Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products
Modified by
  • Commission Implementing Regulation (EU) 2019/1590of 26 September 2019amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products, 32019R1590, September 27, 2019
  • Commission Implementing Regulation (EU) 2020/35of 15 January 2020amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products, 32020R0035, January 16, 2020
  • Commission Implementing Regulation (EU) 2020/894of 29 June 2020amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products, 32020R0894, June 30, 2020
  • Commission Implementing Regulation (EU) 2020/2037of 10 December 2020amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products, 32020R2037, December 11, 2020
  • Commission Implementing Regulation (EU) 2021/1029of 24 June 2021amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports of certain steel products, 32021R1029, June 25, 2021
  • Commission Implementing Regulation (EU) 2021/1091of 2 July 2021amending Commission Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure against imports of certain steel products, 32021R1091, July 5, 2021
  • Commission Implementing Regulation (EU) 2022/434of 15 March 2022amending Regulation (EU) 2019/159 imposing a definitive safeguard measure against imports of certain steel products, 32022R0434, March 16, 2022
  • Commission Implementing Regulation (EU) 2022/664of 21 April 2022amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure against imports of certain steel products, 32022R0664, April 22, 2022
  • Commission Implementing Regulation (EU) 2022/978of 23 June 2022amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel productsCorrigendum to Commission Implementing Regulation (EU) 2022/978 of 23 June 2022 amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products(Official Journal of the European Union L 167 of 24 June 2022), 32022R097832022R0978R(01), June 24, 2022
  • Commission Implementing Regulation (EU) 2023/104of 12 January 2023amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products following a report adopted by the World Trade Organization’s Dispute Settlement Body, 32023R0104, January 13, 2023
Corrected by
  • Corrigendum to Commission Implementing Regulation (EU) 2022/978 of 23 June 2022 amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products, 32022R0978R(01), October 20, 2022
Commission Implementing Regulation (EU) 2019/159of 31 January 2019imposing definitive safeguard measures against imports of certain steel products
Article 11.Subject to Articles 6 and 7, a tariff quota is hereby opened in relation to imports into the Union of each of the 26 products categories concerned (defined by reference to the CN codes specified in relation to it in Annex I) and each of the periods specified in Annex IV.1 and IV.2.2.For each of the product categories concerned, and with the exception of product categories 8 and 25a, a part of each tariff-rate quota is allocated to the countries specified in Annex IV.3.The remaining part of each tariff-rate quota, as well as the tariff-rate quota for product categories 8 and 25, shall be allocated on a first-come-first-served basis, based on a tariff-rate quota established equally for each quarter of the period of imposition.4.The drawings on each quarterly quota shall be stopped on the twentieth working day of the Commission following the end of the quarterly period. At the end of each quarter, the unused balances of the tariff-rate quota shall automatically be transferred to the next quarter. No unused balance at the end of the last quarter of each year of application of the definitive tariff-rate quota shall be transferred.5.Where the relevant tariff-rate quota under paragraph 2 is exhausted for one specific country, imports from that country for some product categories can be made under the remaining part of the tariff-rate quota for the same product category. This provision shall only apply during the last quarter of each year of application of the definitive tariff-rate quota. For product categories 5, 9, and 21 no further access to the remaining part of the tariff-rate quota will be allowed. For product categories 12, 13, 14, 16, 20 and 27 only access to a specific volume within the tariff-rate quota volume initially available in the last quarter, will be allowed. In product categories 1 and 4B no exporting country shall be allowed to use, on its own, more than 30 % of the residual tariff-rate quota volume initially available in the last quarter of each year of application of measures. For product categories 2, 3A, 3B, 4A, 6, 10, 15, 18, 19, 22, 24, 25B, 26 and 28 the access will be allowed over the total tariff-rate quota volume initially available in the last quarter in the respective product categories.6.Where the relevant tariff-rate quota is exhausted or where imports of the product categories do not benefit from the relevant tariff-rate quota, an additional duty at the rate of 25 %, applicable to the net, free-at-Union-frontier price, before duty, shall be applied on the product categories set out in Annex IV.1.
Article 21.The origin of any product to which this Regulation applies shall be determined in accordance with the provisions in force in the Union relating to non-preferential origin.2.Unless otherwise specified, the provisions in force concerning customs duties shall apply. The default interest to be paid in case of reimbursement that gives rise to a right to payment of default interest shall 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, in force on the first calendar day of the month in which the deadline falls, increased by one percentage point.
Article 3The tariff-rate quotas set out in Article 1 shall be managed by the Commission and the Member States in accordance with the management system for tariff-rate quotas provided for in Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447.
Article 4The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.
Article 51.Subject to paragraph 2, imports of the 26 product categories specified in Annex IV originating in one of the countries specified in Annex III shall not be subject to the measures contained in Article 1.2.For each of the 26 product categories specified in Annex IV, Annex III.2 specifies the originating countries which shall be subject to the measures set out in Article 1.
Article 61.Products originating in Norway, Iceland, and Liechtenstein shall not be subject to the measures set out in Article 1.2.Mozambique shall also not be subject to the measures set out in Article 1.
Article 7Prior surveillance measures in force by means of Commission Implementing Regulation (EU) 2016/670Commission Implementing Regulation (EU) 2016/670 of 28 April 2016 introducing prior Union surveillance of imports of certain iron and steel products originating in certain third countries (OJ L 115, 29.4.2016, p. 37). shall be suspended for the products mentioned in Annex IV during the time of the imposition of safeguard measures set out in Article 1.
Article 8During the period set out in Annexes IV.1 and IV.2 the Commission may review the measures in case of change of circumstances.
Article 9Any amounts paid in respect of additional duties imposed pursuant to Implementing Regulation (EU) 2018/1013 in relation to the products specified in Annex IV of this Regulation shall be definitively collected at the level set in Article 1(3) of Implementing Regulation (EU) 2018/1013.
Article 10This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.It shall apply until 30 June 2024
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IProduct concerned
Product NumberProduct categoryCN Codes
1Non Alloy and Other Alloy Hot Rolled Sheets and Strips72081000, 72082500, 72082600, 72082700, 72083600, 72083700, 72083800, 72083900, 72084000, 72085210, 72085299, 72085310, 72085390, 72085400, 72111300, 72111400, 72111900, 72126000, 72251910, 72253010, 72253030, 72253090, 72254015, 72254090, 72261910, 72269120, 72269191, 72269199
2Non Alloy and Other Alloy Cold Rolled Sheets72091500, 72091690, 72091790, 72091891, 72092500, 72092690, 72092790, 72092890, 72099020, 72099080, 72112320, 72112330, 72112380, 72112900, 72119020, 72119080, 72255020, 72255080, 72262000, 72269200
3Electrical Sheets (other than GOES)72091610, 72091710, 72091810, 72092610, 72092710, 72092810, 72251990, 72261980
4Metallic Coated Sheets72102000, 72103000, 72104100, 72104900, 72106100, 72106900, 72109080, 72122000, 72123000, 72125020, 72125030, 72125040, 72125061, 72125069, 72125090, 72259100, 72259200, 72259900, 72269910, 72269930, 72269970
5Organic Coated Sheets72107080, 72124080
6Tin Mill products72091899, 72101100, 72101220, 72101280, 72105000, 72107010, 72109040, 72121010, 72121090, 72124020
7Non Alloy and Other Alloy Quarto Plates72085120, 72085191, 72085198, 72085291, 72089020, 72089080, 72109030, 72254012, 72254040, 72254060
8Stainless Hot Rolled Sheets and Strips72191100, 72191210, 72191290, 72191310, 72191390, 72191410, 72191490, 72192210, 72192290, 72192300, 72192400, 72201100, 72201200
