Ministry of Industry

Question:
 We import aluminum rods that come with KE from China and have processed and perfected according to technical drawings for making doors. Products that have been finished and assembled can be used without further processing, so is our anti-dumping code applied to us? The Hs code we applied is 76101010 is it valid?
Answer:
1. Regarding the application of anti-dumping measures
Because the Company did not provide specific information on the name, basic characteristics, use purposes and HS codes of the actual imported goods, the Customs Department of Dong Nai Province did not have sufficient basis to answer the items. Whether the company intends to import is subject to anti-dumping duties.
Request the Company to refer to Decision No. 2942 / QD-BCT dated September 28, 2020 of the Ministry of Industry and Trade on the decision to apply the official anti-dumping duty on some aluminum products exported from the Republic. Chinese people to make. Accordingly, the goods are aluminum alloy or non-alloy products, bars, rods and shapes, extruded, whether or not surface treated or whether or not further processed, with HS codes 76041010, 76041090, 76042190. , 76042910, 76042990 are the subject of application
2. Regarding determination of HS codes of goods:
- The company can refer to the following legal documents as a basis for determining HS codes, export tax of imported goods:
+ Circular No. 14/2015 / TT-BTC dated January 30, 2015 of the Ministry of Finance guiding goods classification and analysis.
+ Annotation of the Harmonized Commodity Description and Coding System of the World Customs Cooperation Council.
+ Based on six general rules in Appendix II issued under the Circular No. 65/2017 / TT-BTC dated June 27, 2017 of the Ministry of Finance
Note, based on the company's actual exports at the time of export, on the basis of the enterprise providing catalogs, technical documents (if any) or / and inspecting at the Analysis Center. type of Customs (now Regional Verification Bureau). The actual inspection results of the Customs office where the company procedures and the results of the classification analysis determine are the legal and accurate basis to apply the code to those exported goods.
- To determine the exact HS code, before carrying out customs procedures, the company may request a prior determination in accordance with Article 7 of Circular No. 38/2015 / TT-BTC dated March 25, 2015 of Ministry of Finance (amended and supplemented in Clause 3 Article 1 of Circular 39/2018 / TT-BTC April 20, 2018) of the Ministry of Finance.
Request the company to refer to the above provisions for implementation. In case of any problems, please contact the Customs Branch where the declaration is registered for specific instructions.