Commission Implementing Regulation (EU) 2022/802 of 20 May 2022 imposing a provisional anti-dumping duty on imports of electrolytic chromium coated steel products originating in the People’s Republic of China and Brazil

(236) As explained in the Notice of Initiation, the complainant provided sufficient evidence that there may be raw material distortions in the PRC regarding the product under investigation. Therefore, in accordance with Article 7(2a) of the basic Regulation, the Commission examined the alleged distortions to assess whether a duty lower than the margin of dumping would be sufficient to remove injury.

(237) According to the evidence in the complaint, hot-rolled flat steel, accounting for a significant part of the cost of production of the product under investigation, was subject to VAT refund withdrawal in China.

(238) Therefore, as announced in the Notice of Initiation, in accordance with Article 7(2a) of the basic Regulation, the Commission examined the impact of the raw material distortions on the production of ECCS in China.

(239) The Commission noted that one of the sampled Chinese producers, Jintai, purchased hot-rolled coils (‘HRC’), while the other, Baosteel, did not have any such purchases. The Commission assessment at the provisional stage focused on HRC in accordance with the raw material distortions put forward in the complaint, but will continue the investigation, also with regard to other possible raw material distortions under Article 7(2a) of the basic Regulation.

(240) The Commission confirmed that HRC represented more than 17 % of the cost of production for Jintai. For the purposes of this calculation, at the provisional stage, an undistorted price of the raw material as established in Brazil was used.

(241) The Commission then examined whether the price of HRC was distorted by one of the measures listed in Article 7(2a) of the basic Regulation. For this purpose the Commission used the databases on export VAT and refund rates of the People’s Republic of China and the related announcement of the Chinese Ministry of Finance and the State Administration of Taxation. The Commission established that HRC has been subject to a VAT refund withdrawal since at least 2019.

(242) Subsequently, the Commission compared the prices of HRC in China to prices in representative international markets. At provisional stage, the Commission compared the prices paid by the company Jintai with the Metal Bulletin prices for HRC for different markets, including ex-works in Brazil, as these were provisionally considered to be in line with prices in representative international markets. On that basis, the Commission found that prices in representative international markets were [10-30] – [30-50] % higher than in the country concerned, which was considered significant.

(243) Therefore, the Commission provisionally concluded that HRC was subject to a significant distortion within the meaning of Article 7(2a) of the basic Regulation.

(244) In accordance with Article 7(2b) of the basic Regulation, the Commission examined whether it could clearly conclude that it was in the Union interest to determine the amount of provisional duties in accordance with Article 7(2a) of the basic Regulation with regard to Jintai only. The determination of the Union interest was based on an appreciation of all pertinent information to this investigation, including the spare capacities in the exporting country, competition for raw materials and the effect on supply chains for Union companies.

(245) The complainants estimated the Chinese domestic capacity for ECCS at around 990 000 tonnes and the output of ECCS around 650 000 tonnes in 2018 (48). This means an estimated capacity utilisation of 66 %. Besides, for the two sampled exporting producers, the capacity utilisation was on average [70-90] %. That is higher than the estimation of the complainants for the whole country. Even if the average spare capacity of the two sampled companies (that is [10-30] %) would be extrapolated to the country concerned, the spare capacity in China would amount to around [100 000-300 000] tonnes, which represent a significant share of the Union consumption during the IP.

(246) The Commission therefore concluded that a significant spare capacity exist in China and that, if used, this spare capacity had the potentiality to increase the global supply of the product under investigation, depress prices and consequently undermine the effectiveness of the measure if not set at the level of dumping.

(247) Generally, the global steel sector is a sector with significant excess capacity, largely due to the industrial policy of China. Steel products are widely available on the market both in the EU and in China.

(248) The Commission established that the price of HRC in China was significantly lower than the price of HRC in representative international markets (see recital (242)). This creates a comparative disadvantage for the Union industry compared to the exporting producers in China. The Commission therefore concluded that, while HRC is available to the Union industry, it is available at a higher price than for its competitors in China. The Union industry is therefore at a disadvantageous position vis-à-vis Chinese exporting producers.

