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Commission Implementing Regulation (EU) 2026/1794 of 27 July 2026 imposing a definitive anti-dumping duty on imports of ferro-silicon originating in the Russian Federation and the People’s Republic of China 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 2026-07-28
State In force
Text As published
Department European Commission, TRADE
Source EUR-Lex
articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API
2021 2022 2023 RIP
Closing stocks (tonnes) [2 100 -2 400 ] [5 400 -5 800 ] [12 200 -12 500 ] [4 000 -4 300 ]
Index (2021 = 100) 100 245 539 180
Closing stocks as a percentage of production (%) 2,2 6,9 17,7 4,1
Index (2021 = 100) 100 312 805 185
Source: Sampled Union producers. Source: Sampled Union producers. Source: Sampled Union producers. Source: Sampled Union producers. Source: Sampled Union producers.
  • (144) The volume of ferro-silicon stock present in the inventories of the Union industry increased by 85 % during the period considered, with a peak in 2023 marking an increase of volume more than five times higher than the beginning of the period considered. The significant increase in stock levels in 2023 was explained by the Union industry as a frontloading of incoming orders from unrelated customers during periods when the energy costs were more advantageous.
4.5.3.4.   Profitability, cash flow, investments, return on investments and ability to raise capital
  • (145) Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:

Table 12

Profitability, cash flow, investments and return on investments
2021 2022 2023 RIP
Profitability of sales in the Union to unrelated customers (% of sales turnover) [22 –27 ] [30 –33 ] [19 –22 ] [-32 – -29 ]
Index (2021 = 100) 100 123 79 - 117
Cash flow (EUR 000) [21 000 –23 500 ] [20 500 –23 000 ] [30 500 –33 000 ] [-35 000 – -32 500 ]
Index (2021 = 100) 100 94 140 - 154
Investments (EUR 000) [7 500 –9 000 ] [15 000 –16 500 ] [20 500 –22 000 ] [6 500 –8 000 ]
Index (2021 = 100) 100 181 293 81
Return on investments [59 – 63 ] [81 – 85 ] [36 – 40 ] [-67 – -63 ]
Index (2021 = 100) 100 134 61 - 106
Source: Sampled Union producers. Source: Sampled Union producers. Source: Sampled Union producers. Source: Sampled Union producers. Source: Sampled Union producers.
  • (146) The Commission established the profitability of the sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. Profitability had a positive trend until 2023, then decreased sharply in the review investigation period due to combined effect of decreasing average sale price and increasing unit cost of production.
  • (147) The net cash flow is the ability of the Union producers to self-finance their activities. The trend in net cash flow increased in 2023, and in the review investigation period it dropped dramatically by 254 % from the beginning of the period considered, following the trend of the Union industry’s profitability.
  • (148) The investments by the Union industry during the period considered were aimed mainly at the maintenance of the production facilities of ferro-silicon. They went up in 2022 and 2023 but then dropped sharply in the review investigation period to arrive at a level 19 % below 2021.
  • (149) The return on investments is the profit in percentage of the net book value of investments. It developed negatively in the review investigation period, decreasing by 206 %, as a consequence of the loss-making situation of the Union industry in the same period.

4.6.   Conclusion on injury

  • (150) In spite of the anti-dumping measures in place, the Union industry was not in a healthy situation in the review investigation period. The Union industry’s market share went down by 8 % and it amounted to no more than 26,9 % in the review investigation period (compared to 29,1 % at the beginning of the period considered. During the period considered, both production (-29 %) and sales volumes (-25 %) of the Union industry decreased. Concurrently, the Union industry’s cost of production increased by 34 %-40 %, whereas its sales prices on the Union market decreased by 18 %-24 %. As a consequence, whereas the Union industry made a healthy profit between 22 %-27 % in 2021, it recorded a loss between 27 %-33 % in the review investigation period.
  • (151) The Commission concluded that the Union industry suffered material injury within the meaning of Article 3(5) of the basic Regulation during the review investigation period.

