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
(Enclosed with the Decision No. 2080/QD-BCT dated August 31, 2021 of Minister of Industry and Trade)

Polyester yarn products are the goods subject to the provisional 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 provisional anti-dumping duty bear the following HS codes: 5402.33.00, 5402.46.00, 5402.47.00.

The Ministry of Industry and Trade may amend and supplement the list of HS codes of goods subject to the provisional anti-dumping duty in order to meet the description of the goods subject to investigation and other changes (if any).

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

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

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

- Pursuant to Clause 4 Article 81 of the Law on Foreign Trade Management, if the final determination issued 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 impose 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 imposition 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 imposition of the provisional anti-dumping duty and thus causes damage to domestic production which would be difficult to repair.

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

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

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:

- Case 1: If no proof of origin is presented, the rate of anti-dumping duty 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.

- 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 hereof, 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

+ 21,23% 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 specified in Column 1 Section 2 hereof is presented, guidelines in Step 3 shall apply.

- 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 or the corresponding exporter specified in Column 2, the corresponding duty rate specified in Column 3 Section 2 hereof shall be imposed.

- Case 2: If the exporter’s name (specified in the sales contract and commercial invoice) coincides with neither the name of a manufacturer specified in Column 1 Section 2 nor the name of the corresponding exporter specified in Column 2 Section 2, 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

+ 21,23% with respect to goods whose proof of origin is issued by a competent authority of Malaysia;

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;

- Sending the draft of the final determination to related parties for their opinions;

- Issuing the final determination.

The Trade Remedies Authority of Vietnam affiliated to the Ministry of Industry and Trade

Address: 23 Ngo Quyen Street, Hoan Kiem District, Hanoi City, Vietnam

Telephone: +84(24) 73037898 (ext: 112, 117)

E-mail: maitrh@moit.gov.vn (Ms. Tran Hoang Mai) - tralt@moit.gov.vn (Ms. Le Thu Tra)

The decision on and the announcement of the provisional anti-dumping duty may be found and downloaded from the website of the Ministry of Industry and Trade: www.moit.gov.vn; or of the Trade Remedies Authority of Vietnam: www.trav.gov.vn or www.pvtm.gov.vn.