DECISION

IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTIES ON SOME WELDING MATERIAL PRODUCTS ORIGINATING FROM MALAYSIA, THE KINGDOM OF THAILAND AND THE PEOPLE’S REPUBLIC OF CHINA

THE 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 on 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 providing for trade remedies;

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

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Pursuant to the Decision No. 263/QD-BCT dated March 01, 2022 of the Minister of Industry and Trade on extension of limitation period of investigations into some welding material products originating from Malaysia, the Kingdom of Thailand and the People’s Republic of China.

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

HEREBY DECIDES:

Article 1. The provisional anti-dumping duties shall be imposed on some welding material products, which bear the following HS codes: 7217.10.10, 7217.30.19, 7229.20.00, 7229.90.20, 7229.90.99, 8311.10.10, 8311.10.90, 8311.30.91, 8311.30.99 và 8311.90.00 and originate from Malaysia, the Kingdom of Thailand and the People’s Republic of China. Further details are provided in the Announcement enclosed herewith.

Article 2. This Decision comes into force 07 days after the date of its promulgation.

Article 3. Chief of the Ministry’s Office, Director General of Trade Remedies Authority of Vietnam, and heads of relevant agencies and units are responsible for the implementation of this Decision./.

PP. THE MINISTER
THE DEPUTY MINISTER




Tran Quoc Khanh

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ANNOUNCEMENT

IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTIES ON SOME WELDING MATERIAL PRODUCTS ORIGINATING FROM MALAYSIA, THE KINGDOM OF THAILAND AND THE PEOPLE’S REPUBLIC OF CHINA
(Enclosed with the Decision No. 706/QD-BCT dated April 15, 2022 of the Minister of Industry and Trade)

1. Goods subject to provisional anti-dumping duties

The goods on which the provisional anti-dumping duties are imposed include 308 flux-cored stainless steel welding rods and solid steel welding wires originating from Malaysia, the Kingdom of Thailand (Thailand) and the People’s Republic of China (China).

308 flux-cored stainless steel welding rods

a) Name and basic characteristics

Name: 308 flux-cored stainless steel welding rod.

A 308 flux-cored stainless steel welding rod has the following basic characteristics:

- It has a 308 stainless steel core;

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- It is coated with flux.

b) HS codes and current import duties

308 flux-cored stainless steel welding rods on which the provisional anti-dumping duty is imposed bear the following HS codes: 8311.10.90, 8311.30.99, 8311.90.00.

Code

Description

Preferential tariff

ATIGA

ACFTA

Chapter 83

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8311

Wire, rods, tubes, plates, electrodes and similar products, of base metal or of metal carbides, coated or cored with flux material, of a kind used for soldering, brazing, welding or deposition of metal or of metal carbides; wire and rods, of agglomerated base metal powder, used for metal spraying

8311.10

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8311.10.90

- - Other

25%

0%

0%

8311.30

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- - Other:

8311.30.99

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15%

0%

0%

8311.90.00

- Other

25%

0%

0%

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

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The goods which satisfy any of the following conditions will be exempted from the provisional anti-dumping duties imposed on 308 flux-cored stainless steel welding rods:

- The welding rod has a core other than 308 stainless steel core;

- The diameter of 308 stainless steel core is greater than 4.2 mm or less than 1.8 mm;

- The welding electrodes is not coated with flux.

1.2. Solid steel welding wires

a) Name

Name: Solid steel welding wire

A solid steel welding wire has the following basic characteristics:

- It has a steel core (except for stainless steel);

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- It is copper-plated or not plated;

- Its steel core contains the following elements classified by mass proportion in percent (%): Carbon (C) 0.04% to 0.2%, Phosphorus (P) less than or equal to 0.03%, Sulfur (S) less than or equal to 0.035%.

b) HS codes and current import duties

Solid steel welding wires on which the provisional anti-dumping duty is imposed bear the following HS codes: 7217.10.10, 7217.30.19, 7229.20.00, 7229.90.20, 7229.90.99, 8311.10.10, 8311.10.90, 8311.30.91, 8311.30.99, 8311.90.00.