5. CAUSATION

  • (152) During the period considered, the Union industry suffered material injury. However, imports of ferro-silicon from China and Russia during the period considered did not have any material impact on the Union industry’s situation. Due to the measures in force, their market share was minimal throughout the whole period.
  • (153) The decrease in Union consumption by 19 % over the period considered was one of the main causes of injury. That drop in demand by the EU iron and steel industry (with the automotive sector being the main driver) dragged down the productivity and profitability of the Union industry. The double digit loss that the Union industry incurred in the review investigation period was due to an important decrease of sales price, pushed by significant competition in the EU market in which the Union industry is only one of many players. The fierce competition on the EU market was intensified by the reduction in consumption and increase of global overcapacity, and in addition the Union industry was confronted with a very strong increase of the unit cost of production, linked to soaring energy and labour costs.
  • (154) After final disclosure the GOR concurred with the conclusion that the above factors caused injury and it pointed, in addition, to the high energy prices for the Union industry in 2022 and to what it called ‘the EU stringent environmental regulatory framework’. The Commission took note of the GOR’s submission but observed that the claim with regard to the Union industry’s environmental compliance costs was unsubstantiated.
  • (155) On that basis, the Commission concluded that Chinese and Russian imports are not responsible for the material injury to the Union industry, but that other factors, in particular those mentioned in recital (153), caused that injury.
  • (156) Therefore, the Commission decided to further assess, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury originally caused by the dumped imports from the PRC and Russia if the measures against such imports were allowed to lapse.

6. LIKELIHOOD OF RECURRENCE OF INJURY

  • (157) In the absence of cooperation from any party in the PRC and Russia, the Commission relied on the information available on file in order to analyse the likelihood of recurrence of injury originally caused by the dumped imports from the PRC and Russia. In this respect the following elements were analysed by the Commission with regard to the countries concerned: the production capacity and spare capacity, the attractiveness of the Union market and the impact of increased volumes of Chinese and Russian imports on the Union industry.

6.1.   Production capacity and spare capacity

  • (158) As concluded in recitals (88) and (103), the Commission established that China and Russia have significant overcapacity of ferro-silicon production which can cover several times the Union consumption. That spare capacity could be used for export to the Union if measures were allowed to lapse.

6.2.   Attractiveness of the Union market

  • (159) As reported in recitals (89) and (105), the average sale prices in the Union of the Union industry in the review investigation period well above the average sales prices of the Chinese and Russian exporting producers on their five main export destination markets. Moreover, the large size of the Union market – the second largest market worldwide – makes the Union market even more attractive. A redirection of exports to the Union is therefore likely if no measures would be in place.

6.3.   Impact of increased volumes of Chinese and Russian imports on the Union industry

  • (160) Should measures be allowed to lapse, the Union industry will be confronted with an important increase of Chinese and Russian imports of ferro-silicon. Therefore, the likely arrival into the Union of high volumes of imports from the countries concerned, at much lower prices, would force the Union industry to further reduce its production volumes. As it was already heavily loss-making in the review investigation period, the inability of the Union industry to compete with such influx of low-priced, dumped imports would jeopardize its continued existence.

6.4.   Conclusion

  • (161) In view of the above, the Commission concluded that the repeal of the measures would in all likelihood result in a significant increase of dumped imports from China and Russia at injurious price levels, therefore further aggravating the injury suffered by the Union industry.

7. UNION INTEREST

  • (162) In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures would be against the interest of the Union as whole. The determination of the Union interest was based on an appreciation of all the various interests involved.

7.1.   Interest of the Union industry

  • (163) The investigation found that the Union industry suffered injury during the review investigation period. The Union industry is in a dire situation, being confronted with weak demand, high costs and low prices. Should measure lapse, the expected influx of low-priced imports from the countries concerned would further aggravate the injury it currently suffers. Therefore, it is clearly in the interest of the Union industry to maintain the anti-dumping measures.

