DECISION

IMPOSITION OF OFFICIAL ANTI-DUMPING AND COUNTERVAILING DUTIES ON CANE SUGAR PRODUCTS IMPORTED FROM KINGDOM OF THAILAND

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/ND-CP dated January 15, 2018 on guidelines for the Law on Foreign Trade Management regarding trade remedies;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the Functions, Tasks, Powers and Organizational Structure of the Ministry of Industry and Trade;

Pursuant to the Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade elaborating on trade remedies;

Pursuant to the Decision No. 3752/QD-BCT dated October 02, 2017 of the Minister of Industry and Trade defining functions, tasks, powers and organizational structure of the Trade Remedies Authority of Vietnam;

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Pursuant to Decision No. 477/QD-BCT dated February 09, 2021 of the Minister of Industry and Trade on imposition of provisional anti-dumping and countervailing duties on certain cane sugar products imported from Kingdom of Thailand;

At the request of the Director of the Trade Remedies Authority of Vietnam;

HEREBY DECIDES:

Article 1. The official anti-dumping and countervailing duties shall be imposed on certain cane sugar products, which bear the following HS codes: 1701.13.00, 1701.14.00, 1701.91.00, 1701.99.10, 1701.99.90, and 1702.90.91, and are imported into Vietnam from Kingdom of Thailand (case: AD13-AS01). Further details are provided in the Announcement enclosed herewith.

Article 2. This Decision comes into force from June 16, 2021.

Article 3. Chief of the Ministry’s Office, Director of Trade Remedies Authority of Vietnam, and heads of relevant agencies and units shall implement this Decision./.

PP. MINISTER
DEPUTY MINISTER




Tran Quoc Khanh

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ANNOUNCEMENT

IMPOSITION OF OFFICIAL ANTI-DUMPING AND COUNTERVAILING DUTIES ON CANE SUGAR PRODUCTS IMPORTED FROM KINGDOM OF THAILAND
(Enclosed with Decision No. 1578/QD-BC dated June 15, 2021 of the Minister of Industry and Trade)

1. Description of goods on which the official anti-dumping and countervailing measures are imposed

a) Name and basic characteristics

- Scientific name: Sucrose.

- Common name: table sugar, cane sugar, granulated sugar, raw sugar, white sugar, refined sugar, RE sugar, RS sugar, etc.

b) HS codes and current import duties

Currently, the goods on which the official anti-dumping and countervailing duties are imposed bear the following HS codes: 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91.

HS code

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Preferential import duty

(MFN tariff rate)

Chapter 17

Sugars and sugar confectionery

1701

Cane or beet sugar and chemically pure sucrose, in solid form.

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1701.1300

-- Cane sugar specified in Subheading Note 2 to this Chapter

In-quota tariff rate: 25%, out-of-quota tariff rate: 80%

1701.1400

-- Other cane sugar

In-quota tariff rate: 25%, out-of-quota tariff rate: 80%

- Other:

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1701.9100

-- Containing added flavouring or colouring matter

In-quota tariff rate: 40%, out-of-quota tariff rate: 100%

1701.99

-- Other:

1701.9910

-- Refined sugar

In-quota tariff rate: 40%, out-of-quota tariff rate: 85%

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-- Other

In-quota tariff rate: 40%, out-of-quota tariff rate: 85%

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel.

1702.90

- Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50% by weight of fructose:

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1702.9091

--- Syrups

15%

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods on which the official anti-dumping and countervailing duties are imposed in order to be conformable with the description of the goods in question and other changes (if any).

The goods on which the official anti-dumping and countervailing duties are imposed are imported from Kingdom of Thailand.

2. Final determination

In the final determination, the investigating authority has concluded that there are: (i) dumped and subsidized imports which are subject to investigation; (ii) material injury to the domestic industry; and (iii) a causal link between the dumped and subsidized imports and the material injury to the domestic industry.

3. Official anti-dumping and countervailing duties

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Official anti-dumping duty rate

Official countervailing duty rate

Any entity that manufactures or exports goods originating from Kingdom of Thailand

42,99%

4,65%

The anti-dumping and countervailing duties shall be charged as extra import duties on cane sugar products imported from Kingdom of Thailand, including those imported under tariff quotas.

4. Validity period of official anti-dumping and countervailing duties

a) Period of validity

 The official anti-dumping and countervailing duties shall be imposed for a period of 05 (five) years from the day on which the Decision on imposition of such official anti-dumping and countervailing duties comes into force (unless changed or extended under a decision issued by the Ministry of Industry and Trade).

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Based on the final determination and data provided by the General Department of Customs on the import of the subject merchandise, the Ministry of Industry and Trade determines that there is no sudden increase in volumes or quantities of the dumped and subsidized goods imported into Vietnam during the period commencing from the date of initiation of investigations to the date of imposition of provisional anti-dumping and countervailing duties, and thus there are no grounds for retroactive application of anti-dumping and countervailing duties as prescribed in Clause 4 Article 81 and Clause 4 Article 89 of the Law on Foreign Trade Management.

5. Determination of origin of goods on which anti-dumping and countervailing measures are imposed

In order to determine the origin of imports on which anti-dumping and countervailing duties are imposed, customs authorities shall examine and inspect proofs of origin. Proof of origin may be in the form of:

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

b) Self-certification of origin which must be conformable with:

- The ASEAN Trade In Goods Agreement;

- The Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

- The Free Trade Agreement between the Socialist Republic of Vietnam and the European Union; and

- The Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland.

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- If a proof of origin issued by a competent authority of a country of territory other than Kingdom of Thailand is presented, the official anti-dumping and countervailing duties shall not be imposed.

- If a proof of origin issued by a competent authority of Kingdom of Thailand is presented or no proof of origin is presented, anti-dumping and countervailing duties shall be imposed as prescribed in Section 3 of this Announcement.

6. Difference in rates of anti-dumping and countervailing duties

If the official anti-dumping and countervailing duty rate is lower than the provisional one, the amount of duties overpaid shall be refunded in accordance with Clause 5 Article 68 of the Law on Foreign Trade Management No. 05/2017/QH14.

7. Subsequent procedures

Pursuant to Point b Clause 1 Article 16 of the Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Ministry of Industry and Trade, the investigating authority shall notify the receipt of applications for exemption from anti-dumping and countervailing duties after the Ministry of Industry and Trade issues the decision to impose trade remedies./.