Code

Description

Preferential tariff

ATIGA

ACFTA

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Iron and steel

7217

Wire of iron or non-alloy steel.

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- Not plated or coated, whether or not polished:

7217.10.10^[1]

- - Containing by weight less than 0.25% of carbon

15%

0%

0%

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- Plated or coated with other base metals:

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- - Containing by weight less than 0.25% of carbon:

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- - - Other

15%

0%

0%

7229

Wire of other alloy steel.

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- Of silico-manganese steel

0%

0%

0%

7229.90

- Other:

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- - Of cross-section not exceeding 5.5 mm

0%

0%

0%

- - Other:

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- - - Other

0%

0%

0%

Chapter 83

Miscellaneous articles of base metal

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Wire, rods, tubes, plates, electrodes and similar products, of base metal or of metal carbides, coated or cored with flux material, of a kind used for soldering, brazing, welding or deposition of metal or of metal carbides; wire and rods, of agglomerated base metal powder, used for metal spraying

8311.10

- Coated electrodes of base metal, for electric arc-welding:

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- - In rolls

25%

0%

0%

8311.10.90

- - Other

25%

0%

0%

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- Coated rods and cored wire, of base metal, for soldering, brazing or welding by flame:

- - Other:

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- - - In rolls

15%

0%

0%

8311.30.99

- - - Other

15%

0%

0%

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- Other

25%

0%

0%

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

c) Goods exempted from provisional anti-dumping duties

The goods which satisfy any of the following conditions shall be exempted from the provisional anti-dumping duties imposed on solid steel welding wires:

- The welding wire has a core of stainless steel or other base metal other than steel;

- The diameter of steel core of welding wire is greater than 5.0 mm;

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- The welding wire is flux-cored or has a core which is flux.

- The welding wire is plated with other base metal other than copper;

- The welding wire in the form of bar or rod has a length of less than or equal to 500 mm.

2. Provisional anti-dumping duty rates

2.1. 308 flux-cored stainless steel welding rods

No.

Name of manufacturer/exporter

Provisional anti-dumping duty rate

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(Column 2)

MALAYSIA

1

Kiswel Sdn. Bhd

Not applicable because of satisfying the condition in clause 2 Article 78 of the Law on Foreign Trade Management No. 05/2017/QH14

2

Other manufacturer/exporter of goods originating from Malaysia

12,78%

THAILAND

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Thai Hansa Welding Electrodes Co., Ltd

36,11%

4

Other manufacturer/exporter of goods originating from Thailand

36,11%

CHINA

5

Other manufacturer/exporter of goods originating from China

11,43%

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No.

Name of manufacturer/exporter

Provisional anti-dumping duty rate

(Column 1)

(Column 2)

MALAYSIA

1

Kiswel Sdn. Bhd

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2

Other manufacturer/exporter of goods originating from Malaysia

34,37%

THAILAND

3

Manufacturer/exporter of goods originating from Thailand

Not applicable because of satisfying the condition in clause 3 Article 78 of the Law on Foreign Trade Management No. 05/2017/QH14

CHINA

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22,77%

5

Other manufacturer/exporter of goods originating from China

36,56%

3. Effective date and period of validity of provisional anti-dumping duty

a) Effective date

The imposition of the provisional anti-dumping duty begins 07 (seven) days after the date of promulgation of the Decision on imposition of provisional anti-dumping duty.

b) Period of validity

The provisional anti-dumping duty shall be imposed for a period of 120 (one hundred and twenty) days from the effective date of such provisional anti-dumping duty (unless it is extended, changed or cancelled as prescribed by law).

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- Pursuant to Clause 4 Article 81 of the Law on Foreign Trade Management, if the final determination announced by the investigating authority indicates that there is material injury or a threat of material injury to domestic production, the Minister of Industry and Trade may decide to apply the anti-dumping duty retroactively.