7.2.   Interest of unrelated importers

  • (164) All known importers were informed about the initiation of the expiry review. No importer came forward.
  • (165) In the current investigation there is no evidence on file suggesting that the measures in force affected importers in any negative way.
  • (166) Therefore, it was concluded that it would not be disproportionate to importers to maintain the measures.

7.3.   Interest of users

  • (167) In the previous expiry review investigation, it was concluded that users would not be disproportionally affected, even if measures were to be extended. No user came forward in the context of this investigation.
  • (168) In the current investigation there is no evidence on file suggesting that the measures in force affected users in any negative way.
  • (169) Accordingly, the Commission concluded that the measures currently in force had no substantial negative effect on the financial situation of users and that the continuation of the measures would not unduly affect them.

7.4.   Conclusion on Union interest

  • (170) In light of the above, the Commission concluded that there were no compelling reasons of the Union interest against the maintenance of the existing measures on imports of ferro-silicon originating in China and Russia.

8. ANTI-DUMPING MEASURES

  • (171) On the basis of the conclusions reached by the Commission on the likelihood of recurrence of dumping, recurrence of injury and Union interest, the anti-dumping measures on imports of ferro-silicon from China and Russia should be maintained.
  • (172) To minimise the risks of circumvention due to the difference in duty rates, special measures are needed to ensure the application of the individual anti-dumping duties. The application of individual anti-dumping duties is only applicable upon presentation of a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1(3) of this Regulation. Imports not accompanied by that invoice should be subject to the anti-dumping duty applicable to ‘all other companies’ in China or ‘all other companies’ in Russia.
  • (173) While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of anti-dumping duty to imports, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(3) of this Regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other cases, require additional documents (shipping documents etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is justified, in compliance with customs law.
  • (174) Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances and provided the conditions are met an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rate(s) and the consequent imposition of a country-wide duty.
  • (175) The individual company anti-dumping duty rates specified in this Regulation are exclusively applicable to imports of the product under review originating in China and Russia and produced by the named legal entities. Imports of the product under review produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to ‘all other companies’ respectively for imports originating in China and Russia. They should not be subject to any of the individual anti-dumping duty rates.
  • (176) A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission [^ntr41-L_202601794EN.000101-E0041]. The request must contain all the relevant information enabling to demonstrate that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a regulation about the change of name will be published in the Official Journal of the European Union. In view of Article 109 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council [^ntr42-L_202601794EN.000101-E0042] when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.
  • (177) An exporter or producer that did not export the product concerned to the Union during the period that was used to set the level of the duty currently applicable to its exports may request the Commission to be made subject to the anti-dumping duty rate for cooperating companies not included in the sample. The Commission should grant such request, provided that three conditions are met. The new exporting producer would have to demonstrate that: (i) it did not export the product concerned to the Union during the period that was used to set the level of the duty applicable to its exports; (ii) it is not related to a company that did so and thus is subject to the anti-dumping duties; and (iii) has exported the product concerned thereafter or has entered into an irrevocable contractual obligation to do so in substantial quantities.
  • (178) In view of Article 109 of Regulation (EU, Euratom) 2024/2509 when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.
  • (179) The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

1.

A definitive anti-dumping duty is imposed on imports of ferro-silicon, currently falling under CN codes 7202 21 00 , 7202 29 10 , 7202 29 90 , originating in the People’s Republic of China and the Russian Federation.

2.

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

Country of origin Company Definitive duty (%) TARIC additional code
The People’s Republic of China Erdos Xijin Kuangye Co. Ltd, Qipanjing Industry Park 15,6 A829
The People’s Republic of China Lanzhou Good Land Ferroalloy Factory Co., Ltd, Xicha Villa 29,0 A830
The People’s Republic of China All other companies 31,2 A999
Russian Federation Bratsk Ferroalloy Plant, Bratsk 17,8 A835
Russian Federation All other companies 22,7 A999
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 his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product under review) 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.