9Stainless Cold Rolled Sheets and Strips72193100, 72193210, 72193290, 72193310, 72193390, 72193410, 72193490, 72193510, 72193590, 72199020, 72199080, 72202021, 72202029, 72202041, 72202049, 72202081, 72202089, 72209020, 72209080
10Stainless Hot Rolled Quarto Plates72192110, 72192190
11Grain-Oriented Electrical Sheet72251100, 72261100
12Non Alloy and Other Alloy Merchant Bars and Light Sections72143000, 72149110, 72149190, 72149931, 72149939, 72149950, 72149971, 72149979, 72149995, 72159000, 72161000, 72162100, 72162200, 72164010, 72164090, 72165010, 72165091, 72165099, 72169900, 72281020, 72282010, 72282091, 72283020, 72283041, 72283049, 72283061, 72283069, 72283070, 72283089, 72286020, 72286080, 72287010, 72287090, 72288000
13Rebars72142000, 72149910
14Stainless Bars and Light Sections72221111, 72221119, 72221181, 72221189, 72221910, 72221990, 72222011, 72222019, 72222021, 72222029, 72222031, 72222039, 72222081, 72222089, 72223051, 72223091, 72223097, 72224010, 72224050, 72224090
15Stainless Wire Rod72210010, 72210090
16Non Alloy and Other Alloy Wire Rod72131000, 72132000, 72139110, 72139120, 72139141, 72139149, 72139170, 72139190, 72139910, 72139990, 72271000, 72272000, 72279010, 72279050, 72279095
17Angles, Shapes and Sections of Iron or Non Alloy Steel72163110, 72163190, 72163211, 72163219, 72163291, 72163299, 72163310, 72163390
18Sheet Piling73011000
19Railway Material73021022, 73021028, 73021040, 73021050, 73024000
20Gas pipes73063041, 73063049, 73063072, 73063077
21Hollow sections73066110, 73066192, 73066199
22Seamless Stainless Tubes and Pipes73041100, 73042200, 73042400, 73044100, 73044910, 73044993, 73044995, 73044999
23Bearing Tubes and Pipes73045112, 73045118, 73045932, 73045938
24Other Seamless Tubes73041910, 73041930, 73041990, 73042300, 73042910, 73042930, 73042990, 73043120, 73043180, 73043910, 73043952, 73043958, 73043992, 73043993, 73043998, 73045181, 73045189, 73045910, 73045992, 73045993, 73045999, 73049000
25Large welded tubes73051100, 73051200, 73051900, 73052000, 73053100, 73053900, 73059000
26Other Welded Pipes73061110, 73061190, 73061910, 73061990, 73062100, 73062900, 73063011, 73063019, 73063080, 73064020, 73064080, 73065020, 73065080, 73066910, 73066990, 73069000
27Non-alloy and other alloy cold finished bars72151000, 72155011, 72155019, 72155080, 72281090, 72282099, 72285020, 72285040, 72285061, 72285069, 72285080
28Non Alloy Wire72171010, 72171031, 72171039, 72171050, 72171090, 72172010, 72172030, 72172050, 72172090, 72173041, 72173049, 72173050, 72173090, 72179020, 72179050, 72179090
ANNEX IIII.1 — Growth in imports for the 26 product categories (in tonnes)
Product NumberProduct category20132014201520162017MRPGrowth MRP compared to 2013
1Non Alloy and Other Alloy Hot Rolled Sheets and Strips48672425263815785439586108477048217720971848 %
2Non Alloy and Other Alloy Cold Rolled Sheets18378751906067276133720072992463937246394134 %
3Electrical Sheets (other than GOES)26635528437627977731264737774443352663 %
4Metallic Coated Sheets185532522031352688830392490650191324637052150 %
5Organic Coated Sheets68164672500462248273061991900093769338 %
6Tin Mill products54994166074363472275463861681073592834 %
7Non Alloy and Other Alloy Quarto Plates14394301968634257322028347442549694237417065 %
8Stainless Hot Rolled Sheets and Strips157197213885247090326631407886408468160 %
9Stainless Cold Rolled Sheets and Strips64500495417969719975305886909197241551 %
10Stainless Hot Rolled Quarto Plates2679934700315862599527704286777 %
12Non Alloy and Other Alloy Merchant Bars and Light Sections9429991265397123332814295111419973179239290 %
13Rebars5287029725721430000129293611913791755338232 %
14Stainless Bars and Light Sections11463814967014487514949916197318481161 %
15Stainless Wire Rod52068712095754258659630226978634 %
16Non Alloy and Other Alloy Wire Rod110716912673081694707200132220938772354164113 %
17Angles, Shapes and Sections of Iron or Non Alloy Steel22279727486326785138735326275937373268 %
18Sheet Piling158711649714051366838454983502426 %
19Railway Material14587255322320212494182322301358 %
20Gas pipes27537834907831447135426140141044556962 %
21Hollow sections48503857842660219075727486288995636097 %
22Seamless Stainless Tubes and Pipes42417555905494851614495934978117 %
24Other Seamless Tubes4406965090524487614483334108224806009 %
25Large welded tubes2955024188082185491715121053049720886144 %
26Other Welded Pipes46213748491549491452663455176455845721 %
27Non-alloy and other alloy cold finished bars44608651406647927145492445492150123212 %
28Non Alloy Wire55579870056068304172615871448076260037 %
II.2 — Growth in imports for the 2 product categories (in tonnes)
Product NumberProduct category20132014201520162017MRPGrowth MRP compared to 2013
11Grain-Oriented Electrical Sheet11438811225810173710951899917106570– 7 %
23Bearing Tubes and Pipes747589988337703561376265– 16 %
ANNEX IIIIII.1 — List of developing countries, members of the WTOAfghanistan, Albania, Angola, Antigua and Barbuda, Argentina, Armenia, Bahrain, Bangladesh, Barbados, Belize, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cabo Verde, Cambodia, Cameroon, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Cuba, Democratic Republic of the Congo, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Eswatini, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, India, Indonesia, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyz Republic, Lao People's Democratic Republic, Lesotho, Liberia, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Moldova, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Solomon Islands, South Africa, Sri Lanka, Suriname, Tajikistan, Tanzania, Thailand, Former Yugoslav Republic of Macedonia, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen, Zambia, Zimbabwe.III.2 —List of product categories originating in developing countries to which the definitive measures apply
List of product categories originating in developing countries to which the definitive measures apply
Country / Product group123A3B4A4B567891012131415161718192021222425A25B262728
BrazilXXX
ChinaXXXXXXXXXXXXXXXXXXXXX
EgyptXXX
IndiaXXXXXXXXXXXXXXXX
IndonesiaXXXXX
KazakhstanXXX
MoldovaXXXXX
North MacedoniaXXXXXX
South AfricaXXXXX
TunisiaXX
TurkeyXXXXXXXXXXXXXXXXXXXX
UkraineXXXXXXXXXXXXXXXX
United Arab EmiratesXXXXXX
VietnamXXXXXXXX
All other developing countriesXX
ANNEX IVIV.1 –Volumes of tariff–rate quotas
From 1.7 to 31.3: 09.8601From 1.4 to 30.6: 09.8602From 1.4 to 30.6: For Turkey*: 09.8572, for India*: 09.8573, for Korea (Republic of)*: 09.8574, for Serbia*: 09.8575 and for United Kingdom*: 09.8599 *In case of exhaustion of their specific quotas in accordance withArticle 1.5From 1.7 to 31.3: 09.8603From 1.4 to 30.6: 09.8604From 1.4 to 30.6: For India*, Korea (Republic of)*, Ukraine*, Brazil*, Serbia* and United Kingdom*: 09.8567 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8605From 1.4 to 30.6: 09.8606From 1.4 to 30.6: For Korea (Republic of)*, Iran (Islamic republic of)* and United Kingdom*: 09.8568 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8607From 1.4 to 30.6: 09.860809.8816From 1.4 to 30.6: For Korea (Republic of)*, China* and Taiwan*: 09.8569 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8609From 1.4 to 30.6: 09.8610From 1.4 to 30.6: For India*, Korea (Republic of)* and United Kingdom*: 09.8570 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8611From 1.4 to 30.6: 09.8612From 1.4 to 30.6: For China*: 09.8581, for Korea (Republic of)*: 09.8582, for India*: 09.8583, for United Kingdom*: 09.8584 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8613From 1.4 to 30.6: 09.8614From 1.7 to 31.3: 09.8615From 1.4 to 30.6: 09.8616From 1.4 to 30.6: For China*, Korea (Republic of)*, Taiwan*, Serbia* and United Kingdom*: 09.8576 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8617From 1.4 to 30.6: 09.8618From 1.7 to 31.3: 09.8619From 1.4 to 30.6: 09.8620From 1.7 to 31.3: 09.8621From 1.4 to 30.6: 09.8622From 1.4 to 30.6: For Korea (Republic of)*, Taiwan*, India*, South Africa*, United States of America*, Turkey* and Malaysia*: 09.8578 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8623From 1.4 to 30.6: 09.8624From 1.4 to 30.6: For China*, India*, South Africa*, Taiwan* and United Kingdom*: 09.8591 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8625From 1.4 to 30.6: 09.8626From 1.4 to 30.6: For China*, Turkey*, Switzerland* and United Kingdom*: 09.8592 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8627From 1.4 to 30.6: 09.8628From 1.4 to 30.6: For Turkey*, Ukraine*, Bosnia and Herzegovina* and Moldova*: 09.8593*In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8629From 1.4 to 30.6: 09.8630From 1.4 to 30.6: For India*, Switzerland*, Ukraine* and United Kingdom*: 09.8594 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8631 09.8907From 1.4 to 30.6: 09.8632From 1.4 to 30.6: For India*, Taiwan*, Korea (Republic of)*, China*, Japan* and United Kingdom*: 09.8595 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8633From 