- The anti-dumping duty shall be imposed retroactively on imports during the period of 90 (ninety) days prior to the date of application of the provisional anti-dumping duty if such imports are determined to be dumped and the volume or quantity of dumped imports to Vietnam increases sharply during the period between the initiation of the investigation and the application of the provisional anti-dumping duty and thus causes damage to domestic production which would be difficult to repair.

4. Procedures and dossiers for inspection and application of provisional anti-dumping duties

4.1. General provisions

In order to determine the origin of imports on which anti-dumping duties are imposed, customs authorities shall 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 Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

- Regional Comprehensive Economic Partnership;

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

- The ASEAN Trade In Goods Agreement.

Contents of inspection:

4.2. 308 flux-cored stainless steel welding rods

Step 1:  Inspect proof of origin

- Case 1: If no proof of origin is presented, the rate of anti-dumping duty shall be 36,11%.

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

- Case 3: If a proof of origin issued by a competent authority of Malaysia, Thailand and China 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”)

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+ 12,78% with respect to goods whose proof of origin is issued by a competent authority of Malaysia;

+ 36,11% with respect to goods whose proof of origin is issued by a competent authority of Thailand; and

+ 11,43% with respect to goods whose proof of origin is issued by a competent authority of China.

- Case 2: If the manufacturer’s certificate that contains the name of one of the manufacturers specified in Column 1 Section 2.1 hereof is presented, guidelines in Step 3 shall apply.

Step 3: Inspect exporter’s name

- Case 1: If the exporter’s name (specified in the sales contract and commercial invoice) coincides with the name of a manufacturer specified in Column 1, the corresponding duty rate specified in Column 2 Section 2.1 hereof shall be imposed.

- Case 2: If the exporter’s name (specified in the sales contract and commercial invoice) coincides with the name of a manufacturer specified in Column 1 Section 2.1, the following rates of the anti-dumping duty shall be imposed:

+ 12,78% with respect to goods whose proof of origin is issued by a competent authority of Malaysia;

+ 36,11% with respect to goods whose proof of origin is issued by a competent authority of Thailand; and

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4.3. Solid steel welding wires

Step 1:  Inspect proof of origin

- Case 1: If no proof of origin is presented, the rate of anti-dumping duty shall be 36,56%.

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

- Case 3: If a proof of origin issued by a customs declarant of Malaysia and China 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 specified in Column 1 Section 2.2 hereof, the following rates of the anti-dumping duty shall be imposed:

+ 34,37% with respect to goods whose proof of origin is issued by a competent authority of Malaysia; and

+ 36,56% with respect to goods whose proof of origin is issued by a competent authority of China.

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Step 3: Inspect exporter’s name

- Case 1: If the exporter’s name (specified in the sales contract and commercial invoice) coincides with the name of a manufacturer specified in Column 1, the corresponding duty rate specified in Column 2 Section 2.2 hereof shall be imposed.

- Case 2: If the exporter’s name (specified in the sales contract and commercial invoice) coincides with the name of a manufacturer specified in Column 1 Section 2.2, the following rates of the anti-dumping duty shall be imposed:

+ 34,37% with respect to goods whose proof of origin is issued by a competent authority of Malaysia; and

+ 36,56% with respect to goods whose proof of origin is issued by a competent authority of China.

5. Subsequent procedures

After the Decision on imposition of the provisional anti-dumping duty is promulgated by the Ministry of Industry and Trade, the investigating authority shall take charge of following the subsequent procedures, including:

- Verifying answered questionnaires;

- Organizing a public hearing;

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- Issuing the final determination.

[1] The products bearing this HS code are subject to measures against evasion of trade remedies with regard to steel coil and steel wire products

[2] The products bearing this HS code are subject to measures against evasion of trade remedies with regard to steel coil and steel wire products