Article 1(2) may be amended in order to include a new exporting producer and to attribute to that producer the appropriate weighted average anti-dumping duty rate applicable to the cooperating companies not included in the sample of the original investigation, where a new exporting producer in PRC or Russia provides sufficient evidence to the Commission that:

  • (a) it did not export to the Union the product described in Article 1(1) in the period between 1 October 2005 and 30 September 2006 (original investigation period);
  • (b) it is not related to any exporter or producer in PRC or Russia which is subject to the anti-dumping measures imposed by this Regulation; and
  • (c) it has either actually exported to the Union the product under review or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.
5.

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.

Done at Brussels, 27 July 2026.

For the Commission

The President

Ursula VON DER LEYEN

[^ntr1-L_202601794EN.000101-E0001]: OJ L 176, 30.6.2016, p. 21, ELI: http://data.europa.eu/eli/reg/2016/1036/oj.

[^ntr2-L_202601794EN.000101-E0002]: Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ L 55, 28.2.2008, p. 6, ELI: http://data.europa.eu/eli/reg/2008/172/oj).

[^ntr3-L_202601794EN.000101-E0003]: Council Implementing Regulation (EU) No 60/2012 of 16 January 2012 terminating the partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 of the anti-dumping measures applicable to imports of ferro-silicon originating, inter alia, in Russia (OJ L 22, 25.1.2012, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2012/60/oj).

[^ntr4-L_202601794EN.000101-E0004]: Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51, ELI: http://data.europa.eu/eli/reg/2009/1225/oj).

[^ntr5-L_202601794EN.000101-E0005]: Commission Implementing Regulation (EU) No 360/2014 of 9 April 2014 imposing a definitive anti-dumping duty on imports of ferro-silicon originating in the People's Republic of China and Russia, following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 107, 10.4.2014, p. 13, ELI: http://data.europa.eu/eli/reg_impl/2014/360/oj).

[^ntr6-L_202601794EN.000101-E0006]: Commission Implementing Regulation (EU) 2020/909 of 30 June 2020 imposing a definitive anti-dumping duty on imports of ferro-silicon originating in Russia and the People’s Republic of China, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (OJ L 208, 1.7.2020, p. 2, ELI: http://data.europa.eu/eli/reg_impl/2020/909/oj).

[^ntr7-L_202601794EN.000101-E0007]: Notice of the impending expiry of certain anti-dumping measures (OJ C, C/2024/6156, 16.10.2024, ELI: http://data.europa.eu/eli/C/2024/6156/oj).

[^ntr8-L_202601794EN.000101-E0008]: Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ferro-silicon originating in the Russian Federation and the People's Republic of China (OJ C, C/2025/3570, 30.6.2025, ELI: http://data.europa.eu/eli/C/2025/3570/oj).

[^ntr10-L_202601794EN.000101-E0010]: Metal Expert LLC: https://metalexpert.com/en/index.html.

[^ntr11-L_202601794EN.000101-E0011]: AlloyMetrics report, Annex 2.10 of the review request.

[^ntr12-L_202601794EN.000101-E0012]: Instituto Brasileiro de Geografia e Estatística.

[^ntr13-L_202601794EN.000101-E0013]: Serviço Geológico do Brasil – Ministério de Minas e Energia of Brazil.

[^ntr14-L_202601794EN.000101-E0014]: Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations, 10 April 2024, SWD(2024) 91 final.

[^ntr15-L_202601794EN.000101-E0015]: Council Regulation (EC) No 172/2008 (OJ L 55, 28.2.2008, p. 6, ELI: http://data.europa.eu/eli/reg/2008/172/oj); Commission Implementing Regulation (EU) No 360/2014 (OJ L 107, 10.4.2014, p. 13, ELI: http://data.europa.eu/eli/reg_impl/2014/360/oj); Commission Implementing Regulation (EU) 2020/909 (OJ L 208, 1.7.2020, p. 2, ELI: http://data.europa.eu/eli/reg_impl/2020/909/oj).

