LegalizeCommission Implementing Regulation (EU) 2024/1268 of 6 May 2024 extending the definitive countervailing duties imposed by Implementing Regulation (EU) 2022/433 on imports of stainless steel cold-rolled flat products originating in Indonesia to imports of stainless steel cold-rolled flat products consigned from Taiwan, Türkiye and Vietnam, whether declared as originating in Taiwan, Türkiye and Vietnam or not
Article 1
The definitive countervailing duty imposed by Implementing Regulation (EU) 2022/433 on imports of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced) originating in Indonesia is hereby extended to imports of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), currently falling under CN codes 7219 31 00 , 7219 32 10 , 7219 32 90 , 7219 33 10 , 7219 33 90 , 7219 34 10 , 7219 34 90 , 7219 35 10 , 7219 35 90 , 7219 90 20 , 7219 90 80 , 7220 20 21 , 7220 20 29 , 7220 20 41 , 7220 20 49 , 7220 20 81 , 7220 20 89 , 7220 90 20 and 7220 90 80 , consigned from Taiwan, Türkiye and Vietnam whether declared as originating in Taiwan, Türkiye and Vietnam or not (TARIC codes 7219 31 00 10 , 7219 31 00 20 , 7219 32 10 10 , 7219 32 10 20 , 7219 32 90 10 , 7219 32 90 20 , 7219 33 10 10 , 7219 33 10 20 , 7219 33 90 10 , 7219 33 90 20 , 7219 34 10 10 , 7219 34 10 20 , 7219 34 90 10 , 7219 34 90 20 , 7219 35 10 10 , 7219 35 10 20 , 7219 35 90 10 , 7219 35 90 20 , 7219 90 20 10 , 7219 90 20 20 , 7219 90 80 10 , 7219 90 80 20 , 7220 20 21 10 , 7220 20 21 20 , 7220 20 29 10 , 7220 20 29 20 , 7220 20 41 10 , 7220 20 41 20 , 7220 20 49 10 , 7220 20 49 20 , 7220 20 81 10 , 7220 20 81 20 , 7220 20 89 10 , 7220 20 89 20 , 7220 90 20 10 , 7220 90 20 20 , 7220 90 80 10 and 7220 90 80 20 ), with the exemption of those produced by the companies listed below:
| Country | Company | TARIC additional code |
|---|---|---|
| Taiwan | Chia Far Industrial Factory Co., Ltd. | C030 |
| Taiwan | Tang Eng Iron Works Co., Ltd. Tung Mung Development Co., Ltd. Walsin Lihwa Corporation Yieh United Steel Corporation Yuan Long Stainless Steel Corp. | 89AH |
| Türkiye | Posco Assan TST Celik Sanayi A.Ș. | 89AK |
| Vietnam | Posco VST Co., Ltd. Lam Khang Joint Stock Company | 89AJ |
The extended duty is the countervailing duty of 20,5 % applicable to ‘all other Indonesian companies’.
The duty extended by paragraphs 1 and 2 of this Article shall be collected on imports consigned from Taiwan, Türkiye and Vietnam, whether declared as originating in Taiwan, Türkiye and Vietnam or not, registered in accordance with Article 2 of Implementing Regulation (EU) 2023/1631 and Articles 23(4) and 24(5) of Regulation (EU) 2016/1037, with the exception of those produced by the companies listed in paragraph 1.
The application of exemptions granted to the companies specifically mentioned in paragraph 1 shall be conditional upon presentation of the following documents to the customs authorities of the Member States:
- (a) if the importer buys directly from the Taiwanese, Turkish or Vietnamese exporting producer, a commercial invoice bearing a declaration of the exporting producer and a mill certificate from that exporting producer as specified in Annex 1 (‘manufacturer declaration for direct export sale’). The mill certificate must be from one of the companies listed in paragraph 1;
- (b) if the importer buys from a trader or other intermediate legal person, whether located in Taiwan, Türkiye, Vietnam or not, a commercial invoice from the manufacturer to the trader or other intermediate legal person bearing a declaration of the manufacturer and a mill certificate from that manufacturer as specified in Annex 2 (‘manufacturer declaration for indirect export sale’) and a commercial invoice from the trader or other intermediate legal person to the importer. The mill certificate must be from one of the companies listed in paragraph 1.
