VCN – In order to unify implementation, the General Department of Customs has guided local Customs Departments to follow Decision 1514/QD-BCT dated August 1, 2022 of the Ministry of Industry and Trade on the application of measures to prevent the evasion of trade remedies for some cane sugar products.
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Accordingly, the subjects of application of anti-circumvention measures are specified in Decision 1578/QD-BCT dated June 15, 2021 of the Ministry of Industry and Trade on the application of anti-dumping and anti-subsidy taxes for some cane sugar products originating from Thailand and Decision 1514/QD-BCT dated August 1, 2022 of the Ministry of Industry and Trade on the application of measures to prevent the evasion of trade remedies for some cane sugar products.
Specifically, Vietnam will apply measures to prevent the evasion of trade remedies for a number of cane sugar products under HS codes 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91 specified in section 1 of the notice attached to Decision 1514/QD-BCT (except for cases where anti-circumvention measures are not applied as prescribed at Point 3.2, Section 3 of this notice) on the basis of anti-dumping and anti-subsidy tax rates specified in Decision 1578/QD-BCT.
The time limit for the application is from August 8, 2022 to the end of June 15, 2026 (except for a change or an extension by another decision by the Ministry of Industry and Trade) according to the provisions of section 5 of the notice issued together with Decision 1514/QD-BCT.
In order to ensure the declaration on the import customs declaration, the General Department of Customs requires local Customs Departments to guide importers subject to the application of anti-circumvention measures of trade remedies to declare anti-dumping and anti-subsidy taxes according to the instructions in the anti-dumping tax code table used in VNACCS which is posted on the website: https://www.customs.gov.vn with the tax rate which combines the anti-dumping tax and anti-subsidy tax specified at Point 3.1, section 3 of the notice issued together with Decision 1514/QD-BCT.
If the imported goods specified in Section 1 of the notice issued together with Decision 1514/QD-BCT are manufactured by one of the companies that are not required to apply anti-circumvention measures under the provisions of Clause 1 of this Article. Point 3.2, Section 3 of the notice issued together with Decision 1514/QD-BCT, the customs authority shall guide importers to declare the criterion 1.95 “tax exemption/reduction/other non-taxable and non-payable codes according to the list of codes not subject to anti-dumping tax posted on the website: https://www.customs.gov.vn”.
After the importer declares the customs declaration, the customs officer shall follow the steps in Point 2.1, Section 2 of Official Dispatch 993/TCHQ-TXNK dated March 3, 2021 of the General Department of Customs.
Local Customs departments shall collect and pay anti-dumping and anti-subsidy taxes according to instructions at Point 3.1, Section 3 of Official Dispatch 993/TCHQ-TXNK of the General Department of Customs.
In addition, the General Department of Customs requires local Customs departments to ask customs officers to check the proof of goods’ origin and the manufacturer’s quality certificate according to the inspection steps mentioned in Section 4 of the notice issued together with Decision 1514/QD-BCT.
In which, it is noted for step 2 as follows: If the proof of goods origin shows the origin criteria other than the wholly obtained origin (such as – declaration of criteria PE, RVC, CTC), then the goods shall be subject to anti-circumvention measures under Decision 1514/QD-BTC.
If the proof of origin shows the wholly obtained origin (WO) criteria, check the manufacturer’s name on the manufacturer’s Certificate of Quality.
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In case the manufacturer’s inspection name matches the name of one of the companies mentioned in Point 3.2, Section 3 of the notice attached to Decision 1514/QD-BCT, the customs officer shall check the information on the certificate of quality of the manufacturer to ensure that it is consistent with the information of the customs dossier of the imported shipment (the form of the manufacturer’s certificate of quality is attached to Official Dispatch 578/PVTM-P1 dated August 3, 2022 of the Trade Remedies Authority).
By Nu Bui/ Huyen Trang