On August 24th 2020,
Minister of Ministry of Industry and Trade signed the Decision No. 2251/QD-BCT
regarding the Investigation of imposing Anti-dumping
measure to some H shaped steel products from Malaysia. Related
parties may by themselves or authorize to experienced law firm in
Vietnam on international trade to work with Trade Remedies Authority of
Vietnam (TRAV) to cooperate.
Background
On November 06, 2020,
Trade Remedies of authority of Vietnam (TRAV), Ministry of Industry and Trade
received the dossiers on requesting the anti-dumping measure to some H shaped
steel products from Malaysia. The requester is Posco Yamato Vina Steel Joint
stock Company – the sole company which produced H shaped steel in Vietnam.
The requester provided
the reasonable bases for calculation of dumping margin originated from
Malaysia. The requester provided the reasonable information to prove the
significant damage of domestic industry. The requester’s dossier proved the
existence of causal relationship between imported products and the significant
damage of domestic industry.
Hence, TRAV determined
dossier of the requester satisfied the law of anti-dumping and petition of
Minister of Ministry of Industry and Trade.
Investigation’s details
i) Products under investigation
Product’s name: H shaped
steel
The H shaped steel
product with the following HS code: 7216.33.11, 7216.33.19, 7216.33.90,
7228.70.10 and 7228.70.90
The products which are
excluded from investigation scope includes:
The H shaped steel with
the height more than 700 mm (± 4mm) or the width more than 300 mm (± 3mm);
H steel beam with the
size of 100mm x 55mm or 120mm x 64mm (the description size is height x width).
The Ministry of Industry
and Trade may amend and supplement the list of HS codes of the product under
investigation to be in accordance with the description of the product under
investigation and other changes (if any).
ii) Originated of products under investigation:
Malaysia
iii) Period of
investigation (POI)
-Period of investigation
to determine the anti-dumping action: from April 1st 2019 to
March 31st 2020
-Period of investigation to determine the damage
of domestic industry:
The first year: from
April 1st 2017 to March 31st 2018
The second year: from
April 1st 2018 to March 31st 2019
The third year: from
April 1st 2019 to March 31st 2020
iv) Duty Levels Proposed by Requester:
The anti-dumping duty
which is requested by the requester is 10,2%.
Register as related
parties:
Pursuant to Article 6 of
Circular No. 37/2019/TT-BCT, organizations and individuals stipulated in
Article 74 of Law on foreign trade management may register as related parties
in this case with TRAV in order to access to publicly circulated information
during the investigation process, send comments, information and evidence
related to the investigation content within sixty (60) working days from the
day on which the decision on investigation takes effect via post or email.
In order to ensure
rights and interests, the investigating authority recommend that organizations
and individuals which produce, import or use products under investigation
register as related parties to carry out the right to access information,
provide information and express opinions during the investigation process.
Investigation
Questionnaire:
Within 15 days after the
issuance of the investigation decision of the Minister of Industry and Trade,
the Investigating Authority shall send the investigation questionnaire to the
Related Parties, including:
-The applicant requests for application of
Anti-dumping measures;
-Other domestic manufacturers which
Investigating Authority knows;
-Parties requesting for application
investigation of anti-dumping measures which
Investigating Authority knows;
-Importers of products under investigation;
-Diplomatic authorities of the country where the
origin of products under investigation;
-Other related
Cooperating in the
investigation process
Any related party
refuses to participate in the case or does not provide necessary evidences or
significantly obstructs the completion of the investigation, the investigation
conclusion regarding such relevant party shall be based on available
information.
Any related party
provides false or misleading evidences, such evidences shall not be reviewed
and investigation conclusion regarding such relevant party shall be based on
available information.
TRAV recommends that
related party participate and cooperate fully in the process in order to ensure
legitimate rights and interests and avoid potential disputes.
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