Decision No. 715/QD-BCT

DECISION

ON EXTENSION OF SAFEGUARD MEASURE APPLICATION TO IMPORTED DAP AND MAP FERTILIZER 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. 98/2017/NĐ-CP dated August 18, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decision No. 686/QĐ-BCT dated March 2, 2018 of the Minister of Industry and Trade on the application of a global safeguard measure to imported DAP and MAP fertilizer products;

Pursuant to Decision No. 2700/QĐ-BCT dated September 3, 2019 of the Minister of Industry and Trade on the end-of-term review of the safeguard measure on imported DAP and MAP fertilizer products;

Pursuant to the Conclusion of the end-of-term review of the safeguard measure on imported DAP and MAP fertilizer products;

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

DECIDES:

Article 1. To extend the application of the safeguard measure to imported DAP and MAP fertilizer products with HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00 imported into Vietnam, with details set out in the Notice attached to this Decision.

Article 2. The order and procedures for applying the safeguard measure shall comply with the law on trade remedies applicable to goods imported into Vietnam.

Article 3. This Decision takes effect from March 7, 2020.

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 EXTENSION OF SAFEGUARD MEASURE APPLICATION TO IMPORTED DAP AND MAP FERTILIZER PRODUCTS (Attached to Decision No. 715/QĐ-BCT dated March 3, 2020 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 announces the details of the extension of the safeguard measure applicable to imported DAP and MAP fertilizer products into Vietnam (case code ER01.SG06) as follows:

1. Basic information

On March 2, 2018, the Ministry of Industry and Trade issued Decision No. 686/QĐ-BCT on the application of a global safeguard measure to imported DAP and MAP fertilizer products into Vietnam.

On September 3, 2019, the Ministry of Industry and Trade issued Decision No. 2700/QĐ-BCT on the end-of-term review of the safeguard measure on imported DAP and MAP fertilizer products.

On February 24, 2020, the investigating authority completed the Conclusion of the end-of-term review of the safeguard measure on imported DAP and MAP fertilizer products.

2. Imported goods subject to the safeguard measure

The imported goods subject to the safeguard measure are complex or mixed inorganic fertilizers under the following HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

Note: fertilizer products with any of the following component contents shall be excluded from the scope of application of the official safeguard measure: Nitrogen (N) < 7%; Phosphorus (P2O5) < 30%; and Potassium (K2O) > 3%.

3. Tax rate and extension period of the safeguard measure

4. List of countries/territories with negligible import volumes excluded from application of the safeguard measure

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

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

5. Exemption from application of the safeguard measure

In case importing organizations or individuals of fertilizer consider that their imported product satisfies the exemption conditions from application of trade remedy measures set out in 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 organization or individual has the right to submit an application file for exemption from application of the safeguard measure to the Trade Remedies Authority - Ministry of Industry and Trade. The procedure for submitting the exemption application file shall be based on Circular No. 37/2019/TT-BCT.

6. Contact information

Information on the Decision, the Notice on extension of application of the official safeguard measure to imported DAP and MAP fertilizer products, and the Conclusion of the end-of-term review (public version) can be accessed on the web portal of the Ministry of Industry and Trade (http://www.moit.gov.vn) and the Trade Remedies Authority - Ministry of Industry and Trade (http://www.pvtm.gov.vn/: http://www.trav.gov.vn).

All correspondence should be sent to:

Injury Investigation and Safeguards Division

Trade Remedies Authority - Ministry of Industry and Trade

Address: 25 Ngo Quyen, Hoan Kiem, Hanoi, Vietnam

Telephone: (+84 24) 7303.7898 (128)

Fax: (+84 24) 7303.7897

Email: quynhpm@moit.gov.vn; hoact@moit.gov.vn.

APPENDIX

(Attached to the Notice accompanying Decision No. 715/QĐ-BCT dated March 3, 2020 of the Minister of Industry and Trade)

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

1. Sub-Saharan Africa

2. East Asia and Pacific

3. Europe and Central Asia

4. Latin America and the Caribbean

5. Middle East and North Africa

6. South Asia