1.4 to 30.6: 09.8634From 1.4 to 30.6: For Ukraine*, Switzerland*, Turkey*, Moldaova* and United Kingdom*: 09.8558 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8635From 1.4 to 30.6: 09.8636From 1.7 to 31.3: 09.8637From 1.4 to 30.6: 09.8638From 1.4 to 30.6: For China*, United Arab Emirates* and United Kingdom*: 09.8580 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8639From 1.4 to 30.6: 09.8640From 1.4 to 30.6: For China*, Turkey* and United Kingdom*: 09.8585 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8641From 1.4 to 30.6: 09.8642From 1.7 to 31.3: 09.8643From 1.4 to 30.6: 09.8644From 1.7 to 31.3: 09.8645From 1.4 to 30.6: 09.8646From 1.4 to 30.6: For India*, Ukraine*, Korea (Republic of)*, Japan*, China* and United Kingdom*: 09.8597 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8647From 1.4 to 30.6: 09.8648From 1.4 to 30.6: For China*, Ukraine*, United States of America* and United Kingdom*: 09.8586 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8657From 1.4 to 30.6: 09.8658From 1.7 to 31.3: 09.8659From 1.4 to 30.6: 09.8660From 1.4 to 30.6: For Turkey*, China*, Korea (Republic of)* and United Kingdom*: 09.8587 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8651From 1.4 to 30.6: 09.8652From 1.4 to 30.6: For Switzerland*, Turkey*, Taiwan*, China * and United Kingdom*: 09.8588 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8653From 1.4 to 30.6: 09.8654From 1.4 to 30.6: For Switzerland*, China *, Ukraine* and United Kingdom*: 09.8539 *In case of exhaustion of their specific quotas in accordance with Article 1.5From 1.7 to 31.3: 09.8655From 1.4 to 30.6: 09.8656From 1.4 to 30.6: For Turkey*, Ukraine* and China *: 09.8598 *In case of exhaustion of their specific quotas in accordance with Article 1.5
Product NumberProduct categoryCN CodesAllocation by country (Where Applicable)Year 5Year 6Additional duty rateOrder numbers
From 1.7.2022 to 30.9.2022From 1.10.2022 to 31.12.2022From 1.1.2023 to 31.3.2023From 1.4.2023 to 30.6.2023From 1.7.2023 to 30.9.2023From 1.10.2023 to 31.12.2023From 1.1.2024 to 31.3.2024From 1.4.2024 to 30.6.2024
Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)
1Non Alloy and Other Alloy Hot Rolled Sheets and Strips72081000, 72082500, 72082600, 72082700, 72083600, 72083700, 72083800, 72083900, 72084000, 72085210, 72085299, 72085310, 72085390, 72085400, 72111300, 72111400, 72111900, 72126000, 72251910, 72253010, 72253030, 72253090, 72254015, 72254090, 72261910, 72269120, 72269191, 72269199Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8966
Turkey452373,88452373,88442539,66447456,77469183,40469183,40464083,58464083,5825%09.8967
India287227,31287227,31280983,24284105,28297900,24297900,24294662,20294662,2025%09.8968
Korea, Republic of179365,46179365,46175466,21177415,83186030,40186030,40184008,33184008,3325%09.8969
United Kingdom150045,49150045,49146783,63148414,56155620,95155620,95153929,42153929,4225%09.8976
Serbia159231,56159231,56155770,01157500,79165148,37165148,37163353,27163353,2725%09.8970
Other countries900290,25900290,25880718,72890504,48933743,65933743,65923594,27923594,2725%
2Non Alloy and Other Alloy Cold Rolled Sheets72091500, 72091690, 72091790, 72091891, 72092500, 72092690, 72092790, 72092890, 72099020, 72099080, 72112320, 72112330, 72112380, 72112900, 72119020, 72119080, 72255020, 72255080, 72262000, 72269200India156974,80156974,80153562,31155268,55162807,74162807,74161038,10161038,1025%09.8801
Korea, Republic of91042,2491042,2489063,0690052,6594425,2394425,2393398,8793398,8725%09.8802
United Kingdom84142,9984142,9982313,8083228,3987269,6287269,6286321,0386321,0325%09.8977
Ukraine69898,3169898,3168378,7869138,5472495,6272495,6271707,6271707,6225%09.8803
Serbia39631,7139631,7138770,1539200,9341104,3741104,3740657,5840657,5825%09.8805
Other countries321824,43321824,43314828,25318326,34333782,94333782,94330154,85330154,8525%
3.AElectrical Sheets (other than GOES)72091610, 72091710, 72091810, 72092610, 72092710, 72092810Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8808
United Kingdom532,59532,59521,01526,80552,38552,38546,38546,3825%09.8978
Iran, Islamic Republic of159,72159,72156,25157,98165,65165,65163,85163,8525%09.8809
Korea, Republic of244,60244,60239,29241,94253,69253,69250,93250,9325%09.8806
Other countries817,65817,65799,87808,76848,03848,03838,81838,8125%
3.B72251990, 72261980Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8811
Korea, Republic of33860,2133860,2133124,1233492,1635118,4035118,4034736,6834736,6825%09.8812
China29777,2929777,2929129,9629453,6230883,7730883,7730548,0830548,0825%09.8813
Taiwan23288,8723288,8722782,5923035,7324154,2524154,2523891,7023891,7025%09.8814
Other countries8303,998303,998123,478213,738612,568612,568518,948518,9425%
4.AMetallic Coated SheetsTARIC Codes: 7210410020, 7210410030, 7210490020, 7210490030, 7210610020, 7210610030, 7210690020, 7210690030, 7212300020, 7212300030, 72125020, 7212506120, 7212506130, 7212506920, 7212506930, 7225920020, 7225920030, 7225990011, 7225990022, 7225990023, 7225990041, 7225990045, 7225990091, 7225990092, 7225990093, 7226993010, 7226993030, 7226997011, 7226997013, 7226997091, 7226997093, 7226997094Korea (Republic of)36115,3736115,3735330,2535722,8137457,3637457,3637050,2237050,2225%09.8816
India51623,8951623,8950501,6451062,7753542,1653542,1652960,1852960,1825%09.8817
United Kingdom34028,3534028,3533288,6033658,4735292,7935292,7934909,1734909,1725%09.8979
Other countries454338,51454338,51444461,58449400,05471221,03471221,03466099,06466099,0625%
4.BCN Codes: 72102000, 72103000, 72109080, 72122000, 72125030, 72125040, 72125090, 72259100, 72269910 TARIC codes: 7210410080, 7210490080, 7210610080, 7210690080, 7212300080, 7212506180, 7212506980, 7225920080, 7225990025, 7225990095, 7226993090, 7226997019, 7226997096China123409,30123409,30120726,49122067,90127995,00127995,00126603,75126603,7525%09.8821
Korea (Republic of)160163,83160163,83156682,01158422,92166115,27166115,27164309,67164309,6725%09.8822
India73708,9673708,9672106,5972907,7876447,8876447,8875616,9275616,9225%09.8823
United Kingdom34028,3534028,3533288,6033658,4735292,7935292,7934909,1734909,1725%09.8980
Other countries100848,08100848,0898655,7399751,91104595,44104595,44103458,53103458,5325%
5Organic Coated Sheets72107080, 72124080India75642,8675642,8673998,4574820,6678453,6478453,6477600,8877600,8825%09.8826
Korea, Republic of68363,4068363,4066877,2467620,3270903,6870903,6870132,9970132,9925%09.8827
United Kingdom33563,9433563,9432834,2933199,1234811,1334811,1334432,7534432,7525%09.8981
Taiwan21910,1621910,1621433,8521672,0022724,3122724,3122477,3022477,3025%09.8828
Turkey15126,7815126,7814797,9414962,3615688,8715688,8715518,3415518,3425%09.8829
Other countries41252,5441252,5440355,7540804,1442785,4242785,4242320,3642320,3625%
6Tin Mill products72091899, 72101100, 72101220, 72101280, 72105000, 72107010, 72109040, 72121010, 72121090, 72124020China106758,00106758,00104437,17105597,58110724,96110724,96109521,43109521,4325%09.8831
United Kingdom38940,3738940,3738093,8438517,1140387,3440387,3439948,3439948,3425%09.8982
Serbia21429,3821429,3820963,5321196,4622225,6722225,6721984,0821984,0825%09.8832
Korea, Republic of15501,0515501,0515164,0715332,5616077,0416077,0415902,2915902,2925%09.8833
Taiwan12887,9912887,9912607,8212747,9013366,8913366,8913221,6013221,6025%09.8834
Other countries35715,0535715,0534938,6335326,8437042,1637042,1636639,5336639,5325%
7Non Alloy and Other Alloy Quarto Plates72085120, 72085191, 72085198, 72085291, 72089020, 72089080, 72109030, 72254012, 72254040, 72254060, 72259900Ukraine270017,57270017,57264147,62267082,59280051,01280051,01277006,97277006,9725%09.8836
Other countries554571,27554571,27542515,37548543,32575178,29575178,29568926,35568926,3525%
8Stainless Hot Rolled Sheets and Strips72191100, 72191210, 72191290, 72191310, 72191390, 72191410, 72191490, 72192210, 72192290, 72192300, 72192400, 72201100, 72201200Other countries105581,29105581,29103286,04104433,67109504,53109504,53108314,26108314,2625%
9Stainless Cold Rolled Sheets and Strips72193100, 72193210, 72193290, 72193310, 72193390, 72193410, 72193490, 72193510, 72193590, 72199020, 72199080, 72202021, 72202029, 72202041, 72202049, 72202081, 72202089, 72209020, 72209080Korea, Republic of47773,9547773,9546735,3947254,6749549,1649549,1649010,5849010,5825%09.8846
Taiwan44302,3944302,3943339,2943820,8445948,5945948,5945449,1545449,1525%09.8847
India29610,2329610,2328966,5329288,3830710,5030710,5030376,6930376,6925%09.8848
South Africa25765,6825765,6825205,5625485,6226723,1026723,1026432,6326432,6325%09.8853
United States24090,9324090,9323567,2123829,0724986,1124986,1124714,5224714,5225%09.8849
Turkey20046,6620046,6619610,8619828,7620791,5620791,5620565,5720565,5725%09.8850
Other countries63645,2963645,2962261,6962953,4966010,2566010,2565292,7565292,7525%
10Stainless Hot Rolled Quarto Plates72192110, 72192190China4731,304731,304628,444679,874907,104907,104853,774853,7725%09.8856
India2007,052007,051963,421985,242081,632081,632059,012059,0125%09.8857