If neither the mill certificate nor the invoice are presented, the duty applicable to ‘all other companies’ shall apply.
For monitoring purposes, importers are requested to declare in the documents mentioned in Article 1(4), whether Indonesia is the country where the stainless steel inputs used for the processing of the product in Taiwan, Türkiye, Vietnam was originally melted and poured. Customs authorities shall record such transactions as provided by the importers as ‘originally melted and poured in Indonesia’ or ‘not originally melted and poured in Indonesia’.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Customs authorities are hereby directed to cease the registration of imports established in accordance with Article 2 of Implementing Regulation (EU) 2023/1631.
Article 3
Where the above-quota tariff duty referred to in Article 1(6) of Commission Implementing Regulation (EU) 2019/159 ([^E0001]) becomes applicable to flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), and exceeds the level of the countervailing duty set out in Article 1(2), only the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 shall be collected.
During the period of application of paragraph 1, the collection of the duties imposed pursuant to this Regulation shall be suspended.
The suspension referred to in paragraph 2 shall be limited in time to the period of application of the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159.
Article 4
The exemption requests submitted by Trinox Metal Sanayi ve Ticaret A.Ș. (Türkiye) and Yongjin Metal Technology (Vietnam) Company Limited (Vietnam) are rejected.
Article 5
Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:
European Commission
Directorate-General for Trade
Directorate G Office:
CHAR 04/39
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
In accordance with Article 23(4) of Regulation (EU) 2016/1037, the Commission may authorise, by decision, the exemption of imports from companies which do not circumvent the countervailing measures imposed by Implementing Regulation (EU) 2022/433, from the duty extended by Article 1.
Article 6
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 1
Manufacturer declaration for direct export sale
- (1)A declaration signed by an official of the manufacturer issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(4)(a):
- (a) The name and function of the official of the manufacturer.
- (b) The following declaration: ‘I, the undersigned, certify that the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (Taiwan, Türkiye or Vietnam). I declare that the information provided in this invoice is complete and correct.’
- (c) Date and signature.
- (2)The commercial invoice must be accompanied by a mill certificate including a declaration signed by an official of the entity issuing the mill certificate, in the following format, appearing on the valid mill certificate referred to in Article 1(4)(a):
- (a) the name and function of the official of the entity issuing the mill certificate;
- (b) the following declaration: ‘ I, the undersigned, certify that:
- (i) the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by the mill certificate, was manufactured by (company name and address) (TARIC additional code) in (Taiwan, Türkiye or Vietnam). I declare that the information provided in this mill certificate is complete and correct.
- (ii) The stainless steel inputs used for the production of the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by the mill certificate was originally melted and poured in Indonesia: YES/NO (please indicate the correct reply);’
- (c) date and signature.
ANNEX 2
Manufacturer declaration for indirect export sale
- (1)A declaration of the Taiwanese, Turkish or Vietnamese manufacturer, signed by an official of the manufacturer issuing the invoice for this transaction to the trader or other intermediate legal person, in the following format, must appear on the commercial invoice of the manufacturer to the other intermediate legal person or trader referred to in Article 1(4)(b):
- (a) The name and function of the official of the manufacturer.
- (b) The following declaration: ‘I, the undersigned, certify that the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced) sold to the trader/other intermediate legal person (name of the trader/other intermediate legal person) (country of the trader/other intermediate legal person), covered by this invoice, was manufactured by our company (company name and address) (TARIC additional code) in (Taiwan, Türkiye or Vietnam). I declare that the information provided in this invoice is complete and correct.’
- (c) Date and signature.
- (2)The commercial invoice must be accompanied by a mill certificate including a declaration signed by an official of the entity issuing the mill certificate, in the following format, appearing on the valid mill certificate referred to in Article 1(4)(b):
- (a) the name and function of the official of the entity issuing the mill certificate;
- (b) the following declaration: ‘ I, the undersigned, certify that:
- (i) the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by the mill certificate, was manufactured by (company name and address) (TARIC additional code) in (Taiwan, Türkiye or Vietnam). I declare that the information provided in this mill certificate is complete and correct.
- (ii) The stainless steel inputs used for the production of the (volume in kg) of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), sold for export to the European Union covered by the mill certificate was originally melted and poured in Indonesia: YES/NO (please indicate the correct reply);’
- (c) date and signature.
[^E0001]: 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).
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