Decision No. 3877 On Investigation into Imposition of Anti-Dumping Measures For Products of Chinese and Korean origins(case No. AD04)

The Ministry of Trade and Industry has issued Decision no. 3877 to proceed the investigation on imposition of anti-dumping measure for some products from China and Korea under the case AD04.  The first step for related party to participate into the investigation process is to register with Vietnam Competition Authority directly or through the assistance of a law firm with experience in anti-dumping procedures in Vietnam.

Pursuant to Article 70 of the Law on Foreign Trade Management on procedure for investigating the trade remedies case and Article 79 of Law on Foreign Trade Management on the basis of proceeding the anti-dumping investigation, the Vietnam Minister of Industry and Trade decided to conduct the anti-dumping measures imposition investigation according to the request of Investigation Authority relating to some flat-rolled alloy or non-alloy steel products, varnish painted or scanned or coated with plastics or other covers originated from China and Korea (case No. AD04).

The details of investigation are conducted pursuant to Article 80 of the Law on Foreign Trade Management on contents of an anti-dumping measures imposition investigation and Article 32 of the Decree No. 10/2018/ND-CP on deciding to conduct anti-dumping measures imposition investigation.

Imported goods subject to investigation:

The imported goods subject to investigation are some flat-rolled alloy or non-alloy steel products, varnish painted or scanned or coated with plastics or other covers which are classified by HS Codes 7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7210.40.19, 7212.40.91, 7212.40.92, 7212.40.99 (the case No. AD04)

Origins of imported goods:China and South Korea

Domestic industry:

No.	Trade name	Opinion	Market share/ total market share (%)
1	Nam Kim Steel Joint Stock Company	The requesting party	29,35%
2	Southern Steel Sheet Co., LTD
3	TVP Steel Joint Stock Company
4	Dai Thien Loc Corporation
5	Ton Dong A Corporation	Agreed the investigation and application of the anti-dumping measures	61,31%
6	Maruichi Sun Steel Joint Stock Company
7	Hoa Sen Group
8	VNSteel Thang Long Coated Sheets Joint Stock Company
9	Blue Scope Steel	No opinion	9,34%

Pursuant to the results of examination of request dossier and the sources of available information in pre-initiation stage, the Investigation Authority found out the evidence of: i) the dumping conducts relating to the goods originated from China and Korea; ii) the significant damages to the domestic industry; iii) the causal relationship between the dumping conducts and the significant damages to the domestic industry.

Consequently, the Investigation Authority recommended the Minister of Industry and Trade to proceed the investigation. The conclusion of preliminary conclusion and/or final conclusion investigation is basis of the Investigation Authority’s recommendation to the Minister of Industry and Trade on imposition or non-imposition of provisional and/or official anti-dumping measures.

Investigation period:The investigation period for determining of dumping: from 01 June, 2017 to 31 May, 2018.The investigation period for local industry’s damages determination includes:The first year: from 01 June, 2014 to 31 May, 2015.The second year: from 01 June, 2015 to 31 May, 2016.The third year: from 01 June, 2016 to 31 May, 2017.The fourth year: from 01 June, 2017 to 31 May, 2018.

Proposal for tax duty of Requester:

The Requester proposed for investigating and imposing the provisional anti-dumping duty with 25.5% relating to the investigated import products from China and 19.25% relating to the investigated import products from Korea before the time the Ministry of Industry and Trade issues the official decision.

The individuals and organizations as stipulated in Article 74 of Law on Foreign Trade Management may register as a related party to Investigation Authority  to access the public information during the investigation, and to send the opinions, comments, information and evidences related to the investigation as mentioned herein.

Organizations and individuals shall prepare applications using the application form for registration as interested parties stated in the Appendix 01 attached to the Circular 06 and send to Investigation Authority no later than 30 (thirty) days from the date issuing the investigating decision.

Upon the receipt of applications for registration as related parties, the investigation authority shall consider whether a party is accepted as a related party or not within a period of 07 working days. If an application for registration as related party is refused, the Investigation Authority is required to explain such refusal in writing to the applicant.

The related parties under regulations of Article 79 the Law on Foreign Trade Management shall implement their rights and obligations under Article 9 of the Decree No. 10/2018/ND-CP.

In order to ensure its lawful rights and benefits, the Investigation Authority recommends the individuals and organizations manufacturing, importing, using the investigated goods to register as a related party to perform information accessing right, to provide information and express opinions during the investigation procedure.

Questionnaire: Within 15 days since the issuance of the decision on investigation, the Investigation Authority shall send the questionnaire to seek answer to various subjects.

