Officially imposing anti-dumping and anti-subsidy tax on cane sugar originating from Thailand

On June 15, 2021, the Ministry of Industry and Trade issued Decision 1578/QD-BCT to apply anti-dumping duty (CBPG) and anti-subsidy tax (CTC) to a number of exported cane sugar products. from the Kingdom of Thailand.
The decision of the Ministry of Industry and Trade clearly states that the application of anti-dumping tax and official CTC to a number of cane sugar products, classified by HS code, include: HS 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90 and 1702.90.91, imported into Vietnam, originating from Thailand (Case code AD13-AS01), from June 16, 2021.

A representative of the Trade Remedies Department (Ministry of Industry and Trade) said that the investigation and application of trade remedies, specifically the application of anti-dumping and anti-dumping measures on a number of cane sugar products originating from Thailand imported from Thailand. imported into Vietnam, has been implemented by the Ministry of Industry and Trade in accordance with the provisions of the law on foreign trade management, as well as in accordance with international practices, based on objective and verifiable grounds and evidence. real. After more than 5 months of investigation (since September 2020), based on the investigation results, and before making the final conclusion of the case, on May 12, 2021, the Ministry of Industry and Trade held a meeting hold a consultation session to listen to the opinions of all interested parties. The final conclusion of the Investigation Agency of the case, determined that there was an act of dumping and subsidizing the imported goods under investigation (cane sugar products originating from Thailand), causing significant damage to the domestic manufacturing industry; there is a causal relationship between imports of dumped and subsidized goods and substantial injury to the domestic industry. On that basis, the Ministry of Industry and Trade has decided to impose an official anti-dumping tax of 42.99% and an official financial tax of 4.65%. Anti-dumping tax, CTC is an additional import tax, applied to imported cane sugar originating from Thailand, including imports under tariff quotas. The time limit for application of anti-dumping tax and financial tax is officially 05 years from the date on which the decision on application of anti-dumping tax and financial tax officially takes effect (unless it is changed or extended according to another decision of the Ministry of Industry and Trade. ). Illustration Regarding the application of anti-dumping and anti-dumping duties, effective retroactively, the Ministry of Industry and Trade said, based on the final investigation conclusions and data of the General Department of Customs on the import situation of investigated goods. The Ministry of Industry and Trade determined that there was no sudden increase in the volume or quantity of dumped and subsidized goods entering Vietnam in the period from the time the investigation was conducted until the application of the CBGP tax. and temporary CTC. Therefore, there is not enough basis to apply anti-dumping and anti-dumping measures taken effect in advance according to Clause 4, Article 81 and Clause 4, Article 89, Law on Foreign Trade Management. In order to have a basis for determining the origin of imported goods subject to anti-dumping tax and CTC, according to Decision 1578/QD-BCT, the customs authority will check the documents certifying the origin of goods. , including: Certificate of Origin (C/O); documents certifying the origin of goods in accordance with the provisions of the ASEAN Trade in Goods Agreement, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the EU-Vietnam Free Trade Agreement, the EU-Vietnam Free Trade Agreement, and the EU-Vietnam Free Trade Agreement. Free Trade Vietnam – United Kingdom of Great Britain and Northern Ireland. Accordingly, if the customs declarant submits documents certifying the origin of goods from a country or territory other than the Kingdom of Thailand, the official anti-dumping tax and CTC is not required. If the customs declarant submits proof of origin from the Kingdom of Thailand or fails to submit the proof of origin, the official anti-dumping tax and CTC as mentioned above (anti-dumping tax is 42.99%, CTC tax is 4.65%). The Ministry of Industry and Trade also said that in case the anti-dumping tax and the official CTC are lower than the provisional anti-corruption tax and the provisional CTC (the tax rate is temporarily applied when there is no final investigation conclusion and the official tax is imposed). This tax difference will be refunded. Pursuant to current legal regulations, the Ministry of Industry and Trade and the investigating agency will notify the receipt of application for exemption after the Ministry of Industry and Trade issues a decision to apply trade remedies. A quick information to the reporter of the Industry and Trade Newspaper right after learning that the Ministry of Industry and Trade officially applied anti-dumping tax and CTC tax on imported sugar originating from Thailand, a leader of the Vietnam Sugar Association, said. : The Vietnam Sugar Association is quite satisfied with Decision 1578/QD-BCT of the Ministry of Industry and Trade. This is a timely decision, which will make an important contribution to support the development of Vietnam’s sugar industry, when in the context of integration, the sugar industry has faced great challenges due to the unfair competition of the sugar industry. imported sugar (mainly imported from Thailand) due to subsidies, dumping, and smuggling into the Vietnamese market. Compared with the previous decision to impose anti-dumping tax and temporary CTC, the official anti-dumping tax and CTC also eliminated the difference between raw sugar and refined sugar.