(249) As explained in recitals (262) and (263) below, the Union industry has enough capacity to cover total Union demand of the product under investigation.

(250) Finally, Union users could source the product under investigation from other third countries. The total volume of imports from other third countries decreased by 23 % over the period considered while their market share decreased by 21 %. In particular, sales from South Korea decreased from [11 600-13 600] tonnes in 2018 to [4 700-5 500] tonnes in the IP, i.e. by 60 %. In the absence of dumped imports from the countries concerned, imports from other third countries would increase, as the sales prices on the Union market would be more attractive.

(251) Therefore, users would have sufficient access to ECCS even in case the imports from China decrease due to the higher duty. Consequently, disruptions of the value chains of Union users are not expected.

(252) Having assessed all pertinent information to this investigation, the Commission concluded that it is in the Union interest to determine the amount of provisional duties in relation to Handan Jintai Packing Material Co., Ltd in accordance with Article 7(2a) of the basic Regulation.

(253) In view of the analysis set out above, the Commission concluded that, in accordance with Article 7(2a) of the basic Regulation, it is in the interest of the Union to set the level of the provisional duties on the basis of the level of dumping, subject to the further considerations in the context of Article 21 set out in Section 7.2 below.

(254) Having assessed the Union interest pursuant to Article 7(2b) of the basic Regulation, the Commission then examined whether it could clearly conclude that it was not in the Union interest to adopt measures in this case, despite the determination of injurious dumping, in accordance with Article 21 of the basic Regulation. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers, and users.

(255) The effect of anti-dumping measures will be positive for the Union producers, as measures will allow the Union industry to adapt its sales prices to cover the increased cost of production. Therefore, the Union industry would return to a sustainable situation, allowing it to make future investments, in particular to comply with environmental and social requirements.

(256) In the absence of measures, the Union industry will continue suffering from material injury and its financial situation, in particular in terms of profitability, return on investments and cash flow, is expected to worsen further, thus threatening its viability.

(257) ECCS is mainly used in the production of food packaging such as food cans.

(258) Only one user, namely Eviosys, provided a questionnaire reply. It is the largest producer of food packaging in the Union and therefore, the most important user of the product under investigation.

(259) In addition, a Consortium of six traders and users as well as two other users did not provide questionnaire replies but made submissions on injury and Union interest, and opposed the adoption of anti-dumping measures.

(260) The users and traders invoked the following arguments.

(261) First, they claimed that the Union producers have difficulties to ensure sufficient quantities of ECCS, especially after Brexit that excluded Tata Steel from the Union industry. They further claimed that the Union industry tends to export most of its production (around 50 %) to third countries, alleging that export sales are more profitable than Union sales. Therefore, the imposition of measures against imports from the countries concerned, which account for half of the total imports, would disturb Union users’ supply chain and that new sources of supply may not be reliable.

(262) In the IP, the total Union consumption of ECCS was [505 000-591 000] tonnes. The total Union industry capacity was [581 000-680 000] tonnes. The total Union industry production was [439 000-513 000] tonnes and the export sales of the Union industry in the IP were [98 000-115 000] tonnes while the imports volume from the countries concerned was [78 000-91 000] tonnes. These figures show that the Union industry has sufficient production capacity to cover the total Union demand of ECCS.

(263) Consequently, the claims of Union users as to the shortages of ECCS on the Union market due to insufficient capacity of Union industry, or that half of the Union production was exported, did not appear to be well founded.

(264) Second, some users argued that the imposition of duties would significantly increase their production cost, and that they could not pass on to their customers such price increases. They argued that price is a predominant factor on the downstream market, and that measures would thus have a serious impact on their competitive position. Competition from users located in third countries that could source cheaper ECCS not subject to anti-dumping duties would further affect Union users. In addition, according to Eviosys, the increase of prices of food packaging would have the effect of further increasing food prices, in particular affecting lower income households who rely more on canned food.

