DAP and MAP is complex
inorganic fertilizers, with main component of nitrogen and phosphorus, whose
function of lining, dressing crops and production of NPK fertilizer.
On March 31st, 2017, Ministry of Industry and Trade (MOIT) received Dossier requesting to apply the safeguard measures on DAP and MAP fertilizer. Requesting Party is DAP Vinachem Joint Stock Company and DAP No 2 -Vinachem Joint Stock Company.
Anti-dumping-Lawyers-in-VietnamOn
April 13th, 2017, Trade Remedies Authority of Vietnam (Investigating Body)
received Dossier requesting to apply globally the safeguard measures on DAP and
MAP fertilizer.
On May 12th, 2017, based on
Dossier requesting to apply the safeguard measures of domestic industry,
regulations of World Trade Organization (WTO) and Vietnamese Law, the Ministry
of Industry and Trade (MOIT) promulgated Decision No. 1682A/QD-BCT on
initiation of investigation to apply globally the safeguard measures on DAP and MAP
fertilizer imported into Vietnam.
Based on conclusion from
preliminary investigation showing that imported goods caused significant damage
to domestic industry, MOIT promulgated Decision No. issued Decision No.
3044/QD-BCT on August 04th, 2017 on applying temporary safeguard measures on goods
with HS codes as follows: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00;
3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00 with temporary tax of
VNĐ1,855,790 per/ton. Temporary safeguard measures shall from August 19, 2017
to March 6, 2018.
In the final investigation
phase, Investigating Body held consultations with the relevant parties,
assessed socio-economic impacts of temporary safeguard measures, updated data
and consulted Ministries, agencies.
The final investigation
conclusion showed that the amount of imported DAP and MAP fertilizers had
increased both absolutely and relatively during the investigation phase. The
conclusion also showed that the imported DAP and MAP fertilizers caused price
pressures and price hikes on domestic goods during 2013-16 period. Phenomenon
of price pressures, price hikes continues to take place in 2017 so the selling
price of domestically produced fertilizer is still lower than the production
cost. Domestic fertilizer production industry suffer on all aspects such as significant
reduction of quantity and sales.
Accordingly, there was increase
of imported goods having impact on prices. One of the three conditions is met
to apply the safeguard measures according to regulations of WTO and Vietnammese
law (Three conditions are: having impact on quantity and prices of imported
goods; domestic industry was significantly damaged; There is causality between
the increase of imported goods and the damage of domestic industry).
On November 10th, 2017,
Minister of Industry and Trade promulgated Decision No. 4236/QD-BCT on
extending the deadline for investigating cases of applying safeguard measures
on DAP and MAP fertilizers imported into Vietnam fertilizers for more two
months before issuing the final Report. This extension is necessary to gather
more information relating to the case, to consider thoroughly relevant parties’
opinion, to assess comprehensively socio-economic impact
On March 02nd, 2018, Minister
of Industry and Trade promulgated Decision No. 686/QD-BCT on applying official safeguard
measures on DAP and MAP fertilizer imported into Vietnam (case number SG06).
On March 21st, 2018,
Investigating Body posted a notice of Implementation Guide of exemption from
applying the safeguard measure.
On October 12th, 2018,
Investigating Body posted a notice to receive the dossier requesting for
exemption from application safeguard measure.
On May 31st, 2019,
Investigating Body posted a public notice to receive the dossier requesting for
final review.
On July 02nd, 2019,
Investigating Body received Dossier requesting for final review from DAP
Vinachem Company and DAP No 2 -Vinachem Company.
On July 10th, 2019,
Investigating Body issued official dispatch on requiring the Requesting Party
to supplement some relevant information.
On August 02nd, 2019,
Investigating Body received dossier of supplementation information at request.
On August 13th, 2019,
Investigating Body confirmed that the dossier is complete, valid in accordance
with regulations of requirement of final review of safeguard measure on
imported DAP and MAP fertilizer.
On September 03rd, 2019, MOIT
promulgated Decision No. 2700/QD-BCT on final review of the safeguard measures
on imported DAP and MAP fertilizer.
On September 18th, 2019,
Investigating Body issued official dispatch no. 817/PVTM-P2 on sending
final-review questionnaire of the safeguard measures on imported DAP and MAP
fertilizer (ER01.SG06) to domestic production company, company importing DAP
and MAP fertilizer.
On January 13th, 2020,
Investigating Body held consultations with the relevant parties to present
opinion relating to the case.
On February 24th, 2020,
Investigating Body completed the Conclusion of final review of safeguard
measure on imported DAP and MAP fertilizer.
On March 03rd, 2020, MOIT
promulgated Decision No. 715/QĐ-BCT on extending the application the safeguard
measures on imported DAP and MAP fertilizers. Specifically, the applicable tax
rates are as follows: from 7/3/2020-6/3/2021 safeguard rates is 1.050.662
dong/ton; from 7/3/2021-6/3/2022 is 1.029.219 dong/ton; from 7/3/2022-6/9/2022
is 1.007.778 dong/ton; from 7/9/2022 onwards is 0 dong/ton.
Based on results of review,
MOIT determines the extension of appling the safeguard measures on imported DAP
and MAP fertilizers is necessary to continue to prevent damage of domestic
industry and to ensure the efficiency of measures, helping domestic industry to
have more time to justify.
On March 13th, 2020,
Investigating Body posted a noticae to receive the Dossier requesting for
exemption from application safeguard measure on DAP/MAP fertilizers in 2020.
Enterprise shall submit the Dossier requesting for exemption at public service
Portal by website https://dichvucong.moit.gov.vn or send directly to
Trade Remedies Authority of Vietnam before 5pm on April 13th, 2020.
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