Commission Implementing Regulation (EU) 2022/58 of 14 January 2022 imposing a definitive anti-dumping duty on imports of certain grain-oriented flat-rolled products of silicon-electrical steel originating in the People’s Republic of China, Japan, the Republic of Korea, the Russian Federation and the United States of America following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

Type Implementing Regulation
Publication 2022-01-17
Last updated 2022-08-11
State In force
Department European Commission, TRADE
Source EUR-Lex
articles 2
Reform history JSON API

Article 1

1.

A definitive anti-dumping duty is imposed on imports of grain-oriented flat-rolled products of silicon-electrical steel, of a thickness of more than 0,16 mm, currently falling under CN codes ex 7225 11 00 (TARIC Codes 7225110011 , 7225110015 and 7225110019 ) and ex 7226 11 00 (TARIC codes 7226110012 , 7226110014 , 7226110016 , 7226110092 , 7226110094 and 7226110096 ) and originating in the People’s Republic of China, Japan, the Republic of Korea, the Russian Federation and the United States of America.

2.

The amount of the definitive anti-dumping duty applicable to the product described in paragraph 1 and produced by the individually named companies as set out in paragraph 4 shall be the difference between the minimum import prices fixed in paragraph 3 and the net free-at-Union-frontier price, before duty, if the latter is lower than the former. No duty shall be collected where the net free-at-Union-frontier price is equal to or higher than the corresponding minimum import price fixed in paragraph 3. In no event shall the amount of the duty be higher than the ad valorem duty rates set in paragraph 4.

3.

For the purpose of paragraph 2, the minimum import price set out in the table below shall apply. Where it is found, following post-importation verification, that the net free-at-Union-frontier price actually paid by the first independent customer in the Union (post-importation price) is below the net free-at-Union-frontier price, before duty, as resulting from the customs declaration, and the post-importation price is lower than the minimum import price, an amount of duty equivalent to the difference between the minimum import price set out in the table below and the post-importation price shall apply, unless the application of the ad valorem duty set out in paragraph 4 plus the post-importation price lead to an amount (price actually paid plus ad valorem duty) which remains below the minimum import price set out in the table below.

Countries concerned Product range Minimum Import Price (EUR/tonne net product weight)
People’s Republic of China, Japan, United States of America, Russian Federation, Republic of Korea Products with a maximum core loss not higher than 0,9 W/kg 2 043
Products with a maximum core loss higher than 0,9 W/kg but not higher than 1,05 W/kg 1 873
Products with a maximum core loss higher than 1,05 W/kg 1 536
4.

For the purpose of paragraph 2, the ad valorem duty rates set out in the table below shall apply.

Company Ad Valorem Duty TARIC additional code
Baoshan Iron Steel Co., Ltd, Shanghai; PRC 21,5  % C039
Wuhan Iron Steel Co., Ltd, Wuhan, PRC 36,6  % C056
JFE Steel Corporation, Tokyo, Japan 39,0  % C040
Nippon Steel Sumitomo Metal Corporation, Tokyo, Japan 35,9  % C041
POSCO, Seoul, Republic of Korea 22,5  % C042
OJSC Novolipetsk Steel, Lipetsk; VIZ Steel, Ekaterinburg, Russian Federation 21,6  % C043
Cleveland-Cliffs Steel Corporation, Ohio, United States of America 22,0  % C044
5.

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 4 shall be the ad valorem duty as set out in the table below.

Company Ad Valorem Duty TARIC additional code
All other Chinese companies 36,6  % C999
All other Japanese companies 39,0  % C999
All other Korean companies 22,5  % C999
All other Russian companies 21,6  % C999
All other American companies 22,0  % C999
6.

The application of the measures for the companies mentioned in paragraph 4 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice and a mill certificate, which shall to conform to the requirements as set out in respectively Annexes I and II. If neither the mill certificate nor the invoice is presented, the duty applicable to all other companies shall apply. This mill certificate shall list the actual maximum core loss for each coil in Watts per kilogram at a frequency of 50 Hz and a magnetic induction of 1,7 Tesla.

7.

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) 2015/2447 ([^E0001]), the minimum import price 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 minimum import price and the reduced net, free-at-Union-frontier price, before customs clearance.

8.

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 the anti-dumping duty, calculated on the basis of paragraph 2 above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

9.

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

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.

ANNEX I

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(6):

ANNEX II

A declaration signed by an official of the entity issuing the mill certificate, in the following format, must appear on the valid mill certificate referred to in Article 1(6):

[^E0001]: Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

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