G/SG/N/8/VNM/6  
G/SG/N/10/VNM/5  
G/SG/N/11/VNM/7  
 
 13 March 2018 
(18-1500) Page: 1/4 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION UNDER A RTICLE 12.1(B) OF TH E AGREEMENT  
ON SAFEGUARDS ON FIN DING A SERIOUS INJUR Y OR  
THREAT THEREOF CAUSE D BY INCREASED IMPOR TS 
 
NOTIFICATION PURSUAN T TO ARTICLE 12.1(C)  
OF THE AGREEMENT ON SAF EGUARDS  
 
NOTIFICATION PURSUAN T TO ARTICLE 9, FOOT NOTE 2  
OF THE AGREEMENT ON SAFEGUARDS  
VIET NAM 
(Diammonium Phosphate and Monoammonium Phosphate  fertilizers)  
The following communication, dated 9 March 2018 , is being circulated at the re quest of the 
delegation of Viet Nam.  
 
_______________  
 
 
In accordance with Ordinance No. 42/2002/PL -UBTVQH10 dated 25 May 2002 of the Standing 
Committee of the National Assembly on Safeguards on Imports of Foreign Goods into Viet Nam 
and Decree No. 150/200 3/ND-CP dated 8 December 2003 of the Government providing detailed 
regulations for implementation of Ordinance on safeguards on imports of foreign goods into 
Viet Nam, the Ministry of Industry and Trade notifies the application of safeguard measures on the  
imports of "certain fertilizers of Diammonium Phosphate (DAP) and Monoammonium Phosphate 
(MAP)" under HS code 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 
3105.51.00; 3105.59.00; 3105.90.00.  
 
1. Background  
 
On 12 May 2017, the Ministry of I ndustry and Trade issued the Decision No. 1682A/QD -BCT on the 
initiation of safeguard investigation on certain fertilizers of DAP and MAP (hereinafter referred to as 
"subject products") imported from various countries.  
 
On 4 August 2017, the Ministry of In dustry and Trade issued the Decision No. 3044/QD -BCT on 
the application of provisional safeguard measures on subject products imported from various 
countries.  
 
2. Subject product  
 
The fertilizers under the investigation included: DAP and MAP containing substantial elements of 
Nitrogen and Phosphorus with minimum content of 7% Nitrogen and 30% Phosphorus.  
 
Certain DAP and MAP products under HS Code: 3105.10.20; 3105.10.90; 3105.20.00; 
3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.  
 
Fertilizer s are excluded from scope of subject products having one of the elements as follows: 
N < 7%; P 2O5 < 30%; K 2O >3%.  G/SG/N/8/VNM/6 • G/SG/N/10/VNM/5 • G/SG/N/11/VNM/7  
 
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  3. Safeguard measures applied  
 
The Ministry of Industry and Trade shall apply safeguard measure in the form of additional import 
duty on subject products imported into Viet Nam as follows:  
 
Effective period  Safeguard duties  
19/08/2017 –06/03/2018  VND 1.128.531 per ton  
07/03/2018 –06/03/2019  VND 1.128.531 per ton  
07/03/2019 –06/03/2020  VND 1.072.104 per ton  
 
4.  Countries or origin of products under investigation subject to safeguard measure  
 
Safeguard measure is applied to imported products from all countries under investigation, except 
for countries excluded from the investigation in accordance with the regulation on negligible 
volume  of imports (Article 13 of Decree 150/2003/ND -CP of 8 December 2003 detailing regulations 
for implementation of Ordinance on safeguards on imports of foreign goods into Viet Nam). Please 
see the list of countries excluded from the investigation in the Appe ndix below.  
 
5.  Effective date of the safeguard measures  
 
Safeguard measures will take effect from  7 March 2018 . 
 
6.  Basis for application of the safeguard measures  
 
Based on the information provided by interested parties, the Investigating Authority determines as 
follows:  
 
- The volume of subject products imported into Viet Nam increased in both relative and 
absolute terms.  
 
- There is a price depression and price suppression of subject products against the like 
products produced domestically.  
 