South Africa1374,321374,321344,441359,381425,391425,391409,891409,8925%09.8859
United Kingdom827,96827,96809,96818,96858,73858,73849,39849,3925%09.8984
Taiwan764,41764,41747,79756,10792,81792,81784,19784,1925%09.8858
Other countries1002,951002,95981,14992,041040,211040,211028,911028,9125%
12Non Alloy and Other Alloy Merchant Bars and Light Sections72143000, 72149110, 72149190, 72149931, 72149939, 72149950, 72149971, 72149979, 72149995, 72159000, 72161000, 72162100, 72162200, 72164010, 72164090, 72165010, 72165091, 72165099, 72169900, 72281020, 72282010, 72282091, 72283020, 72283041, 72283049, 72283061, 72283069, 72283070, 72283089, 72286020, 72286080, 72287010, 72287090, 72288000China135003,41135003,41132068,55133535,98140019,93140019,93138497,97138497,9725%09.8861
United Kingdom112785,82112785,82110333,95111559,89116976,77116976,77115705,28115705,2825%09.8985
Turkey101999,52101999,5299782,14100890,83105789,67105789,67104639,78104639,7825%09.8862
Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8863
Switzerland65555,0565555,0564129,9464842,5067990,9867990,9867251,9467251,9425%09.8864
Belarusnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8865
Other countries58414,1558414,1557144,2757779,2160584,7360584,7359926,2059926,2025%
13Rebars72142000, 72149910Turkey90856,9290856,9288881,7789869,3594233,0394233,0393208,7693208,7625%09.8866
Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8867
Ukraine42298,5042298,5041378,9641838,7343870,2443870,2443393,3943393,3925%09.8868
Bosnia and Herzegovina32685,8732685,8731975,3132330,5933900,4333900,4333531,9533531,9525%09.8869
Moldova, Republic of27318,0127318,0126724,1427021,0728333,1028333,1028025,1328025,1325%09.8870
Other countries132668,90132668,90129784,79131226,85137598,67137598,67136103,03136103,0325%
14Stainless Bars and Light Sections72221111, 72221119, 72221181, 72221189, 72221910, 72221990, 72222011, 72222019, 72222021, 72222029, 72222031, 72222039, 72222081, 72222089, 72223051, 72223091, 72223097, 72224010, 72224050, 72224090India30542,9230542,9229878,9430210,9331677,8431677,8431333,5231333,5225%09.8871
United Kingdom4463,474463,474366,444414,964629,334629,334579,014579,0125%09.8986
Switzerland4393,464393,464297,954345,714556,724556,724507,194507,1925%09.8872
Ukraine3393,313393,313319,543356,423519,403519,403481,143481,1425%09.8873
Other countries4956,514956,514848,764902,635140,685140,685084,815084,8125%
15Stainless Wire Rod72210010, 72210090India7103,747103,746949,317026,537367,707367,707287,627287,6225%09.8876
Taiwan4580,214580,214480,644530,434750,404750,404698,774698,7725%09.8877
United Kingdom3679,693679,693599,693639,693816,423816,423774,933774,9325%09.8987
Korea, Republic of2286,742286,742237,032261,882371,712371,712345,932345,9325%09.8878
China1548,741548,741515,071531,901606,281606,281588,831588,8325%09.8879
Japan1536,991536,991503,571520,281594,101594,101576,771576,7725%09.8880
Other countries773,87773,87757,04765,46802,62802,62793,90793,9025%
16Non Alloy and Other Alloy Wire Rod72131000, 72132000, 72139110, 72139120, 72139141, 72139149, 72139170, 72139190, 72139910, 72139990, 72271000, 72272000, 72279010, 72279050, 72279095United Kingdom176384,36176384,36172549,92174467,14182938,53182938,53180950,07180950,0725%09.8988
Ukraine118599,40118599,40116021,16117310,28123006,38123006,38121669,35121669,3525%09.8881
Switzerland130373,45130373,45127539,25128956,35135217,93135217,93133748,17133748,1725%09.8882
Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8883
Turkey113300,38113300,38110837,33112068,85117510,45117510,45116233,16116233,1625%09.8884
Belarusnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8885
Moldova, Republic of66581,7466581,7465134,3165858,0269055,8169055,8168305,2068305,2025%09.8886
Other countries116864,97116864,97114324,43115594,70121207,50121207,50119890,02119890,0225%
17Angles, Shapes and Sections of Iron or Non Alloy Steel72163110, 72163190, 72163211, 72163219, 72163291, 72163299, 72163310, 72163390Ukraine30113,2530113,2529458,6129785,9331232,2131232,2130892,7330892,7325%09.8891
Other countries64947,8564947,8563535,9464241,9067361,2167361,2166629,0366629,0325%
18Sheet Piling73011000China6736,446736,446590,006663,226986,766986,766910,826910,8225%09.8901
United Arab Emirates3333,903333,903261,433297,673457,793457,793420,203420,2025%09.8902
United Kingdom864,55864,55845,76855,16896,68896,68886,93886,9325%09.8990
Other countries274,44274,44268,47271,45284,63284,63281,54281,5425%
19Railway Material73021022, 73021028, 73021040, 73021050, 73024000United Kingdom4916,904916,904810,014863,465099,615099,615044,185044,1825%09.8991
Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8906
Turkey1498,141498,141465,571481,861553,811553,811536,921536,9225%09.8908
China1449,191449,191417,681433,441503,041503,041486,701486,7025%09.8907
Other countries759,42759,42742,91751,17787,64787,64779,08779,0825%
20Gas pipes73063041, 73063049, 73063072, 73063077Turkey47578,1447578,1446543,8347060,9949346,0749346,0748809,7048809,7025%09.8911
India18309,5618309,5617911,5318110,5518989,9218989,9218783,5118783,5125%09.8912
North Macedonia6762,546762,546615,536689,047013,837013,836937,596937,5925%09.8913
United Kingdom6432,956432,956293,106363,036671,996671,996599,476599,4725%09.8992
Other countries10690,6210690,6210458,2110574,4111087,8611087,8610967,3410967,3425%
21Hollow sections73066110, 73066192, 73066199Turkey94689,3294689,3292630,8693660,0998207,8398207,8397140,3597140,3525%09.8916
United Kingdom50502,0550502,0549404,1849953,1152378,6352378,6351809,2951809,2925%09.8993
Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8917
North Macedonia27955,7127955,7127347,9827651,8528994,5128994,5128679,3528679,3525%09.8918
Ukraine20676,3320676,3320226,8520451,5921444,6321444,6321211,5421211,5425%09.8919
Switzerland15453,3415453,3415117,4015285,3716027,5716027,5715853,3515853,3525%09.8920
Belarusnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8921
Other countries19871,6419871,6419439,6519655,6520610,0420610,0420386,0220386,0225%
22Seamless Stainless Tubes and Pipes73041100, 73042200, 73042400, 73044100, 73044983, 73044985, 73044989India5659,795659,795536,755598,275870,105870,105806,305806,3025%09.8926
Ukraine3543,953543,953466,913505,433675,643675,643635,693635,6925%09.8927
United Kingdom1798,901798,901759,801779,351865,751865,751845,471845,4725%09.8994
Korea, Republic of1114,071114,071089,851101,961155,471155,471142,911142,9125%09.8928
Japan1036,031036,031013,511024,771074,531074,531062,851062,8525%09.8929
China888,89888,89869,57879,23921,92921,92911,90911,9025%09.8931
Other countries2586,282586,282530,052558,162682,382682,382653,222653,2225%
24Other Seamless Tubes73041910, 73041930, 73041990, 73042300, 73042910, 73042930, 73042990, 73043120, 73043180, 73043950, 73043982, 73043983, 73043988, 73045181, 73045189, 73045982, 73045983, 73045989, 73049000China36946,0936946,0936142,9236544,5038318,9538318,9537902,4437902,4425%09.8936
Ukraine30880,7630880,7630209,4430545,1032028,2532028,2531680,1131680,1125%09.8937
Belarusnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8938
United Kingdom11268,0711268,0711023,1111145,5911686,7711686,7711559,7411559,7425%09.8995
United States8110,658110,657934,338022,498412,038412,038320,608320,6025%09.8940
Other countries43742,3743742,3742791,4543266,9145367,7745367,7744874,6444874,6425%
25.ALarge welded tubes73051100, 73051200Other countries115747,59115747,59113231,34114489,47120048,60120048,60118743,72118743,7225%
25.BLarge welded tubes73051900, 73052000, 73053100, 73053900, 73059000Turkey14371,4714371,4714059,0514215,2614905,4914905,4914743,4814743,4825%09.8971
China8134,628134,627957,788046,208436,898436,898345,188345,1825%09.8972
Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8973
United Kingdom5903,815903,815775,465839,646123,186123,186056,636056,6325%09.8996
Korea, Republic of2781,172781,172720,712750,942884,522884,522853,162853,1625%09.8974
Other countries6251,056251,056115,166183,116483,336483,336412,866412,8625%
26Other Welded Pipes73061100, 73061900 73062100, 73062900, 73063012, 73063018, 73063080, 73064020, 73064080, 73065021, 73065029, 73065080, 73066910, 73066990, 73069000Switzerland46275,3546275,3545269,3645772,3547994,8747994,8747473,1847473,1825%09.8946
Turkey36650,0836650,0835853,3436251,7138011,9438011,9437598,7737598,7725%09.8947
United Kingdom11192,0011192,0010948,7011070,3511607,8811607,8811481,7111481,7125%09.8997
Taiwan8671,668671,668483,148577,408993,888993,888896,128896,1225%09.8950
China7769,957769,957601,047685,508058,678058,677971,087971,0825%09.8949
Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8952
Other countries19298,9119298,9118879,3719089,1420016,0320016,0319798,4719798,4725%
27Non-alloy and other alloy cold finished bars72151000, 72155011, 72155019, 72155080, 72281090, 72282099, 72285020, 72285040, 72285061, 72285069, 72285080Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8956
Switzerland40584,1440584,1439701,8840143,0142092,1842092,1841634,6641634,6625%09.8957
