICATION OF ANTI-CIRCUMVENTION TRADE REMEDY MEASURES

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 provisions on trade remedy measures;

Pursuant to Decision No. 1230/QĐ-BCT dated May 13, 2019 of the Minister of Industry and Trade on the application of anti-circumvention trade remedy measures;

Pursuant to Decision No. 920/QĐ-BCT dated March 20, 2020 of the Minister of Industry and Trade on the extension of the application of anti-circumvention trade remedy measures;

Pursuant to Decision No. 691/QĐ-BCT dated March 21, 2023 of the Minister of Industry and Trade on the extension of the application of safeguard measures on imported long steel products;

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

DECIDES:

Article 1. To extend the application of anti-circumvention trade remedy measures on coil/wire steel products with HS codes: 7213.91.90, 7217.10.10, 7217.10.29, 7229.90.99, 9839.10.00 imported into Vietnam from various countries/territories, with details set out in the Notice enclosed with this Decision.

Article 2. The order and procedures for applying the measure shall be implemented in accordance with the law on trade remedies applicable to goods imported into Vietnam.

Article 3. This Decision takes effect from March 22, 2023.

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

NOTICE

ON THE APPLICATION OF ANTI-CIRCUMVENTION TRADE REMEDY MEASURES (Enclosed with Decision No. 693/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 (the "Law on Foreign Trade Management"); 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 ("Decree 10/2018/NĐ-CP"); and Circular No. 37/2019/TT-BCT of the Minister of Industry and Trade dated November 29, 2019 detailing a number of provisions on trade remedy measures ("Circular 37/2019/TT-BCT"), the Ministry of Industry and Trade hereby announces the details of the application of anti-circumvention trade remedy measures on coil/wire steel products with HS codes: 7213.91.90, 7217.10.10, 7217.10.29, 7229.90.99, 9839.10.00 imported into Vietnam (case code AC01.SG04) as follows:

1. Goods subject to the application of anti-circumvention trade remedy measures

Goods subject to the application of anti-circumvention trade remedy measures are coil steel and wire steel products with HS codes: 7213.91.90, 7217.10.10, 7217.10.29, 7229.90.99, 9839.10.00 imported into Vietnam from various countries/territories. Coil steel and wire steel products having any of the following characteristics are excluded from the scope of application of anti-circumvention trade remedy measures:

(i) Steel containing any of the following elements within the following percentage (%) by weight ranges: Carbon (C) > 0.37%; Silicon (Si) > 0.60%; Chromium (Cr) > 0.60%; Nickel (Ni) > 0.60%; Copper (Cu) > 0.60%.

(ii) Steel containing simultaneously the following elements within the following percentage (%) by weight ranges: Manganese (Mn) from 0.70% to 1.15%; Sulfur (S) from 0.24% to 0.35%.

(iii) Steel with a round cross-section of 14mm or more.

(iv) Steel products not yet domestically producible for use in the supporting industry and mechanical manufacturing sector.

For organizations and individuals importing steel products under items (i), (ii), and (iii): in order to be excluded from the application of anti-circumvention trade remedy measures, upon importing goods it is necessary to provide the Customs Authority with appropriate documents to prove that the imported goods satisfy the above exclusion criteria for the application of anti-circumvention trade remedy measures.

For organizations and individuals importing steel products under item (iv): in order to be excluded from the application of anti-circumvention trade remedy measures, upon importing goods it is necessary to provide the Customs Authority with the Decision on exemption from the application of trade remedy measures issued by the Ministry of Industry and Trade. The exemption process and procedures shall be implemented in accordance with Decree 10/2018/NĐ-CP and Circular 37/2019/TT-BCT. Organizations and individuals importing steel products under item (iv) shall refer to the exemption procedure in Article 3 of this Notice.

2. Anti-circumvention trade remedy tax rate

Goods subject to the application of anti-circumvention trade remedy measures as prescribed in Article 1 of this Notice shall be subject to anti-circumvention trade remedy measures in the form of an additional import duty at the specific rates as follows:

3. Exemption from the application of anti-circumvention trade remedy measures

In cases where organizations and individuals importing coil steel and wire steel consider that their imported products satisfy the exemption scope prescribed under item (iv) of Article 1 of this Notice and under Article 10 of Circular 37/2019/TT-BCT, the importing organization or individual has the right to submit an application for exemption from the application of anti-circumvention trade remedy measures to the Trade Remedies Authority - Ministry of Industry and Trade. The procedure for submitting the exemption application shall be based on Circular 37/2019/TT-BCT.

4. List of countries/territories with negligible import volume excluded from the application of anti-circumvention safeguard measures

The list of developing countries/territories excluded from the application of safeguard measures is based on the Appendix List of developing countries/territories excluded from the application of safeguard measures issued together with Decision No. 691/QĐ-BCT dated March 21, 2023 of the Minister of Industry and Trade.

For importing organizations and individuals, in order to be excluded from the application of anti-circumvention safeguard measures under the above provisions, in addition to the documents required by the customs authorities and specialized agencies, upon importing goods it is necessary to 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 above Appendix.