Customs clearance and policy for imported steel?

Recently, at the dialogue between leaders of the city. Ho Chi Minh City with foreign investors (16th, 17th March, 2016), some newspapers post business comments reflecting the implementation of specialized inspection of imports and exports ( imported steel) in the field of state management of the financial sector. In order to clarify the information related to this issue, the Ministry of Finance has just sent an official letter to the Secretary of the City Party Committee. At the same time, information should be sent to news agencies and newspapers for feedback and clarification on the relevant contents.

According to the Ministry of Finance, due to the tax rate specified in the Preferential Tariff (MFN) and Special Preferential Tariff (FTAs), there are differences in tax rates.

According to the recommendations of the Vietnam Steel Association (VSA) in October 2015, in the first nine months of 2015, Chinese businesses have been fraudulent for tax evasion, bringing nearly 1 million tons of Chinese steel ingots "clones" Kim introduced Vietnam and proposed to strengthen inspection and management of steel ingot imported from China.

Starting from the above reasons, the Government instructed ministries and sectors to control the import of steel as stipulated in Joint Circular No. 44/2013 / TTLT-BCT-BKHCN, promptly detecting and strictly handling The import or use of goods is not up to the registered target and quality is not ensured when putting into construction works, proposing short-term and long-term solutions (technical and administrative barriers). To strictly control and prevent fraudulent acts in the import of steel and billets.

According to the Ministry of Finance, customs procedures for imported steel products are now implemented according to the following regulations:

(i). Regulation on customs procedures in the Customs Law, Decree No. 08/2015 / ND-CP dated 21 January 2015 of the Government, Circular No. 38/2015 / TT-BTC dated March 25, 2015 of the Ministry Customs on customs declaration and declaration of goods; at the same time:

(ii). The administrative procedures for specialized management are set out in Joint Circular No. 44/2013 / TTLT-BCT-BKHCN dated 31/12/2013, Circular 12/2015 / TT-BCT dated 12/6/2015 of the Ministry of Industry and Trade and relevant guiding documents of the specialized management ministry.

- Pursuant to Appendix I issued together with Joint Circular No. 44 providing for the list of imported steel items, quality inspection and examination must be carried out before carrying out customs clearance procedures.

- Clause 3, Article 6, Joint Circular No. 44 stipulates: The quality inspection of imported steel at the source shall be presided by the Ministry of Industry and Trade and the Ministry of Science and Technology shall coordinate with one another. , reduce the quality inspection of steel by the Ministry of Industry and Commerce to clear customs clearance. Accordingly, the sampling of steel (steel cut) for quality inspection is necessary to ensure standards of imported steel in accordance with the regulations of the Inter-Ministry.

- Clause 4, Article 6 of Joint Circular No. 44 stipulates: The quality inspection of imported steel by lot at inspection organizations designated by the Ministry of Industry and Trade; "The customs office shall base itself on the assessment certificate or the certificate of the goods lot for customs clearance."

(iii). To implement the Government's direction (Deputy Prime Minister Nguyen Xuan Phuc and Deputy Prime Minister Hoang Trung Hai on strengthening the inspection and control of steel imports in Announcement No. 348 / TB-VPCP October 29, 2015, Official Letter No. 406 / VPCP-KTTH dated 10 March, to combat commercial fraud, anti-dumping, the application of temporary emergency safeguard measures, protection of domestic production, to meet the practical requirements of the domestic steel industry, the ministries have implemented:

- Ministry of Industry and Trade:

March 7, 2016, the Ministry of Industry and Commerce issued Decision 862 / QD-BCT on the application of provisional self-defense tax on billets and billets with a tax rate of 23.3% steel in the form of additional import duties and 14.2% for long steel as additional import duties, applicable to different countries and territories.

Previously, the Ministry of Industry and Commerce also issued Decision No. 7896 / QD-BCT dated September 5, 2014 applying anti-dumping measures for some cold rolled stainless steel products in rolls or sheets from China, Indonesia, Malaysia, Taiwan.

- The Ministry of Finance (the General Department of Customs) shall apply the inspection flow for steel products as follows:

(i) Detailed examination of steel items subject to specialized management and tax administration such as quality control in accordance with Circular 44/2013 / TTLT-BKHCN-BCT; automatic import license according to Circular 12/2015 / TT-BCT; Steel for concrete quality inspection in accordance with Vietnamese standards in Circular 21/2011 / TT-BKHCN, steel products with C / O form subject to preferential tax ...;

(ii) actual inspection of goods (100%) for locally produced Chinese manufactured goods;

(iii) 100% physical inspection and sampling analysis for Chinese steel products (not yet available in the country) to determine the exact nature of the goods. The use of anti-dumping measures and the alloy steel containing Boron (Boron) has a high risk of fraud.

The Ministry of Finance has affirmed that the intensification of strict inspection of some imported steel products is a non-tariff measure aimed at limiting imports and protection of domestic production when the import tax rate decreases. according to the roadmap signed 0%.

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