United Kingdom24483,3224483,3223951,0824217,2025393,0825393,0825117,0725117,0725%09.8998
China25900,3125900,3125337,2625618,7926862,7326862,7326570,7426570,7425%09.8958
Ukraine29232,3029232,3028596,8228914,5630318,5330318,5329988,9829988,9825%09.8959
Other countries30366,4330366,4329706,2930036,3631494,8031494,8031152,4631152,4625%
28Non Alloy Wire72171010, 72171031, 72171039, 72171050, 72171090, 72172010, 72172030, 72172050, 72172090, 72173041, 72173049, 72173050, 72173090, 72179020, 72179050, 72179090Belarusnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8961
China75996,5575996,5574344,4575170,5078820,4778820,4777963,7277963,7225%09.8962
Russian Federationnot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicablenot applicable25%09.8963
Turkey49453,5249453,5248378,4548915,9851291,1451291,1450733,6350733,6325%09.8964
Ukraine37294,6037294,6036483,8536889,2238680,4138680,4138259,9738259,9725%09.8965
Other countries47545,8947545,8946512,2947029,0949312,6349312,6348776,6248776,6225%
IV.2 –Volumes of global and residual tariff–rate quotas per trimester
Product NumberAllocation by country (Where Applicable)Year 2Year 3
From 1.7.2022 to 30.9.2022From 1.10.2022 to 31.12.2022From 1.1.2023 to 31.3.2023From 1.4.2023 to 30.6.2023From 1.7.2023 to 30.9.2023From 1.10.2023 to 31.12.2023From 1.1.2024 to 31.3.2024From 1.4.2024 to 30.6.2024
Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)
1Other countries900290,25900290,25880718,72890504,48933743,65933743,65923594,27923594,27
2Other countries321824,43321824,43314828,25318326,34333782,94333782,94330154,85330154,85
3AOther countries817,65817,65799,87808,76848,03848,03838,81838,81
3BOther countries8303,998303,998123,478213,738612,568612,568518,948518,94
4AOther countries454338,51454338,51444461,58449400,05471221,03471221,03466099,06466099,06
4BOther countries100848,08100848,0898655,7399751,91104595,44104595,44103458,53103458,53
5Other countries41252,5441252,5440355,7540804,1442785,4242785,4242320,3642320,36
6Other countries35715,0535715,0534938,6335326,8437042,1637042,1636639,5336639,53
7Other countries554571,27554571,27542515,37548543,32575178,29575178,29568926,35568926,35
8Other countries105581,29105581,29103286,04104433,67109504,53109504,53108314,26108314,26
9Other countries63645,2963645,2962261,6962953,4966010,2566010,2565292,7565292,75
10Other countries1002,951002,95981,14992,041040,211040,211028,911028,91
12Other countries58414,1558414,1557144,2757779,2160584,7360584,7359926,2059926,20
13Other countries132668,90132668,90129784,79131226,85137598,67137598,67136103,03136103,03
14Other countries4956,514956,514848,764902,635140,685140,685084,815084,81
15Other countries773,87773,87757,04765,46802,62802,62793,90793,90
16Other countries116864,97116864,97114324,43115594,70121207,50121207,50119890,02119890,02
17Other countries64947,8564947,8563535,9464241,9067361,2167361,2166629,0366629,03
18Other countries274,44274,44268,47271,45284,63284,63281,54281,54
19Other countries759,42759,42742,91751,17787,64787,64779,08779,08
20Other countries10690,6210690,6210458,2110574,4111087,8611087,8610967,3410967,34
21Other countries19871,6419871,6419439,6519655,6520610,0420610,0420386,0220386,02
22Other countries2586,282586,282530,052558,162682,382682,382653,222653,22
24Other countries43742,3743742,3742791,4543266,9145367,7745367,7744874,6444874,64
25AOther countries115747,59115747,59113231,34114489,47120048,60120048,60118743,72118743,72
25BOther countries6251,056251,056115,166183,116483,336483,336412,866412,86
26Other countries19298,9119298,9118879,3719089,1420016,0320016,0319798,4719798,47
27Other countries30366,4330366,4329706,2930036,3631494,8031494,8031152,4631152,46
28Other countries47545,8947545,8946512,2947029,0949312,6349312,6348776,6248776,62
IV.3 –Maximum volume of residual quota accessible in last quarters to countries with a country specific quota
Product categoryNew alocated quota in tonnes
From 1.4.2023 to 30.6.2023From 1.4.2024 to 30.6.2024
1Special regimeSpecial regime
2318326,34330154,85
3.A808,76838,81
3.B8213,738518,94
4.A449400,05466099,06
4.BSpecial regimeSpecial regime
5No access to the residual quota in Q4No access to the residual quota in Q4
635326,8436639,53
7Not applicableNot applicable
8Not applicableNot applicable
9No access to the residual quota in Q4No access to the residual quota in Q4
10992,041028,91
1222671,9723514,42
1353215,9455193,36
143652,733788,46
15765,46793,90
1618138,6818812,69
17Not applicableNot applicable
18271,45281,54
19751,17779,08
20960,89996,60
21No access to the residual quota in Q4No access to the residual quota in Q4
222558,162653,22
2443266,9144874,64
25.ANot applicableNot applicable
25.B6183,116412,86
2619089,1419798,47
274699,244873,85
2847029,0948776,62
ANNEX VAttractiveness of Union market(1)In its original determination, the Commission explained that the Union steel market was attractive for imports in terms of size and pricesSee recital (35) of the Provisional Regulation, and Section 4 of the Definitive Regulation.. In this respect, according to OECD dataSee OECD, "Recent Developments in Steel Trade and Trade Policy Measures", DSTI/SC(2018)3, p. 9, table 3., in the years prior to the initiation of the investigation that led to the imposition of a safeguard measure, the Union market was the largest importing territory in terms of volumes, accounting from 13,8 % to 18,4 % of the global share of imports throughout this period.(2)In addition to the volumes, the Union market was also very attractive in terms of prices. In fact, an analysis of the relevant dataSource: DG TRADE calculations on Global Trade Atlas data (https://ihsmarkit.com/index.html)– raw data available upon subscription – period analysed: 2014-2017. For details see Note to the file dated 30 November 2022, table 1. showed that the main steel exporting countries to the Union achieved, for a large proportion of their exports (from 46 % to 78 % of the CN codes concerned), a higher price in the Union market as compared to the export prices achieved in other third markets for the same CN codes. For these countries, the Union market also represented an important share of their exports, being the main or among their main export destinations, in some cases reaching more than 25 % share and even reaching 32 % in a given yearIbid.(3)The attractiveness of the Union market was also confirmed by the fact that while the main steel exporting countriesThese countries were: China, India, Russia, South Korea, Taiwan, Türkiye and Ukraine, and represented around 75 % of total imports into the Union in 2018. were reducing exports to third countries, they were increasing their exports to the Union at a fast pace. In particular, exports to other third countries from these origins decreased by more than 11 million tonnes (-8 %) in 2018Data for full year 2018 extrapolated based on the data available for the period January-November 2018. when compared to 2017Source: Global Trade Atlas (https://ihsmarkit.com/index.html) – available upon subscription.. On the other hand, in the same period, imports into the Union from these origins increased by more than 3 million tonnes (+14 %)See recital (32) of the Provisional Regulation.. These opposite trends showed that while imports to other third countries decreased generally, in a context of increasing overcapacity and increased restriction to access markets worldwide (see Sections 1.1.1 and 1.1.2 below), and in the absence of any major positive developments in their domestic consumption, exporting producers seized the opportunity to dispose of ever larger volumes into the Union market.(4)Therefore, the above set of data shows that, unequivocally, the Union market was attractive for exporting producers in terms of both volumes and prices.1.ANALYSIS1.1.Increased imports as a result of unforeseen developments(5)The subsections below thus provide with additional information and a more detailed explanation linking each of the unforeseen developments identified with the increase in imports that took place, thereby supplementing the original findings.1.1.1.Increase of imports to the Union due to global overcapacity in the steel sector(6)In the original determination, the Commission established that overcapacity existed in the steel sector and that despite efforts aiming to reduce it; it had nevertheless increased over the period of investigationSee recitals (31) and (32) of the Provisional Regulation, and recitals (51) to (54) of the Definitive Regulation..(7)Several sources have consistently confirmed the direct link between excess capacity in the steel sector and its effects on exports. For instance, the OECD noted, "Excessive levels of steelmaking capacity have important implications for the steel industry, often associated with over-supply, low prices, and weak profitability"See OECD "Excess Capacity in the Global Steel Industry: The Current Situation and Ways Forward", 2015, p. 3.. It also noted that "At the global level, the effects of excess capacity are transmitted through trade; excess capacity can lead to export surges, leading to price declines and market share losses for import-competing domestic producers"See OECD "Evaluating the Financial Health of the Steel Industry", DSTI/SU/SC(2015)12/FINAL, 9 June 2017, p. 25..