Commission Implementing Regulation (EU) 2022/2247 of 15 November 2022 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of electrolytic chromium coated steel products originating in the People’s Republic of China and Brazil

• CELEX: Implementing Regulation (EU) 2022/2247
• Articles: 5

Article 1

1.   A definitive anti-dumping duty is imposed on imports of flat-rolled products of iron or non-alloy steel, plated or coated with chromium oxides or with chromium and chromium oxides, also designated as electrolytic chromium coated steel products, currently falling under CN codes 7210 50 00 and 7212 50 20 and originating in the People’s Republic of China and Brazil.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below, shall be as follows:

Country

Company

Definitive anti-dumping duty

(EUR/tonne)

TARIC additional code

The People’s Republic of China

Baoshan Iron & Steel Co., Ltd.

239,82

C039

Handan Jintai Packing Material Co., Ltd.

428,37

C862

Other cooperating companies: GDH Zhongyue (Zhongshan) Tinplate Industry Co., Ltd. Shougang Jingtang United Iron & Steel Co., Ltd.

271,01

C137

All other companies

607,98

C999

Brazil

Companhia Siderúrgica Nacional

348,39

C212

All other companies

348,39

C999

3.   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 name and function, drafted as follows: ‘ I, the undersigned, certify that the (volume) of (product concerned) 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.

4.   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) 2015/2447  ( 35 ) 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.

5.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2022/802 imposing a provisional anti-dumping duty on imports of electrolytic chromium coated steel products originating in the People’s Republic of China and Brazil shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.

Article 3

Article 1(2) may be amended to add new exporting producers from the People’s Republic of China 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) during the period of investigation (1 July 2020 to 30 June 2021);

(b)

it is not related to an exporter or producer subject to the measures imposed by this Regulation; and

(c)

it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.

Article 4

1.   Where the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159 becomes applicable to electrolytic chromium coated steel products, referred to in Article 1(1), the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159 shall be collected in addition to the difference between that duty and the higher of the equivalent ad valorem level of the anti-dumping duty set out in Article 1(2).

2.   The part of the amount of anti-dumping duties not collected pursuant to paragraph 1 shall be suspended.

3.   The suspensions referred to in paragraph 2 shall be limited in time to the period of application of the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159.

Article 5

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