DECISION

ON APPLICATION OF PROVISIONAL SAFEGUARD MEASURES

MINISTER OF INDUSTRY AND TRADE

Pursuant to the Ordinance No. 42/2002/PL-UBTVQH10 dated May 25, 2002 of the Standing Committee of the National Assembly on safeguards against imports of foreign goods into Vietnam;

Pursuant to the Government’s Decree No. 150/2003/ND-CP dated December 08, 2003 detailing the implementation of the Ordinance on safeguards against imports of foreign goods into Vietnam;

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 defining functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Decision No. 848/QD-BCT dated February 05, 2013 of the Minister of Industry and Trade defining functions, tasks, powers and organizational structure of the Vietnam Competition Authority (VCA);

At the request of the Director General of the Vietnam Competition Authority,

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Article 1. Provisional safeguard measures shall be applied to the imports of DAP and MAP fertilizers with the HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00 from different countries/territories into Vietnam with detailed contents provided in the Notice enclosed with this Decision.

Article 2. Procedures for applying provisional safeguard measures shall comply with the law on safeguards against imports of foreign goods into Vietnam.

Article 3. This decision shall take effect after 15 days as of the signing date.

Article 4. The General Director of Vietnam Competition Authority, Chief of the Ministry Office and Heads of relevant units/parties are responsible for implementing this Decision.

MINISTER




Tran Tuan Anh

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ON THE APPLICATION OF PROVISIONAL SAFEGUARD MEASURES
(Enclosed with the Decision No. 3044/QD-BCT dated August 04, 2017 of the Minister of Industry and Trade)

The Ministry of Industry and Trade hereby announces detailed contents of application of provisional safeguard measures to the imports of DAP and MAP fertilizers with HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00  into Vietnam (Case No. SG06). To be specific:

1. Imports to which provisional safeguard measures are applied

The imports to which provisional safeguard measures are applied are complex or compound inorganic fertilizers with the following HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

Note: the fertilizers that have one of the components with the following contents shall not apply provisional safeguard measures: Nitrogen (N) < 7%; Phosphorus pentoxide (P₂O₅) < 30% and Potassium (K₂O) > 3%.

2. Provisional duty rate and duration of provisional safeguard measures

a) Pursuant to Article 20 of the Ordinance No. 42/2002/PL-UBTVQH10 on safeguards against imports of foreign goods into Vietnam (the Ordinance No. 42/2002), the Ministry of Trade shall apply provisional safeguard measures in the form of import surcharges on imports into Vietnam. The provisional safeguard duty rate is 1,855,790 VND per tonne.

b) The provisional safeguard measures shall take effect after 15 days from the date on which the Ministry of Industry and Trade decides to apply provisional safeguard measures; in other words, from August 19, 2017.

c) Provisional safeguard measures shall apply for up to 200 days as of its effective date.

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• After March 06, 2018; or

• The issuance of Decision on application of official safeguard measures by Ministry of Industry and Trade.

e)  Pursuant to Clause 7, Article 20 of the Ordinance No. 42/2002 in the cases where the final decision issued by the Minister of Industry and Trade defines that the application of provisional safeguard measures is no longer necessary or the last safeguard duty rate is lower than the applied safeguard duty rate, the duty difference shall be returned to the taxpayers as prescribed by law.

3. Countries/territories exempted from provisional safeguard measures

a) Pursuant to Article 13 of the Government’s Decree No. 150/2003/ND-CP dated December 08, 2003 elaborating the implementation of the Ordinance on safeguards against imports of foreign goods into Vietnam, provisional safeguard measures shall be applied to the products imported from all countries/territories to Vietnam, except for developing countries countries whose imports to Vietnam account for no more than 3% of the total imports of product concerned.  A list of countries/territories that are exempted from provisional safeguard measures is provided in the Appendix enclosed with this Notice.

b) In order to be exempted from provisional safeguard measures as stated above, an importer must provide the customs authorities with following documents:

- The Certificate of Origin which specifies that imports originate in countries/territories stated in the Appendix of this Notice. The regulations on Certificate of Origin shall be consistent with Clause 4, Article 3 of the Decree No. 19/2006/ND-CP dated February 20, 2006 elaborating the Commercial Law on origin of goods of shipments and the Circular No. 08/2006/TT-BTM dated April 17, 2006 of the Ministry of Trade (now the Ministry of Industry and Trade).

- The Test Certificate issued by the manufacturer whose business are conducted in countries/territories stated in the Appendix of this Notice.