(8)Similarly, other studies point into the same direction. A 2014 "Economic Policy Institute" paperAvailable at: https://www.epi.org/publication/surging-steel-imports, which noted, “Excess capacity means that steel production facilities have the capacity to produce much more steel than the market demands. High fixed costs, capital intensity, and the large scale of steelmaking encourages to export the surplus at below-market rates. […] "Excess capacity leads to overproduction and surges of exports" and that "[t]he high capital intensity of the industry leads producers to maximize production to cover fixed costs, and this in turn leads them to dump excess production on foreign markets—particularly the attractive U.S. market—when domestic demand lags. This has led to repeated surges in unfairly traded steel over the years."(9)In the same vein the European Commission, in a 2016 Communication, also stated, "The excess production of steel has recently led to a dramatic increase of exports, the destabilisation of global steel markets and depression of steel prices world-wide."Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank – "Steel: Preserving sustainable jobs and growth in Europe"; COM (2016) 155 final, 16.3.2016..(10)Therefore, there is a generally accepted economic rationale explaining the action of exporting producers of offloading their excess capacity into third country markets (usually at lower prices) to at least contribute to covering part of their costs.(11)The Commission then assessed in further detail the direct link between the confirmed existing (and increasing) overcapacity in the steel sector, and the increase of imports into the Union.(12)In a situation of overcapacity, and having an incentive to offload their excess capacity, exporting producers would target those markets which allow them to sell, in principle, higher volumes at, ideally, better prices (as compared to other third markets). In this respect, the Commission explained in recitals (1) to (4) that the Union was an attractive market for exporting producers both in terms of size and price levels. The import data available also showed that imports into the Union had increased rapidly and in great volumes in the period where overcapacity was also increasingSee OECD "Excess Capacity in the Global Steel Industry: The Current Situation and Ways Forward", 2015, table at p. 2. and that they did it at much faster pace than Union consumptionThroughout the investigation period imports increased by 71 % while consumption increased by 14 %., and it also showed that imports to the Union continued to increase while the trend of exports to other third countries was the opposite. In addition, data in the Provisional Regulation showed that exporting producers were consistently undercutting Union producers (in some cases significantly), showing their determination to remain benefiting from the attractive conditions of the Union marketSpecifically, undercutting was established for 17 product categories, with ranges between 1,2 % and 23 %.. The magnitude and pace of imports into the Union at consistently lower prices than those of the Union industry, in a context of a much slower consumption growth, could have hardly been reasonably explained in the first place if it were not for a context of increasing overcapacity, which was at the core of exporting producers’ behaviour.(13)Accordingly, the Commission concluded that imports into the Union increased as a result of overcapacity in the steel sector in the original period of investigation.1.1.2.Increase of trade defence measures and trade restrictive measures in third countries(14)In recitals (33) and (34) of the Provisional Regulation, the Commission explained that there had been a significant increase in the use of trade defence instruments in the steel sector in particular in the years prior to the initiation of the EU safeguard investigation. The Provisional Regulation stated that "whereas during 2011-2013 on average around 77 steel-related investigations had been initiated per year, during 2015-2016 this average increased to 117". Furthermore, third countries continued throughout 2017 to impose trade restrictive measuresSee recital (33) of the Provisional Regulation..(15)In overall terms, the Commission observed from the dataSource: WTO, Integrated Trade Intelligence Portal (I-TIP) - Extraction made on 28/11/2018, 10:58. it analysed that more than 300 trade defence measures on steel productsCovering those steel products under the safeguard measure and excluding the measures imposed by the European Union, and those imposed against imports from EU exporting producers. For an overview of the TDI measures imposed by the European Union on product categories subject also to the safeguard measure see Annex 1.B. of Commission Implementing Regulation (EU) 2019/1382 of 2 September 2019, amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures (OJ L 227, 3.9.2019, p. 1). had been imposed in the period 2013-2017.(16)A breakdown of these figures revealed that these measures had been imposed by a large number of countries (at least 24 jurisdictions), and among them, all the main steel importing countriesFor reference of the main steel importing countries in the period of investigation, see OECD, "Recent developments in steel trade and trade policy measures - A closer look at non-tariff trade measures", DSTI/SC(2018)3, of 26 January 2018, page 9, table 3. Available at the following link. (https://one.oecd.org/document/DSTI/SC(20183/en/pdf). These countries had imposed 157 measures in the period 2013-2017, i.e. more than 52 % of the total.(17)At the same time, the top exporting countries to the Union were, in this period, subject to a large amount of measures in numerous jurisdictions. Taking as an example the top seven exporters to the UnionThese countries were (listed alphabetically): China (10 %), India (9 %), Korea (10 %), Russia (14 %), Taiwan (5 %), Türkiye (22 %) and Ukraine (7 %). They represented, on average, around 75 % of imports of the product concerned into the Union in the period 2013-2017., the Commission observed that they were subject to around 200 measures, this is, around 66 % of the total measures in place in at least 24 different third countries.(18)Therefore, the Commission confirmed that the magnitude of the TDI measures, in terms of number of individual measures and countries affected (both imposing and subject to the measures) was very significant. The Commission further noted that data on the original file suggested that these figures could be even rather conservativeSee recital (76) of EUROFER’s submission of 16 April 2018 in the original investigation, linked to more granular information on each of the measures considered, provided in Annex A07 D.1. Source of the data: SBB Platts.. In addition, the duties imposed pursuant to those measures appeared to be sufficiently high to impact the level of imports entering those markets as compared to the period before these measures were in place. This was reflected in an overall decrease in exports from countries subject to TDI measures into third markets (see recital (19)), despite the fact that the overall market conditions had not changed significantlySee CRU data: consumption for years 2017 and 2018 was rather stable (only around 2 % increase). and thus would not, in principle, justify a reduction of volumes exported of such magnitude if it was not for the effects of the level of the measures.(19)In this respect, the Commission confirmed based on the data analysed that a common effect of the imposition of trade defence measures was the reduction (in many cases significant) of imports into the countries subject to measures in the period subsequent to their imposition. In this regard, the Commission observed that, based on an analysis of its own TDI investigations on steel productsA similar trend was observed when assessing the impact of TDI measures on products other than steel., imports decreased on average by up to 82 % when compared to the level of imports in the investigation period that lead to the imposition of measures. In those cases, the volumes of imports affected were significantAround 15 million tonnes of combined imports affected by these measures, out of which, only slightly more than 2 million tonnes continued entering the market after the measures. For details, see Note to the File, table 2.. The Commission also confirmed that TDI measures on steel had a similar effect when imposed by third countries. In a sample of 26 cases assessedSee Note to the File dated 30 November 2022, Table 3., the Commission confirmed that the reduction of imports was on average 73 %, and that the volumes affected were also relevantTo impose a TDI measure, the volumes concerned by each investigation need to be above de minimis. In addition, steel is usually traded in rather large volumes as seen in the examples from EU TDI practice and from the sampled cases of TDI measures in other third countries.. Therefore, the imposition of TDI measures by third countries reduced the volume of exports to those countries, which were, at least partially, directed to the Union market.