On-site Investigation: Pursuant to Article 75.3 of Law on Foreign Trade Management, the Investigation Authority shall be entitled to proceed the on-site investigation (if necessary), including overseas investigation to certify the information, dossiers provided by related party or to collect more information, dossiers for settlement of trade remedies case.

Confidential information: The Investigation Authority shall keep the investigation information confidential as stipulated in Article 75.2 of Law on Foreign Trade Management and Article 11 of Decree No. 10/2018/ND-CP.

Cooperation during the investigation: In case any related party refuses to participate in the case or fails to provide necessary evidences or significantly disturbs the completion of the investigation, the preliminary conclusion and final conclusion relating to such related party shall be based on available information.

In case a related party provides provides false or misleading evidences, such evidences shall not be reviewed and the preliminary conclusion and final conclusion regarding such related party shall be based on available information.

Non-cooperating related parties shall not be exempted from trade remedies measures as prescribed in Article 7 of Decree No. 10/2018/ND-CP.

The Investigation Authority recommends the related parties to comprehensively cooperate during the investigation to protect its legitimate rights and benefits.

Duration of investigation: Anti-dumping measures imposition investigation shall be completed within 12 months from the date on which the decision on anti-dumping measures imposition investigation is issued. In some special cases, the Minister of Industry and Trade may extent the duration for anti-dumping measures imposition investigation but the total duration shall not exceed 18 months.

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New regulations on trade, import and export coming into force from the end of October, 2018

1. Procedures for issuance of C/O certifying origin of a number of special goods

On September 14, 2018, the Ministry of Industry and Trade has promulgated the Circular No. 26/2018/TT-BCT amending and supplementing the Appendix IV of the Circular No. 20/2014/TT-BCT on implementation of rules of origin in the Asean-Korea Free Trade Agreement.

According to this Circular, C/O certifying origin of special goods prescribed in Article 6 of the Appendix I of the Circular No. 20/2014/TT-BCT must comply with the following provisions:

- C/O must be issued by the C/O issuing authority designated by the exporting country as regulated in the Appendix V of the Circular No. 20/2014/TT-BCT.

- The C/O certifying the origin of a specific good issued by the C/O issuing authority designated by the exporting country must be noted that the good is conformable with provisions of Article 6 Appendix I of the Circular No. 20/2014/TT-BCT.

- Unless otherwise provided for in this Appendix, relevant rules set out in the Appendix V enclosed with the Circular No. 20/2014/TT-BCT must be applied with modifications suitable for the special goods applying provisions of Article 6 Appendix I of the Circular No. 20/2014/TT-BCT prescribed in the list enclosed with this Appendix.

The Circular No. 26/2018/TT-BTC comes into force from October 29, 2018.

2. Registration of standard form contract for issuance of domestic debt cards is not mandatory

This regulation is provided in the Decision No. 38/2018/QD-TTg dated September 05, 2018 amending the Decision No. 35/2015/QD-TTg on amendments and supplements to the Decision No. 02/2012/QD-TTg promulgating the list of essential goods and services for which standard form contracts or contracts containing general terms and conditions must be registered.

According to this Decision, when issuing domestic debit cards, opening and using payment accounts (for individual customers) or applying for personal loans (for consumption purpose), the registration of standard form contracts or contracts containing general terms and conditions is not mandatory.

The Decision No. 38/2018/QD-TTg comes into force from October 22, 2018.

3. Promulgation of 06 national technical regulations on environment

On September 14, 2018, the Ministry of Natural Resources and Environment promulgates the Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT on promulgation of national technical regulations on environment, including:

- QCVN 31:2018/BTNMT - National technical regulation on environment for imported steel scraps for production;

- QCVN 32:2018/BTNMT - National technical regulation on environment for imported plastic scraps for production;

- QCVN 33:2018/BTNMT - National technical regulation on environment for imported paper scraps for production;

- QCVN 65:2018/BTNMT - National technical regulation on environment for imported glass scrap for production;

- QCVN 66:2018/BTNMT - National technical regulation on environment for imported non-ferrous metal scraps for production;

- QCVN 67:2018/BTNMT - National technical regulation on environment for imported slag from iron or steel industry for production.

The Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT come into force from October 29, 2018.

4. Amendments to the Circular No. 28/2014/TT-BVHTTDL on international trade in goods

The Ministry of Culture, Sports and Tourism has promulgated the Circular No. 26/2018/TT-BVHTTDL on September 11, 2018 to amend the Circular No. 28/2014/TT-BVHTTDL on management of international trade in goods under the management of the Ministry of Culture, Sports and Tourism.

According to this Circular, the following are the most noticeable contents:

- The phrase “National treasures” is removed from the list of goods banned from export.

- A component of the application documentation for approval for contents of imported works of plastic arts, fine arts and photography is abrogated.

