Commission Implementing Regulation (EU) 2024/2137 of 2 August 2024 correcting and amending Implementing Regulation (EU) 2024/1475 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in 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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union⁽¹⁾, and in particular Article 11(2) thereof,

Whereas:

The Commission has identified some errors in its Implementing Regulation (EU) 2024/1475⁽²⁾. Implementing Regulation (EU) 2024/1475 needs to be corrected in order to provide clarity and legal certainty to business operators and to the Member States’ customs authorities, thus ensuring a proper implementation of that act. The errors subject to correction concern in particular an improved reasoning regarding the impact of the volume of dumped imports on the Union industry and the inclusion of three missing CN codes and three missing TARIC codes in Article 1 of the operative part.
By its Implementing Regulation (EU) 2019/159⁽³⁾, the Commission imposed a safeguard measure with respect to certain steel products for a period of three years. By Commission Implementing Regulation (EU) 2021/1029⁽⁴⁾, the safeguard measure was prolonged until 30 June 2024. By Commission Implementing Regulation (EU) 2024/1782⁽⁵⁾, the safeguard measure was prolonged until 30 June 2026. The product under review in Implementing Regulation (EU) 2024/1475 is one of the product categories covered by the safeguard measure. Consequently, once the tariff quotas established under the safeguard measure are exceeded, both the above-quota tariff duty and the anti-dumping duty would become payable on the same imports. As such cumulation of anti-dumping measures with safeguard measures may lead to an effect on trade greater than desirable, it is necessary to prevent the concurrent application of the anti-dumping duty with the above-quota tariff duty for the product under review for the duration of the imposition of the safeguard duty.
Accordingly, where the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 becomes applicable to the product under review and exceeds the level of the anti-dumping duties pursuant to Implementing Regulation (EU) 2024/1475, only the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 should be collected. During the period of concurrent application of the safeguard and anti-dumping duties, the collection of the duties imposed pursuant to Implementing Regulation (EU) 2024/1475 should be suspended. Where the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 becomes applicable to the product under review and is set at a level lower than the level of the anti-dumping duties in Implementing Regulation (EU) 2024/1475, the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 should be collected in addition to the difference between that duty and the higher anti-dumping duties imposed pursuant to Implementing Regulation (EU) 2024/1475. The part of the amount of anti-dumping duties not collected should be suspended.
Implementing Regulation (EU) 2024/1475 should therefore be corrected and amended accordingly.
In order to minimise the period of legal uncertainty, this Regulation should enter into force as a matter of urgency. It should apply with effect from the date of application of Implementing Regulation (EU) 2024/1475, in order to ensure the application of that Implementing Regulation to all product types that were covered by the expiry review and ensure the correct application of the safeguard measures. The application of this Regulation with effect from the date of application of Implementing Regulation (EU) 2024/1475 would not produce any unfavourable consequences for those concerned in view of the fact that the corrections and amendments do not concern changes on substance and do not extend the scope of the measures.
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2024/1475 is corrected as follows:

recital 147 is replaced by the following:
During the period considered, the volume of the dumped imports from the PRC was however substantially lower, as explained in recital 35, than during the original investigation period. However, in comparison with the previous review, there was a slight increase in imports. Based on this analysis, it can be inferred that the impact of the dumped imports on the Union industry was, in fact, more significant during the period considered than during the previous review.’
;
in Article 1, paragraph 1 is replaced by the following:
‘1.
A definitive anti-dumping duty is imposed on imports of seamless pipes and tubes of stainless steel (excluding such pipes and tubes with attached fittings suitable for conducting gases or liquids for use in civil aircraft), currently falling under CN codes 7304 11 00, 7304 22 00, 7304 24 00, ex73044100, ex73044983, ex73044985, ex73044989 and ex73049000 (TARIC codes 7304410090, 7304498390, 7304498590, 7304498990, and 7304900091), and originating in the People's Republic of China’.

Article 2

In Implementing Regulation (EU) 2024/1475, the following Article 1a is inserted:

1.
Where the above-quota tariff duty referred to in Article 1(6) of Commission Implementing Regulation (EU) 2019/159^(*****) becomes applicable to imports of seamless pipes and tubes of stainless steel (excluding such pipes and tubes with attached fittings suitable for conducting gases or liquids for use in civil aircraft) and exceeds the level of the anti-dumping duty set out in Article 1(2) of this Regulation, only the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 shall be collected.

2.
During the period of application of paragraph 1, the collection of the duties imposed pursuant to this Regulation shall be suspended.

3.
Where the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 becomes applicable to imports of seamless pipes and tubes of stainless steel (excluding such pipes and tubes with attached fittings suitable for conducting gases or liquids for use in civil aircraft) and is set at a level lower than the anti-dumping duty set out in Article 1(2) of this Regulation, the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 shall be collected in addition to the difference between that duty and the higher anti-dumping duty set out in Article 1(2) of this Regulation.

4.
The part of the amount of anti-dumping duty not collected pursuant to paragraph 3 shall be suspended.

5.
The suspensions referred to in paragraphs 2 and 4 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 3

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

It shall apply from 1 June 2024.

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

Done at Brussels, 2 August 2024.

For the Commission

The President

Ursula von der Leyen