Commission 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

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 7219310010, 7219310020, 7219321010, 7219321020, 7219329010, 7219329020, 7219331010, 7219331020, 7219339010, 7219339020, 7219341010, 7219341020, 7219349010, 7219349020, 7219351010, 7219351020, 7219359010, 7219359020, 7219902010, 7219902020, 7219908010, 7219908020, 7220202110, 7220202120, 7220202910, 7220202920, 7220204110, 7220204120, 7220204910, 7220204920, 7220208110, 7220208120, 7220208910, 7220208920, 7220902010, 7220902020, 7220908010 and 7220908020), with the exemption of those produced by the companies listed below:

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:

1. 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;

2. 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.

Where the above-quota tariff duty referred to in Article 1(6) of Commission Implementing Regulation (EU) 2019/159⁽³⁶⁾ 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.