- The regulation “The certified copy of the investment certificate or the certificate of enterprise registration or the business registration certificate” on procedures for approval for contents of imported cinema works is abrogated.

The Circular No.26/2018/TT-BVHTTDL comes into force from October 30, 2018.

Source Thuvienphapluat

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Austrian federal business chamber to open office in Vietnam

Austria’s main business group will open an office in Vietnam and invite a Vietnamese delegation to visit the European country next year.

This was revealed at the Vietnam-Austria Business Forum attended by visiting Prime Minister Nguyen Xuan Phuc in the Austrian capital, Vienna, Monday.

The forum was organized by the Vietnam Chamber of Commerce and Industry and the Austrian Federal Economic Chamber (WKO), the federal parent organization for the state chambers of commerce and trade associations.

WKO president Harald Mahrer said Austrian businesses are attracted by the potential of the Vietnamese market. He pointed to Vietnam’s status as one of the fastest-growing economies in the world, its increasing number of new businesses and a large population set to reach 100 million soon.

illustrating images

Vietnam also has a young and well-trained labor force with good entrepreneurship, especially in information technology, which interests many Austrian companies, Mahrer said.

VCCI chairman Vu Tien Loc noted the forum is the most significant event ever between Vietnam and Austria and organized before the E.U.-Vietnam Free Trade Agreement (EVFTA) comes into effect next year.

PM Phuc said the Vietnamese economy has been achieving high growth for the last 30 years and is set to grow by 7 percent this year.

With young people accounting for 65 percent of the population, a growing middle class and a large ratio of people using the internet and smartphones, the country has great potential in e-commerce, he added.

Vietnam climbed from 77th in 2006 to 55th last year in the World Economic Forum’s global competitiveness index, and from 104th to 68th in the ease of doing business index, according to the World Bank.

Pointing to these, the PM encouraged Austrian businesses to invest in high-tech agriculture, agricultural processing, manufacturing, high-tech zones, infrastructure, and tourism in Vietnam.

He said the country is willing to sell stakes in state-owned enterprises in telecoms, banking and securities to capable Austrian investors.

Austria, one of the first western countries to establish diplomatic ties with Vietnam in 1972, was the sixth largest importer of Vietnamese goods in Europe last year.

Bilateral trade was worth over $4 billion last year, up 42 percent from 2016.

In the first seven months of this year Vietnam’s exports to the country reached $2.58 billion, up 47 percent year-on-year, while imports fell 16 percent to $167 million.

As of last August Austrian companies had 31 projects in Vietnam with registered investment capital of $143.9 million.

Source: vnexpress

How ANT Lawyers Could Help Your Business?

To Set up branch office in Vietnam please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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EuroCham Members Attending Hearings at European Parliament on EVFTA in Oct 2018

On 11th October, 2018, Mr Tuan Nguyen, the representative of ANT Lawyers law firm has participated in EuroCham Brussels Mission between 8th and 12th October, 2018 to attend hearings at European Parliament on the Free Trade Agreement (EVFTA), visited and discussed with the diplomats of European Union in head office of EEAS in Belgium, Mr. David O’Sullivan, the Chief Operating Officer of European External Action Service (EEAS) to seek understanding and support to promote the approval of EVFTA.

Along with other delegates of EuroCham at this meeting, Mr Tuan Nguyen, the representative of ANT Lawyers discussed with Mr. Sullivan on issues concerning EU relating to EVFTA. The issues included: the employee’s rights, the balance between investment incentives and environmental protection, the challenges that the Vietnamese Government could face as well as the handling measures. In addition, Mr Sullivan has showed concerns in Vietnam’s legal system and how to fit in with common standards of European counties, to ensure the balance of information control and privacy. Mr. Sullivan also emphasized the compliance with the international principles. The representative of EU has recognized that this is the appropriate time for Vietnam and to EU countries members to proceed with the agreement because it would help address the current shortcomings.

Free Trade Agreement between EU and Vietnam is expected to reduce more than 90% tariff and create the most favorable conditions for exporting Vietnam goods to EU market and vice versa. Relating to European businesses, this is an opportunity for extending investment and accessing to new markets. Vietnamese could enjoy the high quality goods with cheap price. Relating to Vietnam businesses, EU is a very potential market when tariff is removed.

The Vietnam EuroCham delegation has represented more than 1,000 European companies to promote the signing EVFTA at European Parliament. ANT Lawyers law firm is honored to participate to discuss, contribute for the promotion of approval of the agreement. ANT Lawyers law firm is committed to bridge European companies to investment more in Vietnam and that Vietnamese companies should to enter European market through its reliable global law form networks

How ANT Lawyers Could Help Your Business?

Please click to learn more about Foreign investment in Vietnam or contact our lawyers for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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