(265) Union users and traders already source approximately 70 % of their ECCS needs from Union industry. Imports from the countries concerned had [14-16] % market share on the Union market in the IP and imports from other third countries have a very similar price to the sales price of the Union industry. Based on the data of Eviosys, the sole user which provided a questionnaire reply, it appeared that it would be able to absorb a possible cost increase considering its current profitability from sales of products using ECCS and the share of imports from the countries concerned in its sourcing portfolio. Therefore, the claim was provisionally rejected.

(266) Concerning possible effect on food prices, Eviosys did not substantiate its claim to demonstrate that the increase of ECCS’s prices would result in an increase of food packaging prices and ultimately in an increase of foodstuff prices, or that such potential increase would be in the same proportion as the increase of ECCS prices. Furthermore, ECCS is only used for food cans’ endings, while tinplate, which is more expensive, is used for the cans’ body. Finally, as explained in recital (265) above, the user will be able to absorb the possible cost increase due to the measures. Therefore, any potential increase of ECCS prices alone is not likely to affect, and if so only to a very minor extent, food packaging prices. Consequently, the Commission provisionally rejected this argument.

(267) Third, Eviosys and CISA claimed that the Union ECCS market was characterised by a duopoly where the product choice and bargaining power of downstream users would be threatened by the imposition of anti-dumping measures and referred to the merger Commission decision mentioned in recital (195).

(268) In this respect, as explained in recital (196), the Commission’s assessment in merger cases pursues different objectives. In any event, the decision cited had a much wider product scope than ECCS and encompassed a number of other steel products, such as tinplate, and the analysis of imports made in this decision concerned a period prior to the period considered. Therefore, the claim was rejected.

(269) Finally, two other users and CISA pointed to the existing safeguard measures on imports of steel products, including ECCS, already sufficiently protect the Union industry and that the quotas for imports from China have not been used to the maximum. They further claimed that in 2020 and 2021 prices of Chinese imports were very similar to the prices of Union producers after an increase due to the higher transport cost and the abolition of the 13 % VAT rebate of ECCS exports in China.

(270) In this respect, safeguard measures do not have as a purpose and cannot protect against dumped imports. Although import prices from China increased by 2,8 % in the IP compared to 2020, they were still lower by [7,5-20,7] % compared to the Union sales prices on the Union market in the IP. Therefore, the increase of transport cost and the abolition of the 13 % VAT rebate of ECCS exports in China claimed by users did not appear to have removed dumping. Therefore, the claims were provisionally rejected.

(271) CISA also requested the Commission to look into post-IP developments. In this respect, CISA submitted on 31 March 2022 comments on post-IP developments and on the consequence of possible measures for the EU downstream industries.

(272) The comments were received after the deadline for comments set out in the notice of initiation and will be dealt with at definitive stage.

(273) The effects of the measures on the Union producers would be positive. The risks of a potential negative impact on users and unrelated importers/traders, in particular with respect to supply, would be mitigated by the free available capacity of the Union industry as well as the imports from other countries. The restoration of fair competition and of a level playing field, in the absence of dumped imports, would benefit the healthy development of the overall market and will allow the Union industry to comply with the costs arising from Union and Member State obligations under international agreements.

(274) On the basis of the above, the Commission provisionally concluded that there were no compelling reasons that it was not in the Union interest to impose measures on imports of ECCS originating in the countries concerned at this stage of the investigation.

(275) On the basis of the conclusions reached by the Commission on dumping, injury, causation, level of measures and Union interest, provisional measures should be imposed to prevent further injury being caused to the Union industry by the dumped imports.

