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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Unionnote (‘the basic regulation’), and in particular Article 11(2) thereof,Having regard to Regulation (EU) 2015/477 of the European Parliament and of the Council of 11 March 2015 on measures that the European Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measuresnote, and in particular Article 1 thereof,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.A definitive anti-dumping duty is imposed on imports of certain flat-rolled products of iron, non-alloy steel or other alloy steel, whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-rolled, not clad, plated or coated, currently falling under CN codes 72081000, 72082500, 72082600, 72082700, 72083600, 72083700, 72083800, 72083900, 72084000, 72085210, 72085299, 72085310, 72085390, 72085400, 72111300, 72111400, 72111900, ex72251910 (TARIC code 7225191090), 72253090, ex72254060 (TARIC code 7225406090), 72254090, ex72261910 (TARIC codes 7226191091, 7226191095), 72269191 and 72269199 and originating in the Federative Republic of Brazil, the Islamic Republic of Iran and the Russian Federation.The following products are not covered by this review:
(i)products of stainless steel and grain-oriented silicon electrical steel;
(ii)products of tool steel and high-speed steel;
(iii)products, not in coils, without patterns in relief, of a thickness exceeding 10 mm and of a width of 600 mm or more; and
(iv)products, not in coils, without patterns in relief, of a thickness of 4,75 mm or more but not exceeding 10 mm and of a width of 2050 mm or more.
2.The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:Country | Company | Definitive duty rate – euro per tonne net | TARIC additional codeBrazil | ArcelorMittal Brasil S.A. | 54,5 | C210| Aperam Inox América do Sul S.A. | 54,5 | C211| Companhia Siderúrgica Nacional | 53,4 | C212| Usinas Siderúrgicas de Minas Gerais S.A. (USIMINAS) | 63,0 | C213| Gerdau Açominas S.A. | 55,8 | C214Iran | Mobarakeh Steel Company | 57,5 | C215Russia | Novolipetsk Steel | 53,3 | C216| Public Joint Stock Company Magnitogorsk Iron Steel Works (PJSC MMK) | 96,5 | C217| PAO Severstal | 17,6 | C218
3.The rate of the definitive anti-dumping duty applicable to the product described in paragraph 1 and produced by any other company not specifically mentioned in paragraph 2 shall be the fixed duty as set out in the table belowCompany | Definitive duty rate – euro per tonne net | TARIC additional codeAll other Brazilian companies | 63,0 | C999All other Iranian companies | 57,5 | C999All other Russian companies | 96,5 | C999
4.The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product under review) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.
5.Article 1(2) may be amended to add new exporting producers from the Federative Republic of Brazil and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
(a)it did not export the goods described in Article 1(1) originating in the Federative Republic of Brazil during the period between 1 July 2015 to 30 June 2016 (‘original investigation period’);
(b)it is not related to any exporting producer subject to the anti-dumping duties imposed by this Regulation; and
(c)it has either actually exported the product under review originating in the Federative Republic of Brazil or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.
6.For the individually named producers and in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Commission Implementing Regulation (EU) 2015/2447note, the definitive duty rate set out above shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. The duty payable will then be equal to the difference between the reduced definitive duty rate and the reduced net, free-at-Union-frontier price, before customs clearance.
7.For all other companies and in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Implementing Regulation (EU) 2015/2447 the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
8.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2#
Where the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 becomes applicable to flat-rolled products of iron, non-alloy steel or other alloy steel, whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-rolled, not clad, plated or coated and exceeds the equivalent ad valorem level of the anti-dumping duty set out in Article 1(2), only the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 shall be collected.During the period of application of paragraph 1, the collection of the duties imposed pursuant to this Regulation shall be suspended.Where the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 becomes applicable to flat-rolled products of iron, non-alloy steel or other alloy steel, whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-rolled, not clad, plated or coated and is set at an equivalent ad valorem level lower than the anti-dumping duty set out in Article 1(2), the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 shall be collected in addition to the difference between that duty and the higher anti-dumping duty set out in Article 1(2).The part of the amount of anti-dumping duty not collected pursuant to paragraph 3 shall be suspended.The suspensions referred to in paragraphs 2 and 4 shall be limited in time to the period of application of the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159.
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