G/SG/N/7/VNM/4  
G/SG/N/11/VNM/6  
 
11 August 2017  
(17-4355) Page: 1/4 
Committee on Safeguards  Original: English  
 
NOTIFICATION UNDER A RTICLE 12.4 OF THE A GREEMENT ON  
SAFEGUARDS BEFORE TA KING A PROVISIONAL S AFEGUARD  
MEASURE REFERRED TO IN ARTICLE 6  
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 11 August  2017, is being circulated at the request 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. 150/2003/ND -CP dated 8 December 2003 of the Government providing detailed 
regulations for implementation of Ordinance on safeguards on imports of fore ign goods into 
Vietnam, the Ministry of Industry and Trade notifies the application of provisional safeguard 
measures on the imports of "certain fertilizers of Diammonium Phosphate (DAP) and 
Monoammonium Phosphate (MAP) " under HS code 3105.10.20; 3105.10.9 0; 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 Industry 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.  
2. Subject product  
The fertilizers under the investigation included: DAP and MAP containing substantial elements of 
Nitrogen and Phosphorus with minimum content of 7% Nitr ogen 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.  
Fertilizers are excluded from scope of subject products having one of the elements as follows: 
N < 7%; P 2O5 < 30%; K 2O >3%.  
3. Provisional safeguard measures applied  
Ministry of Industry and Trade shall apply provisional safeguard measure in the form of import 
duty of 1,855,790 VND/ton  on subject products imported into Vietnam.  G/SG/N/7/VNM/4 • G/SG/N/11/VNM/6  
 
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  4.  Countri es or origin of products under investigation subject to provisional 
safeguard measure  
Provisional safeguard measure is applied to imported products from all countries under 
investigation, except for countries excluded from the investigation in accordance w ith 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 Vietnam). Please see the list of countries exclu ded from the investigation in the 
Appendix below.  
5.  Effective date of the provisional safeguard measures  
Provisional safeguard measures will take effect after 15 days from the date of signing of the  
Decision of the Minister of Industry and Trade, i.e. 19 August 2017 . 
6.  Duration of the provisional safeguard measures:  
Provisional safeguard measures will be applied for a period not exceeding 200 days since the  
effective date, i.e. until 06 March 2018 . The provisional safeguard measures will be terminated 
in the case of Minister of Industry and Trade decides to apply the definitive safeguard measures or 
to terminate the investigation.  
7.  Basis for application of the provisional 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 relatively increased to that of like 
product produced domestically during the investigation period.  
- 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 negative equity and may have to stop production if the 
loss continues in 2017.  
8.  Next procedures  
The Investigating Authority will conduct a public hea ring with interested parties before finishing 
the investigation. Time for the public hearing will be notified to interested parties at least 30 days 
before the hearing. Interested parties have to submit the registration to attend the hearing and 
written su bmissions of the view expressed at the hearing no later than 10 days before the date of 
public hearing.  
9. Further information  
Information on the decision to apply provisional safeguard measures on subject products is 
accessible at the website of the Minis try of Industry and Trade ( http://www.moit.gov.vn ) and 
Vietnam Competition Authority ( http://www.vca.gov.vn  or http://www.qlct.gov.vn ). 
Further information and comments should be sent to:  
Trade Remedies Investigation Division  
Viet Nam Competition Authority - Ministry of Industry and Trade  
Address: 25 Ngo Quyen Street, Hoan Kiem District, Hanoi, Vietnam  
Phone: (+84 24) 222.05002 (ext: 1035) (Ms . Mai Quynh)  
Fax: (+84 24) 222.05003  
Email  : quynhpm@moit.gov.vn ; hungnht@moit.gov.vn . G/SG/N/7/VNM/4 • G/SG/N/11/VNM/6  
 
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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  
 
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 America 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  G/SG/N/7/VNM/4 • G/SG/N/11/VNM/6  
 
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  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  
 
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