(20)Furthermore, another set of data showing the clear connection between the increasing number of trade defence measures in third countries and the increase in imports into the Union market is the opposing trends of exports of the main steel exporting countries to the Union explained in recital (3)These countries accounted consistently for around 75 % of total imports into the Union in the period of investigation.. In view of the large amount of trade defence measures imposed by third countries and the effects they have on the volumes of imports into the countries imposing a measure (as detailed in recitals (18) and (19)), this trend confirms that their ability to export to third countries was significantly curtailed. Therefore, they sought to dispose of these additional volumes (also affected by overcapacity) into the attractive Union market, which as a result experienced a consistent increase in imports over the same period, at a pace substantially higher than the evolution of consumption.(21)The graph belowSource: For imports into the Union: Eurostat; for TDI measures: WTO, Integrated Trade Intelligence Portal (I-TIP). illustrates these trends.02019R0159-20220701_en_img_1(22)The Commission also observed that the overall steel consumption did not see any major reduction in that period that would explain such a decrease in exports to third countries. Hence, the reduction of exports to other third countries could only be reasonably explained by the limiting effect of the wide array of TDI measures or other trade restrictive measures imposed by a large number of jurisdictions.(23)Accordingly, the Commission concluded that the increase in TDI and other trade restrictive measures across third countries had resulted in increased imports into the Union during the period considered.1.1.3.US Section 232 measure(24)In recitals (58) to (61) of the Definitive Regulation the Commission explained the link between the US Section 232 measures and the increase of imports into the Union. In addition, in recitals (101) to (110) of the Definitive Regulation, the Commission also assessed the evolution of imports into both the Union and US marketsFor the purpose of explaining the link of the US Section 232 and the increased imports, the Commission refers, within those recitals, only to the data until June 2018 included. The reason is that the increase in imports assessed in the Definitive Regulation covers up to that month..(25)Because the data assessed to determine an increase in imports stopped at the end of June 2018 (end of Most Recent Period or "MRP"), it covered import trends into the Union and into the US for a relatively short period after the US Section 232 came into effect. Nevertheless, as explained in recital (58) of the Definitive Regulation, the investigation leading to the US measure had already been initiated in April 2017 and the report setting the basis for the later adoption of the measure was published in January 2018, and hence the first signs of trade diversion were already identified.(26)The data showed that while during the first half of 2018 imports into the US decreased by almost 1 million tonnes (-7 %) when compared to the same period in 2017, imports into the Union followed an almost identical opposite trend, with an increase in imports of 1,2 million tonnes (+7 %).(27)This trend is explained because the main steel exporting countries to the Union also exported relevant volumes to the US market. While export volumes to the US were decreasing (as a result of the effects of the 25 % duty under the US Section 232), the volume of exports of some of these countries to the Union increased in parallel. Furthermore, and as explained in recital (3) above, exports from these countries into other third markets generally decreased.(28)Therefore, the impossibility to export in the same amounts to the US after the US Section 232 measure entered into force put exporting countries in a situation where they were forced to seek other outlets for their steel. In this case, because the Union market was very attractive in terms of size and prices compared to other third markets, it was a natural target for exporting countries and this resulted in increased imports, notably from origins who lost export volumes to the US. These trends are shown in the graphs belowSource: GTA, cumulated exports from Türkiye, Korea, Russia and Taiwan to the United States (graph 2); and cumulated exports from the same countries to the USA and the Union (graph 3)..02019R0159-20220701_en_img_202019R0159-20220701_en_img_3(29)In view of these facts, the Commission confirmed that the increase in imports into the Union that took place in the period of investigation was the result (together with the other unforeseen developments established) of the US Section 232 measure.Cumulative assessment(30)The Commission also concluded that the increase in imports occurred as a result of the combination of all the identified unforeseen developments (global overcapacity, increase of trade defence measures and trade restrictive measures in third countries and the US Section 232 measure). The existence of several unforeseen developments at the same time reinforces the finding of a logical connection between the increase in imports into the Union, which was an attractive and major market for steel exports, and the identified unforeseen developments.1.2.Threat of serious injury(31)The original determination established that if the Union did not impose a safeguard measure, there was a threat of serious injury for the domestic producers as imports were expected to continue increasing, notably due (but not limited) to trade diversion originating in the US Section 232 measure, and thus to add import pressure in terms of price and volumesSee recitals (90) and (110) of the Definitive Regulation.. This section of the Regulation will develop in further detail why a threat of serious injury existed and was well founded in light of the evidence available at the time of the imposition of the definitive measure. To do so, this section of the Regulation will provide additional explanations and clarifications on the following aspects leading to the finding of a threat of serious injury: i) situation of the Union industry and reasons explaining its partial recovery in 2017; ii) role of EU TDI measures in the situation of the Union industry; iii) impact of US Section 232 measure – including recent import evolution into the Union; iv) most recent evolution of steel and raw material prices; v) state of play of TDI measures in third countries and overcapacity; vi) market outlooks and forecasts.Continuous attractiveness of the Union market(32)In recitals (1) to (4) above, the Commission explained how the Union market was attractive in terms of size and prices and how these features contributed to an increasing amount of imports into the Union market in the period of investigation.(33)The Commission’s considered that these features remained the same at the end of the investigation that led to the imposition of the definitive safeguard, confirming that in 2018, the Union market continued to be an attractive market in terms of sizeSee OECD Steel Committee – Recent developments in steel trade and trade policy measures, 17-18 September, 2018, p. 8, Table 2 (showing that in 2018 Union was consolidating further its position as main steel importing country worldwide). and prices. The main steel exporting countries to the Union achieved a higher price in the Union market as compared to the export prices achieved in other third markets for 48 % to 81 % of the CN codes concernedSource: DG TRADE calculations on Global Trade Atlas data (https://ihsmarkit.com/index.html)– raw data available upon subscription. For details, see Note to the file dated 30 November 2022, Table 1.. Thus confirming the continuous attractiveness in terms of prices. Regarding size, the Union continued to be a relevant export market, representing for some exporting countries almost 40 % and for some of them around 25 % of their total exports, depending on the exporting countryIbid.