Notice concerning the potential combined effects of anti-dumping or anti-subsidy measures with the safeguard measures on certain steel products

(2019/C 146/06)

By Regulation (EU) 2019/159 (1), the Commission imposed safeguard measures with respect to certain steel products for a period of three years. The safeguard measures take the form of tariff-rate quotas applicable for specified periods, in excess of which a safeguard duty of 25 % must be paid.

Anti-dumping or anti-subsidy measures are currently also in place for some of these steel product categories. The list of all the regulations imposing those measures currently in force is enclosed in the Annex to this Notice. Consequently, for these product categories, once the tariff-rate quotas established under the safeguard measures are exhausted, both the safeguard duty and the anti-dumping or countervailing duty would become payable on the same imports.

The Commission already noted in Regulation (EU) 2019/159 (recital (186)) that a cumulation of anti-dumping/anti-subsidy measures with safeguards may lead to a greater effect than desirable, and that this issue would be examined in due course. In particular, the Commission considered that, in order to avoid the imposition of ‘double remedies’ whenever the tariff-rate quota is exhausted, the Commission may consider necessary to suspend or reduce the level of the existing anti-dumping and countervailing duties to ensure that the combined effect of these measures does not exceed the highest level of the safeguard or anti-dumping/countervailing duties in place.

1.   Combined effect of anti-dumping or countervailing and safeguard duties

Regulation (EU) 2015/477 (2) acknowledges that the combination of anti-dumping or anti-subsidy measures and safeguard measures on the same product could have an effect greater than that intended in terms of the Union’s trade defence policy and objectives, and could place an undesirably onerous burden on certain exporting producers seeking to export to the Union. As a result, specific provisions were introduced in order to enable the Commission, where appropriate, to take action to ensure that a combination of anti-dumping or anti-subsidy measures with safeguard measures on the same product does not have such an effect.

As concerns the measures imposed by Regulation (EU) 2019/159, whilst there is some uncertainty as to if and when the respective tariff-rate quotas would be exhausted, it is possible that imports of those steel product categories which are subject to anti-dumping or anti-subsidy measures would also become subject to the payment of a safeguard duty.

The Commission considers that there are grounds to conclude that the combination of these measures could indeed have an effect greater than that intended or desirable in terms of the Union’s trade defence policy and objectives, as laid down in Regulation (EU) 2015/477. The Commission, therefore, considers that it may be appropriate to amend the existing anti-dumping and anti-subsidy measures mentioned in the Annex during the relevant period where anti-dumping/anti-subsidy measures and safeguard duties may apply.

In order to ensure legal certainty for the economic operators concerned, the Commission considers it necessary to specify, for these cases, the anti-dumping or the countervailing duty that should apply in the event that the safeguard tariff-rate quotas are exhausted.

In particular, in cases where both an anti-dumping or a countervailing duty and a safeguard duty would normally be payable and where the anti-dumping or countervailing duty is less than, or equal to, the amount of the safeguard duty, the Commission considers appropriate that no anti-dumping or countervailing duty should be payable during the relevant period. Where the anti-dumping or countervailing duty is greater than the amount of the safeguard duty, the Commission considers appropriate that only that part of the anti-dumping or countervailing duty which is in excess of the amount of the safeguard duty should be payable during the relevant period.

2.   Procedure

2.1.   Written submissions

All interested parties including exporting producers, importers and users of the products concerned and their associations are invited to make known their views in writing on the above considerations, in a free format and by email, within 14 days of the date of publication of this Notice in the Official Journal of the European Union.

By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade:

http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf

Interested parties must indicate their name, address, telephone, and a valid email address and should ensure that the provided email address is a functioning official business address which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

2.2.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (3).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade’s website: http://trade.ec.europa.eu/doclib/html/157639.htm

(1)  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).

(2)  Regulation (EU) 2015/477 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 (OJ L 83, 27.3.2015, p. 11).

(3)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).