CELEX: 32020R1713
Language: en
Date: 2020-11-16 00:00:00
Title: Commission Implementing Regulation (EU) 2020/1713 of 16 November 2020 amending Implementing Regulation (EU) 2019/1382 amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures

17.11.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 384/6
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1713
         of 16 November 2020
         amending Implementing Regulation (EU) 2019/1382 amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/477 (1) of the European Parliament and of the Council of 11 March 2015, on measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures,
         Whereas:
         
                     (1)
                  
                  
                     By Regulation (EU) 2019/159 (2), the Commission imposed safeguard measures with respect to certain steel products for a period of three years. Those measures take the form of tariff-rate quotas applicable for specified periods, by which an above-quota tariff duty of 25 % is payable when imports exceed a specified threshold corresponding to the average level of imports in the years 2015 to 2017.
                  
               
                     (2)
                  
                  
                     By Regulation (EU) 2019/1382 (3), the Commission put in place a mechanism preventing the concurrent application of this above-quota tariff duty with anti-dumping and/or countervailing measures also applicable to some of the steel products.
                  
               
                     (3)
                  
                  
                     For this purpose, the annex to Regulation (EU) 2019/1382 listed all anti-dumping and anti-subsidy measures on products also subject to the safeguard measures at the time, and specified the anti-dumping and/or anti-subsidy duty that should apply once the above-quota tariff becomes applicable.
                  
               
                     (4)
                  
                  
                     On 6 October 2020, by Regulation (EU) 2020/1408 (4), the Commission imposed definitive anti-dumping measures on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan.
                  
               
                     (5)
                  
                  
                     As stated in recital 310 of Regulation (EU) 2020/1408, the mechanism preventing the concurrent application of measures applies to these products since they are also subject to safeguard measures (product number 8). The annex to Regulation (EU) 2019/1382 should therefore be amended in order to include Regulation (EU) 2020/1408.
                  
               
                     (6)
                  
                  
                     The measures provided for in this Regulation are in accordance with the opinion of the Trade Defence Instruments Committee,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            Implementing Regulation (EU) 2019/1382 is amended as follows:
            
                        (1)
                     
                     
                        in Annex 1.B ‘List of the regulations imposing anti-dumping and anti-subsidy measures on the products that are subject to the safeguard measure’, the following paragraph is added:
                        
                           ‘19)   COMMISSION IMPLEMENTING REGULATION (EU) 2020/1408 of 6 October 2020 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan, OJ L 325, 7.10.2020, p. 26.’;
                        
                     
                  
                        (2)
                     
                     
                        in Annex 2 ‘Rates of anti-dumping and/or countervailing duties applicable as long as a safeguard duty is due on the same product’, the following Annex 2.18 is added:
                        
                           
                              ‘ANNEX 2.18
                              Commission Implementing Regulation (EU) 2020/1408 of 6 October 2020 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan, OJ L 325, 7.10.2020, p. 26.
                              
                                          Country
                                       
                                       
                                          Company
                                       
                                       
                                          TARIC additional code
                                       
                                       
                                          Original definitive anti-dumping duty
                                       
                                       
                                          Anti-dumping duty once safeguard measure is due
                                       
                                    
                                          Indonesia
                                       
                                       
                                          PT Indonesia Guang Ching Nickel and Stainless Steel Industry
                                       
                                       
                                          C541
                                       
                                       
                                          17,3
                                       
                                       
                                          0,0 %
                                       
                                    
                                          Indonesia
                                       
                                       
                                          PT Indonesia Tsingshan Stainless Steel
                                       
                                       
                                          C547
                                       
                                       
                                          17,3
                                       
                                       
                                          0,0 %
                                       
                                    
                                          Indonesia
                                       
                                       
                                          All other companies
                                       
                                       
                                          C999
                                       
                                       
                                          17,3
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          Shanxi Taigang Stainless Steel Co., Ltd
                                       
                                       
                                          C163
                                       
                                       
                                          19,0
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          Taiyuan Taigang Daming Metal Products
                                       
                                       
                                          C542
                                       
                                       
                                          19,0
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          Tisco Guangdong Stainless Steel Service Center Co., Ltd
                                       
                                       
                                          C543
                                       
                                       
                                          19,0
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          Tianjin TISCO & TPCO Stainless Steel Co. Ltd.
                                       
                                       
                                          C025
                                       
                                       
                                          19,0
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          Fujian Fuxin Special Steel Co., Ltd.
                                       
                                       
                                          C544
                                       
                                       
                                          14,6
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          Zhenshi Group Eastern Special Steel Co., Ltd.
                                       
                                       
                                          C558
                                       
                                       
                                          9,2
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          Xiangshui Defeng Metals Co., Ltd
                                       
                                       
                                          C545
                                       
                                       
                                          17,5
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          Fujian Dingxin Technology Co., Ltd.
                                       
                                       
                                          C546
                                       
                                       
                                          17,5
                                       
                                       
                                          0,0 %
                                       
                                    
                                          The People’s Republic of China
                                       
                                       
                                          All other companies
                                       
                                       
                                          C999
                                       
                                       
                                          19,0
                                       
                                       
                                          0,0 %
                                       
                                    
                                          Taiwan
                                       
                                       
                                          Yieh United Steel Co.
                                       
                                       
                                          C032
                                       
                                       
                                          4,1
                                       
                                       
                                          0,0 %
                                       
                                    
                                          Taiwan
                                       
                                       
                                          Tang Eng Iron Works Co. Ltd.
                                       
                                       
                                          C031
                                       
                                       
                                          4,1
                                       
                                       
                                          0,0 %
                                       
                                    
                                          Taiwan
                                       
                                       
                                          Walsin Lihwa Co.
                                       
                                       
                                          C548
                                       
                                       
                                          7,5
                                       
                                       
                                          0,0 %
                                       
                                    
                                          Taiwan
                                       
                                       
                                          All other companies
                                       
                                       
                                          C999
                                       
                                       
                                          7,5
                                       
                                       
                                          0,0 %
                                       
                                    
                        ’
                  
         
            Article 2
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
            
         
         
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 16 November 2020.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  OJ L 83, 27.3.2015, p. 11.
         
            (2)  Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27).
         
            (3)  Commission Implementing Regulation (EU) 2019/1382 of 2 September 2019 amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures (OJ L 227, 3.9.2019, p. 1).
         
            (4)  Commission Implementing Regulation (EU) 2020/1408 of 6 October 2020 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan (OJ L 325, 7.10.2020, p. 26).