(276) As per the assessment above, provisional anti-dumping duties are set at the level of the injury margin for Baoshan Iron & Steel Co., Ltd. and Companhia Siderúrgica Nacional, in accordance with Article 7(2) of the basic Regulation,

(277) Regarding Handan Jintai Packing Material Co., Ltd, the Commission examined whether a duty lower than the margin of dumping would be sufficient to remove injury. Having found distortions on raw materials with regard to the product concerned in the sense of Article 7(2a) of the basic Regulation, namely in the form of VAT refund withdrawals for HRC, the Commission concluded that it would be in the Union interest, as provided for in Article 7(2b) of the basic Regulation, to set the amount of the duty at the level of the dumping margin, as a duty lower than the margin of dumping would not be sufficient to address the injury suffered by the Union industry.

(278) The provisional duty for the other cooperating non-sampled companies in the PRC is based on the weighted average injury margin as established above for the two sampled companies in the PRC, which is lower than the weighted average dumping margins for the two sampled companies in the PRC.

(279) Given the low level of cooperation from producers in the PRC and the fact that the duty level for Jintai was based on the dumping margin found in accordance with Article 7(2a) of the basic Regulation, the level of the countrywide duty level was based on the highest dumping margins found per product types sold in representative quantities by Jintai. The Commission did not need to calculate the underselling or the injury margins as regards non-cooperating companies because of the findings of significant distortions under Article 7(2a).

(280) Cooperation in Brazil was high and as a result, the residual duty is set at the same level as the one applicable to Companhia Siderúrgica Nacional.

(282) The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of this investigation. Therefore, they reflect the situation found during this investigation with respect to these companies. These duty rates are exclusively applicable to imports of the product concerned and produced by the named legal entities. Imports of the product concerned 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’. They should not be subject to any of the individual anti-dumping duty rates.

(283) To ensure a proper enforcement of the anti-dumping duties, the anti-dumping duty for all other companies should apply not only to the non-cooperating exporting producers in this investigation, but to the producers which did not have exports to the Union during the investigation period.

(284) To minimize 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 companies with individual anti-dumping duties must present 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’.

(285) 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.

(286) 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.

(287) In accordance with Article 19a of the basic Regulation, on 25 April 2022, the Commission informed interested parties about the planned imposition of provisional duties. This information was also made available to the general public via DG TRADE’s website. Interested parties were given three working days to provide comments on the accuracy of the calculations specifically disclosed to them. Following comments received, the Commission made corrections to the calculations where warranted.

(288) In the interests of sound administration, the Commission will invite the interested parties to submit written comments and/or to request a hearing with the Commission within a fixed deadline. Interested parties may also request a hearing with the Hearing Officer in trade proceedings.

(289) The findings concerning the imposition of provisional duties are provisional and may be amended at the definitive stage of the investigation,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2

Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 1 shall apply for a period of six months.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 May 2022.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 176, 30.6.2016, p. 21.

(2) Notice of initiation of an anti-dumping proceeding concerning imports of electrolytic chromium coated steel (ECCS) products originating in the People’s Republic of China and Brazil (OJ C 387, 24.9.2021, p. 2).

(3) Available at https://trade.ec.europa.eu/tdi/case_details.cfm?id=2549

(4) OJ C 86, 16.3.2020, p. 6.

(5) Commission Implementing Regulation (EU) 2022/191 of 16 February 2022 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China; Commission Implementing Regulation (EU) 2021/2239 of 15 December 2021 imposing a definitive anti-dumping duty on imports of certain utility scale steel wind towers originating in the People’s Republic of China; Commission Implementing Regulation (EU) 2021/635 of 16 April 2021 imposing a definitive anti-dumping duty on imports of certain welded pipes and tubes of iron or non-alloyed steel originating in Belarus, the People’s Republic of China and Russia following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council and Commission Implementing Regulation (EU) 2020/508 of 7 April 2020 imposing a provisional anti-dumping duty on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan.

(6) See Commission Implementing Regulation (EU) 2022/191 recitals 206-208, Commission Implementing Regulation (EU) 2021/2239 recital 135, and Commission Implementing Regulation (EU) 2021/635 recitals 149-150, Commission Implementing Regulation (EU) 2020/508 recitals 158-159.