4. Conditions for application of provisional safeguard measures

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5. Subsequent procedures for application of provisional safeguard measures

a) After the Ministry of Industry and Trade reaches a preliminary determination of investigation and issues a decision on application of provisional safeguard measures, relevant parties may express their opinions on the issues concerning scope of products, preliminary determination of the case and other concerning issues. This is a key ground for the Ministry of Industry and Trade to consider before bringing the case to a conclusion. The opinions shall be sent to the Vietnam Competition Authority affiliated to the Ministry of Industry and Trade before the end of the official investigation of the case. The investigation into the case shall end on November 12, 2017 (the investigation period may be extended for an extra 2 months).

b) Before bringing the case into a conclusion, the Ministry of Industry and Trade shall continue to work with relevant parties to collect more evidence and documents for a general assessment of the case. The investigation authority shall conduct a public hearing with interested parties before the investigation comes to an end. Time of the public hearing shall be informed to interested parties at least 30 days before such public hearing takes place. Interested parties shall send letters of registration for participation in the public hearing to the investigation authority at least 10 days before the date on which such public hearing takes place. The letters shall specify questionable matters and written arguments.

Interested parties may be absent from the public hearing. If either party is absent from the public hearing, such party’s benefits are still protected as prescribe by law.

6. Contact information

The information about the decision on application of provisional safeguard measures to the import of DAP and MAP fertilizers and preliminary determination of investigation (the public one)  is available at the website of the Ministry of Industry and Trade (http://www.moit.gov.vn) and the website of the Vietnam Competition Authority (http://www.qlct.gov.vn).

Contact:

The Trade Remedies Investigation Division

The Vietnam Competition Authority - the Ministry of Industry and Trade

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Officials in charge:

- Mr. Nguyen Huu Truong Hung - Email: hungnht@moit.gov.vn

Tel.: (+84 4) 222.05018.

- Ms. Phan Mai Quynh - Email: quynhpm@moit.gov.vn

Tel.: (+84 4) 222.05002 (Ext. 1039).

APPENDIX

(Enclosed with the Notice of the Decision No.     /QD-BCT dated August 04, 2017 of the Minister of Industry and Trade)

LIST OF COUNTRIES/TERRITORIES EXEMPTED FROM OFFICIAL SAFEGUARD MEASURES

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Angola

Madagascar

Nigeria

Benin

Malawi

Rwanda

Botswana

Mali

Sao Tome and Principe

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Mauritania

Senegal

Burundi

Mauritius

Sierra Leone

Cabo Verde

Mozambique

Somalia

Cameroon

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South Africa

Central African Republic

Niger

South Sudan

Chad

Gabon

Sudan

Comoros

Gambia, The

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Congo, Dem. Rep.

Ghana

Tanzania

Congo, Rep.

Guinea

Togo

Cote d'Ivoire

Guinea-Bissau

Uganda

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Kenya

Zambia

Ethiopia

Lesotho

Zimbabwe

Liberia

2. Asia Pacific

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Myanmar

Cambodia

Palau

Fiji

Papua New Guinea

Indonesia

Philippines

Kiribati

Samoa

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Solomon Islands

Lao PDR

Thailand

Malaysia

Timor-Leste

Marshall Islands

Tonga

Micronesia, Fed. Sts.

Tuvalu

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Vanuatu

3. Europe and Central Asia

Albania

Macedonia, FYR

Armenia

Moldova

Azerbaijan

Montenegro

Belarus

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Bosnia and Herzegovina

Serbia

Bulgaria

Tajikistan

Georgia

Turkey

Kazakhstan

Turkmenistan

Kosovo

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Kyrgyz Republic

Uzbekistan

4. Latin America and Caribbean

Belize

Guyana

Bolivia

Haiti

Brazil

Honduras

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Jamaica

Costa Rica

Mexico

Cuba

Nicaragua

Dominica

Panama

Dominican Republic

Paraguay

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Peru

El Salvador

St. Lucia

Grenada

St. Vincent and the Grenadines

Guatemala

Suriname

5. Middle East and North Africa

Algeria

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Djibouti

Morocco

Egypt, Arab Rep.

Syrian Arab Republic

Iran, Islamic Rep.

Tunisia

Iraq

West Bank and Gaza

Jordan

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Lebanon

6. South Asia

Afghanistan

Maldives

Bangladesh

Nepal

Bhutan

Pakistan

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Sri Lanka