COMMISSION IMPLEMENTING REGULATION (EU) 2021/1754

of 4 October 2021

amending Implementing Regulation (EU) 2019/1382 amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to a safeguard measure

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 Commission Implementing Regulation (EU) 2019/159 (2), the Commission imposed a safeguard measure 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. By Commission Implementing Regulation (EU) 2021/1029 (3), the Commission extended the application of the safeguard for three years, until 30 June 2024.

(2)	By Commission Implementing Regulation (EU) 2019/1382 (4), 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 Implementing Regulation (EU) 2019/1382 listed all anti-dumping and anti-subsidy measures on products also subject to the safeguard measure 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 July 2021, by Commission Implementing Regulation (EU) 2021/1100 (5), the Commission imposed a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey.

(5)	The mechanism preventing the concurrent application of measures should apply to these products since they are also subject to the safeguard measure. The annex to Implementing Regulation (EU) 2019/1382 should therefore be amended in order to include Implementing Regulation (EU) 2021/1100.

(6)

In order to ensure transparency for the economic operators, in the future, each Regulation imposing anti-dumping and/or anti-subsidy concerning steel products also subject to the safeguard measure will include specific provisions preventing their concurrent application with the above-quota safeguard tariff duty.

(7)	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:

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:

‘20.	COMMISSION IMPLEMENTING REGULATION (EU) 2021/1100 of 5 July 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey, OJ L 238, 6.7.2021, p. 32.’

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 2.19 is added:

‘ANNEX 2.19

Commission Implementing Regulation (EU) 2021/1100 of 5 July 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey, (OJ L 238, 6.7.2021, p. 32).

Country	Company	TARIC additional code	Original definitive anti-dumping duty	Anti-dumping duty once safeguard measure is due
Turkey	Çolakoğlu Metalurji A.Ş.	C602	7,3 %	0,0 %
Turkey	Erdemir group: – Ereğli Demir ve Çelik Fabrikalari T.A.S. – İskenderun Demir ve Çelik A.Ş.	C603	5,0 %	0,0 %
Turkey	Habaş Sinai ve Tibbi Gazlar İstihsal Endüstrisi A.Ş	C604	4,7 %	0,0 %
Turkey	Ağir Haddecilik A.Ş.	C605	5,7 %	0,0 %
Turkey	Borçelik Çelik Sanayii Ticaret A.Ş.	C606	5,7 %	0,0 %
Turkey	All other companies	C999	7,3 %	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, 4 October 2021.

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) 2021/1029 of 24 June 2021 amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports of certain steel products (OJ L 225I, 25.6.2021, p. 1).

(4) 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).

(5) Commission Implementing Regulation (EU) 2021/1100 of 5 July 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey (OJ L 238, 6.7.2021, p. 32).