(7) See Commission Implementing Regulation (EU) 2022/191 recital 192, Commission Implementing Regulation (EU) 2021/2239 recitals 58-61, Commission Implementing Regulation (EU) 2021/635 recitals 115-118 and Commission Implementing Regulation (EU) 2020/508 recitals 122-127.

(8) See Commission Implementing Regulation (EU) 2022/191 recitals 193-194, Commission Implementing Regulation (EU) 2021/2239 recitals 62-66, Commission Implementing Regulation (EU) 2021/635 recitals 119-122 and Commission Implementing Regulation (EU) 2020/508 recitals 128-132: While the right to appoint and to remove key management personnel in SOEs by the relevant State authorities, as provided for in the Chinese legislation, can be considered to reflect the corresponding ownership rights, CCP cells in enterprises, state-owned and private alike, represent another important channel through which the State can interfere with business decisions. According to the PRC’s company law, a CCP organisation is to be established in every company (with at least three CCP members as specified in the CCP Constitution) and the company shall provide the necessary conditions for the activities of the party organisation. In the past, this requirement appears not to have always been followed or strictly enforced. However, since at least 2016 the CCP has reinforced its claims to control business decisions in SOEs as a matter of political principle. The CCP is also reported to exercise pressure on private companies to put ‘patriotism’ first and to follow party discipline. In 2017, it was reported that party cells existed in 70 % of some 1,86 million privately owned companies, with growing pressure for the CCP organisations to have a final say over the business decisions within their respective companies. These rules are of general application throughout the Chinese economy, across all sectors, including to the producers of wire rod producers and the suppliers of their inputs.

(9) See Commission Implementing Regulation (EU) 2022/191 recital 195-201, Commission Implementing Regulation (EU) 2021/2239 recitals 67-74, Commission Implementing Regulation (EU) 2021/635 recitals 123-129 and Commission Implementing Regulation (EU) 2020/508 recitals 133-138.

(10) See Commission Implementing Regulation (EU) 2022/191 recital 202, Commission Implementing Regulation (EU) 2021/2239 recital 75, Commission Implementing Regulation (EU) 2021/635 recitals 130-133 and Commission Implementing Regulation (EU) 2020/508 recitals 139-142.

(11) See Commission Implementing Regulation (EU) 2022/191 recital 203, Commission Implementing Regulation (EU) 2021/2239 recital 76, Commission Implementing Regulation (EU) 2021/635 recitals 134-135 and Commission Implementing Regulation (EU) 2020/508 recitals 143-144.

(12) See Commission Implementing Regulation (EU) 2022/191 recital 203, Commission Implementing Regulation (EU) 2021/2239 recital 76, Commission Implementing Regulation (EU) 2021/635 recitals 136-145 and Commission Implementing Regulation (EU) 2020/508 recitals 145-154.

(13) Commission Implementing Regulation (EU) 2017/969 of 8 June 2017 imposing definitive countervailing duties on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2017/649 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People’s Republic of China (OJ L 146, 9.6.2017, p. 17).

(14) Baowu, ‘Company profile’, http://www.baowugroup.com/en/contents/5273/102759.html (last viewed 6 May 2021).

(15) See 202041312652.pdf (sohu.com), last viewed accessed 7 April 2022.

(16) Report – Chapter 14, p. 358: 51 % private and 49 % SOEs in terms of production and 44 % SOEs and 56 % private companies in terms of capacity.

(17) Available at:

www.gov.cn/zhengce/content/2016-02/04/content_5039353.htm (last viewed 6 May 2021);

https://policycn.com/policy_ticker/higher-expectations-for-large-scale-steel-enterprise/?iframe=1&secret=c8uthafuthefra4e (last viewed 6 May 2021), and

www.xinhuanet.com/english/2019-04/23/c_138001574.htm (last viewed 6 May 2021).

