Decision No. 74/2002/QD-BTC Regarding the Import Tariff Rate for Cathode Ray Tube (CRT) Picture Tubes Imported by Samsung Vina Electronics Company under the AICO Structure

Pursuant to …;

Regarding the determination of import tax rates for certain types of picture tubes imported by Samsung Vina Electronics Company under the AICO structure

THE MINISTER OF FINANCE

Pursuant to Article 4 of the Law on Export Tax and Import Tax which was adopted by the National Assembly of the Socialist Republic of Vietnam at its eighth session, tenth meeting on December 26, 1991;

Pursuant to the Framework Agreement on ASEAN Industrial Cooperation signed by the Economic Ministers of ASEAN countries on April 27, 1996 in Singapore;

Pursuant to the opinions of the Prime Minister in Circulars No. 1896/VPUB dated April 22, 1996 regarding the ASEAN Industrial Cooperation Agreement; Circular No. 5949/VPCP-TCQT dated December 5, 2001 of the Government Office and Circular No. 1488/CV-HTQT dated April 29, 2002 of the Ministry of Industry on the implementation of the AICO structure for Samsung;

Pursuant to Decision No. 07/1998/QĐ-BCN dated February 2, 1998 of the Ministry of Industry on the issuance of "regulations on appraisal, approval, and management of the ASEAN Industrial Cooperation Structure (AICO)", Decision No. 46/2001/QĐ-BCN dated October 12, 2001 of the Minister of Industry on the issuance of the Management Regulations for the Implementation of the ASEAN Industrial Cooperation Structure (AICO Structure), and Certificate of AICO Product No. Samsung/2002/1 issued by the Secretariat of the Association of Southeast Asian Nations on April 8, 2002;

DECISION:

Article 1: When importing spherical picture tubes of 14" CRT, flat picture tubes of 15" flat CTR, and spherical picture tubes of 20" CTR from Samsung SDI (Malaysia) Berhad under the AICO structure, Samsung Vina Electronics Company shall be subject to an import tax rate of 5% (five percent) based on tariff item codes 8540.11.10 or 8540.11.90 in the Preferential Import Tariff Schedule.

In cases where the import tax rate for picture tubes in the Preferential Import Tariff Schedule or in the list of goods and their respective tax rates for the implementation of the ASEAN Trade Preferential Scheme (CEPT) issued by the Government is lower than 5%, the lower rate shall apply.

Article 2: Upon importation, Samsung Vina Electronics Company must present:

- Certificate of AICO Product No. Samsung/2002/1 issued by the ASEAN Secretariat on April 8, 2002 (certified copy);

- Certificate of Origin Form D issued by the authorized authority of Malaysia according to the regulations of the Ministry of Trade on Certificates of Origin under the CEPT Agreement;

Article 3: The quantity of picture tubes imported by Samsung Vina Electronics Company and benefiting from the preferential import tax rate specified in Article 1 of this Decision shall be implemented in accordance with the regulations of the Ministry of Industry.

Article 4: The provisions on the organization of implementation and management of the AICO structure shall be carried out in accordance with Decision No. 07/1998/QĐ-BCN dated February 2, 1998 and Decision No. 46/2001/QĐ-BCN dated October 12, 2001 of the Minister of Industry, and other reporting mechanisms of the Ministry of Industry. In case it is found that Samsung Vina Electronics Company misuses the purpose according to the commitments and amendments attached in the application file for the AICO structure approved by the Government, the Ministry of Industry will notify the General Department of Customs to instruct the local Customs Office to recover the import tax and impose penalties as prescribed.

Article 5: This Decision takes effect and applies to all customs declarations for imported goods submitted to the Customs authorities starting from May 22, 2002.