[^ntr16-L_202601794EN.000101-E0016]: Ibid, recital 114.

[^ntr17-L_202601794EN.000101-E0017]: Ibid, recitals 61-65.

[^ntr18-L_202601794EN.000101-E0018]: Ibid, recitals 66-69.

[^ntr19-L_202601794EN.000101-E0019]: Ibid, recitals 70-80.

[^ntr20-L_202601794EN.000101-E0020]: Ibid, recitals 81-86.

[^ntr21-L_202601794EN.000101-E0021]: Ibid, recitals 87-90.

[^ntr22-L_202601794EN.000101-E0022]: Ibid, recitals 91-110.

[^ntr23-L_202601794EN.000101-E0023]: Commission Implementing Regulation (EU) 2020/909 of 30 June 2020 (OJ L 208, 1.7.2020, p. 2, ELI: http://data.europa.eu/eli/reg_impl/2020/909/oj).

[^ntr24-L_202601794EN.000101-E0024]: See footnote 14.

[^ntr25-L_202601794EN.000101-E0025]: World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income.

[^ntr26-L_202601794EN.000101-E0026]: If there is no production of the product under review in any country with a similar level of development, production of a product in the same general category and/or sector of the product under review may be considered.

[^ntr27-L_202601794EN.000101-E0027]: Instituto Brasileiro de Geografia e Estatística.

[^ntr28-L_202601794EN.000101-E0028]: Ministry of Mines and Energy (www.gov.br).

[^ntr30-L_202601794EN.000101-E0030]: Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33, ELI: http://data.europa.eu/eli/reg/2015/755/oj). Article 2(7) of the basic Regulation considers that domestic prices in those countries cannot be used for the purpose of determining normal value.

[^ntr31-L_202601794EN.000101-E0031]: Instituto Brasileiro de Geografia e Estatística – IBGE.

[^ntr32-L_202601794EN.000101-E0032]: Ministry of Mines and Energy (www.gov.br).

[^ntr33-L_202601794EN.000101-E0033]: The main importers of ferro-silicon from China were: Japan, South Korea, Indonesia, Mexico and Thailand.

[^ntr34-L_202601794EN.000101-E0034]: Source: AlloyMetrics Market report, Annex 2.10 of the review request.

[^ntr35-L_202601794EN.000101-E0035]: Council Regulation (EU) 2023/2878 of 18 December 2023 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L, 2023/2878, 18.12.2023. p. 16, ELI: http://data.europa.eu/eli/reg/2023/2878/oj).

[^ntr36-L_202601794EN.000101-E0036]: The main importers of ferro-silicon from Russia were: Chile, Japan, South Korea, Türkiye and Taiwan.

[^ntr37-L_202601794EN.000101-E0037]: Source used in the review request: AlloyMetrics, GTT, World Steel Association, Metal Expert.

[^ntr38-L_202601794EN.000101-E0038]: Source: AlloyMetrics Market report, Annex 2.10 of the review request.

[^ntr39-L_202601794EN.000101-E0039]: In line with previous expiry review investigation, the price was adjusted to 75 % silicon content.

[^ntr40-L_202601794EN.000101-E0040]: In line with previous investigation, the volume was adjusted to 75 % silicon content.

[^ntr41-L_202601794EN.000101-E0041]: European Commission, Directorate-General for Trade and Economic Security, Directorate G, Rue de la Loi/Wetstraat 170, 1040 Bruxelles/Brussels, BELGIQUE/BELGIË.

[^ntr42-L_202601794EN.000101-E0042]: Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

ELI: http://data.europa.eu/eli/reg_impl/2026/1794/oj

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