Commission Implementing Regulation (EU) 2024/1267 of 6 May 2024 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) 2021/2012 on imports of stainless steel cold-rolled flat products originating in Indonesia to imports of stainless steel cold-rolled flat products consigned from Taiwan and Vietnam, whether declared as originating in Taiwan and Vietnam or not, and terminating the investigation concerning the possible circumvention of anti-dumping measures imposed by that Regulation by imports of stainless steel cold-rolled flat products consigned from Türkiye, whether declared as originating in Türkiye or not
1. The definitive anti-dumping duty imposed by Implementing Regulation (EU) 2021/2012 on imports of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced) originating in Indonesia, as amended by Implementing Regulation (EU) 2022/433 imposing definitive countervailing duties on imports of stainless steel cold-rolled flat products originating in India and Indonesia and amending Implementing Regulation (EU) 2021/2012 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of stainless steel cold-rolled flat products originating in India and Indonesia, is hereby extended to imports of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), currently falling under CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7219 90 20, 7219 90 80, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81, 7220 20 89, 7220 90 20 and 7220 90 80, consigned from Taiwan and Vietnam, whether declared as originating in Taiwan and Vietnam or not, (TARIC codes 7219310010, 7219321010, 7219329010, 7219331010, 7219339010, 7219341010, 7219349010, 7219351010, 7219359010, 7219902010, 7219908010, 7220202110, 7220202910, 7220204110, 7220204910, 7220208110, 7220208910, 7220902010 and 7220908010), with the exemption of those produced by the companies listed below:
Country
Company
TARIC additional code
Taiwan
Chia Far Industrial Factory Co., Ltd
Tang Eng Iron Works Co., Ltd
Tung Mung Development Co., Ltd
Walsin Lihwa Corporation
Yieh United Steel Corporation
Yuan Long Stainless Steel Corp.
89AH
Vietnam
Posco VST Co., Ltd
Lam Khang Joint Stock Company
89AJ
89AI
2. The extended duty is the anti-dumping duty of 19,3 % applicable to ‘all other Indonesian companies’.
3. The duty extended by paragraphs 1 and 2 of this Article shall be collected on imports consigned from Taiwan and Vietnam, whether declared as originating in Taiwan and Vietnam or not, registered in accordance with Article 2 of Implementing Regulation (EU) 2023/1632 and Articles 13(3) and 14(5) of Regulation (EU) 2016/1036, with the exception of those produced by the companies listed in paragraph 1.
4. The application of exemptions granted to the companies specifically mentioned in paragraph 1 shall be conditional upon presentation of the following documents to the customs authorities of the Member States:
(a)
If the importer buys directly from the Taiwanese or Vietnamese exporting producer, a commercial invoice bearing a declaration of the exporting producer and a mill certificate from that exporting producer as specified in Annex 1 (‘manufacturer declaration for direct export sale’). The mill certificate must be from one of the companies listed in paragraph 1;
(b)
If the importer buys from a trader or other intermediate legal person, whether located in Taiwan and Vietnam or not, a commercial invoice from the manufacturer to the trader or other intermediate legal person bearing a declaration of the manufacturer and a mill certificate from that manufacturer as specified in Annex 2 (‘manufacturer declaration for indirect export sale’) and a commercial invoice from the trader or other intermediate legal person to the importer. The mill certificate must be from one of the companies listed in paragraph 1.
If neither the mill certificate nor the invoice are presented, the duty applicable to ‘all other companies’ shall apply.
5. For monitoring purposes, importers are requested to declare in the documents mentioned in Article 1(4), whether Indonesia is the country where the stainless steel inputs used for the processing of the product in Taiwan or Vietnam was originally melted and poured. Customs authorities shall record such transactions as provided by the importers as ‘originally melted and poured in Indonesia’ or ‘not originally melted and poured in Indonesia’.
6. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Customs authorities are hereby directed to cease the registration of imports established in accordance with Article 2 of Implementing Regulation (EU) 2023/1632.
