ANNOUNCEMENT

IMPOSITION OF OFFICIAL ANTI-DUMPING DUTIES ON CERTAIN POLYESTER YARN PRODUCTS IMPORTED FROM PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDIA, REPUBLIC OF INDONESIA AND MALAYSIA
(Enclosed with the Decision No. 2302/QD-BCT dated October 13, 2021 of the Minister of Industry and Trade)

1. Goods subject to anti-dumping duty

Polyester yarn products are the goods subject to the official anti-dumping duty, including the following types: polyester partially oriented yarn (POY), polyester drawn textured yarn (DTY) and polyester fully drawn yarn (FDY).

The goods subject to the official anti-dumping duty bear the following HS codes: 5402.33.00, 5402.46.00, 5402.47.00. The following import duties are currently imposed on the goods subject to the official anti-dumping duty:

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

The goods subject to the official anti-dumping duty are imported from the People’s Republic of China (China), the Republic of India (India), the Republic of Indonesia (Indonesia ) and Malaysia.

2. Final determination

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

3. Official anti-dumping duty rate

The official anti-dumping duty shall be charged as an extra import duty on the goods described in Section 1 of this Announcement and originating from China, India, Indonesia and Malaysia. The specific duty rate imposed on each manufacturer or exporter is as follows:

4. Validity period of official anti-dumping duty
5. a) Effective date

The official anti-dumping duty shall be imposed 03 (three) days after the date of promulgation of the Decision on imposition of official anti-dumping duty.

1. b) Validity period

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

5. Procedures and dossiers for inspection and imposition of official anti-dumping duty

In order to determine the origin of imports on which the official anti-dumping duty is imposed, customs authorities shall examine and check proofs of origin of the imports and manufacturer’s certificate.

Proof of origin may be in the form of:

1. a) Certificate of Origin (C/O); or
2. b) Origin declaration 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.

Contents of inspection:

Step 1. Inspect proof of origin

– Case 1: If no proof of origin is presented, the rate of anti-dumping duty imposed shall be 54,90%.

– Case 2: If a proof of origin issued by a competent authority of a country or territory other than China, India, Indonesia and Malaysia is presented, the anti-dumping duty shall not be imposed.

– Case 3: If a proof of origin issued by a competent authority of China, India, Indonesia or Malaysia is presented, guidelines in Step 2 shall apply.

Step 2: Inspect mill-test certificate (original) issued by the manufacturer (hereinafter referred to as “manufacturer’s certificate”)

– Case 1: If: (i) no manufacturer’s certificate is presented or (ii) a manufacturer’s certificate is presented but it does not contain the name of one of the manufacturers/exporters specified in Column 1 Section 3 of this Announcement, the following rates of the anti-dumping duty shall be imposed:

+ 17,45% with respect to goods whose proof of origin is issued by a competent authority of China;

+ 54,90% with respect to goods whose proof of origin is issued by a competent authority of India;

+ 21,94% with respect to goods whose proof of origin is issued by a competent authority of Indonesia; and

+ 21,45% with respect to goods whose proof of origin is issued by a competent authority of Malaysia;

– Case 2: If the manufacturer’s certificate that contains the name of one of the manufacturers/exporters specified in Column 1 Section 3 hereof is presented, guidelines in Step 3 shall apply.

Step 3: Inspect manufacturer/exporter’s name

– Case 1: If name of the manufacturer or exporter (specified in the sales contract and commercial invoice) coincides with the name of a manufacturer or exporter specified in Column 1 or the name of the relevant trade company specified in Column 2, the corresponding duty rate specified in Column 3 Section 3 of this Announcement shall be imposed.

– Case 2: If name of the manufacturer or exporter (specified in the sales contract and commercial invoice) coincides with neither the name of a manufacturer or exporter specified in Column 1 Section 3 nor the name of the relevant trade company specified in Column 2 Section 3, the following rates of the anti-dumping duty shall be imposed:

+ 17,45% with respect to goods whose proof of origin is issued by a competent authority of China;

+ 54,90% with respect to goods whose proof of origin is issued by a competent authority of India;

+ 21,94% with respect to goods whose proof of origin is issued by a competent authority of Indonesia; and

+ 21,45% with respect to goods whose proof of origin is issued by a competent authority of Malaysia;

6. Difference in anti-dumping duty rates

In this case, the manufacturers or exporters named hereunder are entitled to difference between the official anti-dumping duty rate and the provisional anti-dumping duty rate:

– If the difference in anti-dumping duty rates in Column (3) of this table is smaller than 0 (zero), the importer shall be entitled to refund of the overpaid amount of duty in accordance with Clause 5 Article 68 of the Law on Foreign Trade Management No. 05/2017/QH14.

– If the difference in anti-dumping duty rates in Column (3) of this table is greater than or equal to 0 (zero), the importer will not have to pay the difference.

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 duty after the Ministry of Industry and Trade issues the decision to impose trade remedies.

1 Not applicable to goods originating from China

2 *: Goods without tax commitments under the Agreement

3 Not applicable to goods originating from China

4 Not applicable to goods originating from China

DECISION

IMPOSITION OF OFFICIAL ANTI-DUMPING DUTIES ON SOME POLYESTER YARN PRODUCTS IMPORTED FROM PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDIA, REPUBLIC OF INDONESIA AND MALAYSIA

THE MINISTER OF INDUSTRY AND TRADE OF VIETNAM

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;

Pursuant to Decision No. 1079/QD-BCT dated April 06, 2020 of the Minister of Industry and Trade on initiation of anti-dumping duty investigation of some polyester yarn products imported from People’s Republic of China, Republic of India, Republic of Indonesia and Malaysia;

Pursuant to Decision No. 2080/QD-BCT dated August 31, 2021 of the Minister of Industry and Trade on imposition of provisional anti-dumping duties on certain polyester yarn products imported from People’s Republic of China, Republic of India, Republic of Indonesia and Malaysia;

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

HEREBY DECIDES:

Article 1. The official anti-dumping duty shall be imposed on certain polyester yarn products bearing the following HS codes, 5402.33.00, 5402.46.00 and 5402.47.00, and originating from People’s Republic of China, Republic of India, Republic of Indonesia and Malaysia (case: AD10). Further details are provided in the Announcement enclosed herewith.

Article 2. This Decision comes into force 03 (three) days after the date of its promulgation.

Article 3. Decision No. 2080/QD-BCT dated August 31, 2021 of the Minister of Industry and Trade shall cease to have effect from the effective date of this Decision.

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