(18) Available at http://www.xinhuanet.com/english/2019-04/23/c_138001574.htm (last viewed 6 May 2021) and http://www.jjckb.cn/2019-04/23/c_137999653.htm (last viewed 6 May 2021).

(19) As was the case of the merger between the private company Rizhao and the SOE Shandong Iron and Steel in 2009. See Beijing steel report, p. 58, and the acquired majority stake of China Baowu Steel Group in Magang Steel in June 2019, see https://www.ft.com/content/a7c93fae-85bc-11e9-a028-86cea8523dc2 (last viewed 6 May 2021).

(20) TISCO, ‘Company profile’, http://en.tisco.com.cn/CompanyProfile/20151027095855836705.html (last viewed 2 March 2020).

(21) See the group’s web, available at: http://www.baowugroup.com/about/board_of_directors (accessed on 28 March 2022).

(22) See the company’s web, available at: https://www.baosteel.com/about/manager (accessed on 28 March 2022).

(23) http://www.baowugroup.com/party_building/overview

(24) Ibidem.

(25) See Articles of Association of Baosteel, Article 133.4:

http://static.sse.com.cn//disclosure/listedinfo/announcement/c/2021-01-08/600019_20210108_8.pdf (last viewed 6 May 2021).

(26) Report, Part III, Chapter 14, p. 346 ff.

(27) Introduction to The Plan for Adjusting and Upgrading the Steel Industry.

(28) Report, Chapter 14, p. 347.

(29) The 13th Five-Year Plan for Economic and Social Development of the People’s Republic of China (2016-2020), available at

https://en.ndrc.gov.cn/newsrelease_8232/201612/P020191101481868235378.pdf (last viewed 2 March 2020).

(30) Report – Chapter 14, p. 349.

(31) Report – Chapter 14, p. 352.

(32) ‘Guiding Catalogue for Industry Restructuring (2019 Version)’ approved by Decree of the National Development and Reform Commission of the People's Republic of China No. 29 of 27 August 2019 http://www.gov.cn/xinwen/2019-11/06/5449193/files/26c9d25f713f4ed5b8dc51ae40ef37af.pdf, last accessed on 11 April 2022.

(33) Report – Chapter 14, pp. 375 – 376.

(34) See Commission Implementing Regulation (EU) 2021/635, recitals 134-135 and Commission Implementing Regulation (EU) 2020/508, recitals 143-144.

(35) The full list available under the following link:

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fkjt.hebei.gov.cn%2Fwww%2Fxwzx15%2Ftzgg35%2Fsttz15%2F227382%2F2020102009523655218.doc&wdOrigin=BROWSELINK

(36) World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income

(37) https://ilostat.ilo.org/

(38) http://www.edp.com.br/distribuicao-es/saiba-mais/informativos/tarifas-aplicadas-a-clientes-atendidos-em-alta-e-media-tensao-(grupo-a)

(39) https://www.comgas.com.br/tarifas/historico-de-tarifas/

(40) http://site.sabesp.com.br/site/interna/Default.aspx?secaoId=183

(41) 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). Article 2(7) of the basic Regulation considers that domestic prices in those countries cannot be used for the purpose of determining normal value and, in any event, such import data was negligible.

(42) 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 (OJ L 10, 17.1.2022, p. 17).

(43) https://ilostat.ilo.org/

(44) Available at https://establishbrazil.com/articles/whats-real-cost-employee (last viewed 8 April 2022).

(45) https://www.csn.com.br/wp-content/uploads/sites/452/2021/07/Relato-Integrado-2020-EN.pdf

(46) Commission Decision in Case M.8713 – Tata steel/ThyssenKrupp/JV, 11 June 2019, recitals 384, 388 and 390.

(47) The Paris Agreement is an agreement within the United Nations Framework Convention on Climate Change.

(48) Anti-dumping Complaint of 12 August 2021, par. 32.