- The domestic industry has suffered serious injury in terms of: output, capacity, turnover, 
utilization capacity, profit, market share, inventories, labor and the volume of domestic sales 
in the period of 2013 –2016.  
 
- The domestic industry has faced with neg ative equity and may have to stop production if the 
loss continues in 2017.  
 
- The increase of import of subject products has caused serious injury to the domestic 
industry.  
 
7. Further information  
 
Information on the decision to apply safeguard measures on subject products is accessible at the 
website of the Ministry of Industry and Trade ( http://www.moit.gov.vn ) and Trade Remedies 
Authority of Viet Nam ( http://www.pvtm.gov.vn ). 
 
Further information and comments should be sent to:  
 
Injury and Safeguard Investigation Division  
Trade Remedies Authority of Viet Nam - Ministry of Industry and Trade  
Address: 25 Ngo Quyen Street, H oan Kiem District, Hanoi, Viet Nam  
Phone: (+84 24) 222.05002 (ext: 1037) (Ms. Mai Quynh)  
Fax: (+84 24) 222.05003  
Email  : quynhpm@moit.gov.vn   
 G/SG/N/8/VNM/6 • G/SG/N/10/VNM/5 • G/SG/N/11/VNM/7  
 
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  APPENDIX  
LIST OF COUNTRIES EX CLUDED FROM THE INVE STIGATION  
1. Sub-Sahara  Africa  
Angola  Madagascar  Nigeria  
Benin  Malawi  Rwanda  
Botswana  Mali  Sao Tome  and Principe  
Burkina  Faso  Mauritania  Senegal  
Burundi  Mauritius  Sierra  Leone  
Cabo Verde  Mozambique  Somalia  
Cameroon  Namibia  South  Africa  
Central  African  Republic  Niger  South  Sudan  
Chad  Gabon  Sudan  
Comoros  Gambia,  The Swaziland  
Congo,  Dem.  Rep.  Ghana  Tanzania  
Congo,  Rep.  Guinea  Togo 
Cote d'Ivoire  Guinea -Bissau  Uganda  
Eritrea  Kenya  Zambia  
Ethiopia  Lesotho  Zimbabwe  
 Liberia   
 
2. Asia Pacific  
American Samoa  Myanmar  
Cambodia  Palau  
Fiji  Papua New Guinea  
Indonesia  Philippines  
Kiribati  Samoa  
Korea, Dem. Rep.  Solomon Islands  
Lao PDR  Thailand  
Malaysia  Timor -Leste  
Marshall Islands  Tonga  
Micronesia, Fed. Sts.  Tuvalu  
Mongolia  Vanuatu  G/SG/N/8/VNM/6 • G/SG/N/10/VNM/5 • G/SG/N/11/VNM/7  
 
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  3. Europe and Central Asia  
Albania  Macedonia, FYR  
Armenia  Moldova  
Azerbaijan  Montenegro  
Belarus  Romania  
Bosnia and Herzegovina  Serbia  
Bulgaria  Tajikistan  
Georgia  Turkey  
Kazakhstan  Turkmenistan  
Kosovo  Ukraine  
Kyrgyz Republic  Uzbekistan  
 
4. Latin Amer ica and Caribbean  
Belize  Guyana  
Bolivia  Haiti  
Brazil  Honduras  
Colombia  Jamaica  
Costa Rica  Mexico  
Cuba  Nicaragua  
Dominica  Panama  
Dominican Republic  Paraguay  
Ecuador  Peru  
El Salvador  St. Lucia  
Grenada  St. Vincent and the Grenadines  
Guatemala  Suriname  
 
5. Middle East and North  Africa  
Algeria  Libya  
Djibouti  Morocco  
Egypt, Arab Rep.  Syrian Arab Republic  
Iran, Islamic Rep.  Tunisia  
Iraq  West Bank and Gaza  
Jordan  Yemen, Rep.  
Lebanon   
 
6. South Asia  
Afghanistan  Maldives  
Bangladesh  Nepal  
Bhutan  Pakistan  
India  Sri Lanka  
__________