1. Where the anti-dumping duty referred to in Article 1(2) of Implementing Regulation (EU) 2021/1483 is applicable and is set at a level lower than the anti-dumping duty set out in Article 1(2), the anti-dumping duty referred to in Article 1(2) of Implementing Regulation (EU) 2021/1483 shall be collected in addition to the difference between that duty and the higher anti-dumping duty set out in Article 1(2).
2. The part of the amount of anti-dumping duty not collected pursuant to paragraph 1 shall be suspended.
3. The suspension referred to in paragraph 2 shall be limited in time to the period of application of the anti-dumping duty referred to in Article 2(1) of Implementing Regulation (EU) 2021/1483.
1. Where the above-quota tariff duty referred to in Article 1(6) of Commission Implementing Regulation (EU) 2019/159 ( 40 ) becomes applicable to flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), and exceeds the 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.
2. During the period of application of paragraph 1, the collection of the duties imposed pursuant to this Regulation shall be suspended.
3. The suspension 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 Implementing Regulation (EU) 2019/159.
The exemption request submitted by Yongjin Metal Technology (Vietnam) Company Limited is rejected.
The investigation concerning possible circumvention of anti-dumping measures imposed by Implementing Regulation (EU) 2021/2012, by imports of stainless steel cold-rolled flat products consigned from Türkiye, whether declared as originating in Türkiye or not, is hereby terminated.
1. Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:
European Commission
Directorate-General for Trade
Directorate G Office:
CHAR 04/39
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
2. In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Implementing Regulation (EU) 2021/2012, from the duty extended by Article 1.
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
Supplementary provisions
Manufacturer declaration for direct export sale
ANNEX 1Supplementary provisions
ANNEX 1
Manufacturer declaration for direct export sale
1.
A declaration signed by an official of the manufacturer issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(4)(a):
(a)
the name and function of the official of the manufacturer;
(b)
the following declaration: ‘ I, the undersigned, certify that the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (Taiwan or Vietnam). I declare that the information provided in this invoice is complete and correct .’;
(c)
date and signature.
2.
The commercial invoice must be accompanied by a mill certificate including a declaration signed by an official of the entity issuing the mill certificate, in the following format, appearing on the valid mill certificate referred to in Article 1(4)(a):
(a)
the name and function of the official of the entity issuing the mill certificate;
(b)
the following declaration:
‘
I, the undersigned, certify that:
(i)
the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by the mill certificate, was manufactured by (company name and address) (TARIC additional code) in (Taiwan or Vietnam). I declare that the information provided in this mill certificate is complete and correct .
(ii)
The stainless steel inputs used for the production of the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by the mill certificate was originally melted and poured in Indonesia: YES/NO (please indicate the correct reply).’;
(c)
date and signature.
Manufacturer declaration for indirect export sale
ANNEX 2Supplementary provisions
ANNEX 2
Manufacturer declaration for indirect export sale
1.
A declaration of the Taiwanese or Vietnamese manufacturer, signed by an official of the manufacturer issuing the invoice for this transaction to the trader or other intermediate legal person, in the following format, must appear on the commercial invoice of the manufacturer to the other intermediate legal person or trader referred to in Article 1(4)(b):
(a)
the name and function of the official of the manufacturer;
(b)
the following declaration: ‘ I, the undersigned, certify that the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced) sold to the trader/other intermediate legal person (name of the trader/other intermediate legal person) (country of the trader/other intermediate legal person), covered by this invoice, was manufactured by our company (company name and address) (TARIC additional code) in (Taiwan or Vietnam). I declare that the information provided in this invoice is complete and correct .’;
(c)
date and signature.
2.
The commercial invoice must be accompanied by a mill certificate including a declaration signed by an official of the entity issuing the mill certificate, in the following format, appearing on the valid mill certificate referred to in Article 1(4)(b):
(a)
the name and function of the official of the entity issuing the mill certificate;
(b)
the following declaration:
‘
I, the undersigned, certify that:
(i)
the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by the mill certificate, was manufactured by (company name and address) (TARIC additional code) in (Taiwan or Vietnam). I declare that the information provided in this mill certificate is complete and correct .
(ii)
The stainless steel inputs used for the production of the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by the mill certificate was originally melted and poured in Indonesia: YES/NO (please indicate the correct reply).’;
(c)
date and signature.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
