COMMISSION IMPLEMENTING DECISION (EU) 2020/1653

of 6 November 2020

terminating the anti-subsidy proceeding concerning imports of certain hot rolled stainless steel sheets and coils originating in the People's Republic of China and Indonesia

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1), and in particular Article 14(1) thereof,

Whereas:

1. PROCEDURE

(1) On 10 October 2019 the European Commission (‘the Commission’) initiated an anti-subsidy investigation with regard to imports into the Union of certain hot-rolled stainless steel sheets and coils (‘SSHR’ or ‘the product under investigation’) originating in the People’s Republic of China and Indonesia. The Commission published a notice of initiation in the Official Journal of the European Union (2).

(2) The product under investigation (‘SSHR’) is flat-rolled products of stainless steel, whether or not in coils (including products cut-to-length and narrow strip), not further worked than hot-rolled and excluding products, not in coils, of a width of 600 mm or more and of a thickness exceeding 10 mm, originating in the People’s Republic of China and Indonesia.

(3) The investigation was initiated following a complaint lodged by the European Steel Association (‘Eurofer’ or ‘the complainant’) on behalf of four Union producers representing the entirety of Union production of the product under investigation. The complaint contained sufficient evidence of subsidisation and of a resulting injury to justify the initiation of the investigation.

(4) In the notice of initiation, the Commission invited interested parties to contact it in order to participate in the investigation. In addition, the Commission specifically informed the complainants, other known Union producers, the known exporting producers and the Chinese authorities, known importers, suppliers and users, traders, as well as associations known to be concerned about the initiation of the investigation and invited them to participate.

(5) All interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings within the time limit set in the notice of initiation.

2. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

(6) On 18 September 2020, the complainant informed the Commission that it withdrew the complaint.

(7) Under Article 14(1) of Regulation (EU) 2016/1037, proceedings may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

(8) The investigation had not brought to light any considerations showing that a continuation of the case would be in the Union interest.

(9) The Commission therefore concluded that anti-subsidy proceeding concerning imports into the Union of certain hot-rolled stainless steel sheets and coils originating in the People’s Republic of China and Indonesia should be terminated without the imposition of measures.

(10) Interested parties were informed accordingly and were given an opportunity to comment. The Government of Indonesia commented that it fully agreed with the Commission’s conclusion. No further comments were received.

(11) The Decision is in accordance with the opinion of the Committee established by Article 25(1) Regulation (EU) 2016/1037,

HAS ADOPTED THIS DECISION:

Article 1 The anti-subsidy proceeding concerning imports into the Union of flat-rolled products of stainless steel, whether or not in coils (including products cut-to-length and narrow strip), not further worked than hot-rolled and excluding products, not in coils, of a width of 600 mm or more and of a thickness exceeding 10 mm, currently falling under HS codes 7219 11, 7219 12, 7219 13, 7219 14, 7219 22, 7219 23, 7219 24, 7220 11 and 7220 12, originating in the People’s Republic of China and Indonesia, is terminated.

Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 6 November 2020. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 176, 30.6.2016, p. 55.

(2) Notice of initiation of an anti-subsidy proceeding concerning imports of certain hot rolled stainless steel sheets and coils originating in the People's Republic of China and Indonesia (OJ C 342, 10.10.2019, p. 18).