(34)Furthermore, the Commission concluded that there were no elements among the data assessed, including submissions from interested parties, indicating that the Union market would become any less attractive in the near future. In fact, as shown in this Annex (see as an example subsections 1.2.3 and 1.2.5 below) there was an increasing lack of alternative outlets where exporting producers could reach the same or similar volumes of exports as they did in the past, and as a result the import pressure on the attractive Union market would increase even further.1.2.1.Situation of the Union industry and factors explaining its partial recovery in 2017(35)Section VI.1 of the Provisional Regulation and Sections 5.1 to 5.3 of the Definitive Regulation explained the situation of the Union industry at the end of the period analysed, and the evolution of the injury indicators since 2013, concluding that Union industry was in a fragile and vulnerable position.(36)The finding of vulnerability despite a partial improvement in 2017, was explained by a number of factors that allowed the Union industry to reach, only in 2017, overall healthier levels of profitability than in previous years despite continuous increasing importsImposition of TDI measures on some product categories also contributed to this improvement, but their specific role is analysed in Section 1.2.2..(37)First, the profitability of the Union industry throughout the period analysed showed a generally poor performance, incurring losses (2013) or achieving very low level of profits (2014-2016). While in 2017 the industry achieved for the first time in a period of five years a healthier level of profitability, this did not reach a magnitude that would make up for the previous performance over a four-year period. Even on that year, for a large number of product categories, profitability remained low. Three product categories remained loss making and 13 product categories close to break-even. Only seven product categories could recover to a level of profit above 6 % in 2017Recital (53) of the Provisional Regulation.. In this respect, a key different factor in 2017 related to the evolution and level of its unit sales prices and the difference with the cost of production compared with that of previous years. Regarding the price, in 2017 it increased by around 18 % with respect to the previous year (106 EUR/tonne increase). At the same time, even if the cost of production also increased in that year (by 82 EUR/tonne compared with the previous year)See Table 15 of the Definitive Regulation., the Union industry was able to achieve the biggest (positive) margin between the two in the period analysed (36 EUR/tonne), which resulted in higher profitabilityThese trends were assessed for the product concerned, and not for individual product categories.. However, this exceptionalBased on a comparison of all the years in the period analysed. situation was, according to the most recent developments analysed in the investigation not expected to be of a long-lasting nature and there were clear trends showing that it was already reversing (see Section 1.2.4).(38)Second, while the Union industry was able to increase its volume of sales in overall terms by 7 % in 2017 when compared to 2013See Table 4 of the Definitive Regulation., contributing to improving partially its performance in that year, it was clearly unable to fully benefit from a much higher increase in consumption in the same period (+14 %)Ibid in the Union market although it continued to have sufficient capacity available in 2017 (76 % in 2017 of capacity utilisation compared to 75 % in 2016)See Table 5 of the Definitive Regulation. to increase its domestic sales further. It is noteworthy that the Union industry barely improved its capacity utilisation in 2017 compared with the previous year. Such suppressed performance could be explained by the significant increasing import pressure (in terms of volumes and prices) that the Union industry suffered in the period assessed. In fact, imports benefitted to a much larger extent than Union producers from the increase in consumption. While Union producers lost market share consistently year-on-year (from 87,2 % to 81,9 %)See Table 4 of the Definitive Regulation. imports experienced a drastic increase (+71 %)See Table 2 of the Definitive Regulation., representing an increase in their market share from 12,7 % in 2013 to 18,8 % in 2017Ibid. The market share of imports in the MRP was 18,8 %, which was even higher than in 2017 (18,1 %). These trends could be explained by the consistent undercutting of importsSee Annex III of the Provisional Regulation., which thus prevented the Union industry from realising either the full (or at least a greater) potential of market developments.(39)Third, while market conditions overall improved (with increased consumption, domestic sales and price levels), the Union industry was still unable to translate this into more employment, which had suffered the loss of nearly 10000 workers in the Union in the period 2013-2017See Table 7 of Definitive Regulation.. In 2017 employment level even decreased very slightly compared to 2016. Lastly, stocks grew by 19 % over the investigation period and remained high in 2017See Table 5 of the Definitive Regulation..(40)Therefore, the Union industry improved partially its performance in 2017 as a result of a combination of factors, notably the increase in consumption and of domestic sales and the higher difference between steel and raw material priceSee Section 1.2.2. for the explanation of the role of recent TDI measures in the Union industry’s performance in 2017. but this improvement was nevertheless limited by the degree of import pressure suffered in that year, which did not allow the Union industry to benefit to a greater extent from such existing factors. The continuous loss of market share and the persistent undercutting across product categories, or the jobs that it was not able to recuperate, were clear signs that its situation was not that of an industry that had fully recovered from the effects of previous negative performances in previous years, and that import pressure was playing a key role in impeding such recovery.(41)Since some of these factors that developed positively in 2017 were reversing in 2018 (see below latest developments and expected performance for steel and raw material prices, as well as expected trends in consumption) in a situation where import pressure was expected to increase in terms of volumes and prices, the impact on the financial situation of the Union industry would be negative.(42)In other words, while the Union industry was able partially recover due to the cumulated positive developments of a series of key factors in the market and to slower increase of imports in 2017 compared with previous yearsTotal imports increased by around 1 million tons and their market share went up from 17,9 to 18,1 % from 2016 to 2017, which is less than previous year-on-year increases both in absolute and relative terms., the negative turn that most of these factors were showing at the end of 2018 would necessarily result in a worsening of the Union industry’s situation against the ongoing further increase of import pressure, which this time, due to its magnitude and the expected prevailing market context, the Union industry would not be able to sustain. As a result, the situation of the Union industry at the end of the investigation period was that of vulnerability to a further surge in imports.1.2.2.Role of Union TDI measures in the situation of the Union industry in 2017(43)In this Section the Commission provides the necessary additional explanations and supporting data regarding the role played by TDI measures on the partial recovery of the Union industry in 2017.(44)In the first place, to carry out this exercise, the Commission selected those measures imposed in the years 2015 and 2016 because the Commission considered that those would be the measures whose effects on the Union industry’s performance in 2017 could be partially attributed toIn this regard the Commission considered that, for instance, a TDI measure imposed in 2013 would be too far in time to be connected to the Union’s improved performance in 2017, and therefore, the selected measures offer a more accurate and appropriate basis for the analysis.. Therefore, under these parameters, prior to 2017 the Commission had imposed six TDI measures on imports from product categories which were subsequently subject to the safeguard measureIn some cases the scope of a TDI measure on a certain product, in terms of CN codes covered, may not Match entirely the product definition of the corresponding product category under the safeguard measure, thus this assessment is an approximation..(45)These measures were the followingThese references to these regulations pertain to the regulations imposing a provisional measure, because for practical purposes, as long as a duty (provisional or definitive) was in place, it was assumed to have a similar impact on the volumes traded. In all these cases, the investigation resulted in the imposition of a definitive measure.: Commission Implementing Regulation (EU) 2015/501Commission Implementing Regulation (EU) 2015/501 of 24 March 2015 imposing a provisional anti-dumping duty on imports of stainless steel cold-rolled flat products originating in the People's Republic of China and Taiwan (OJ L 79, 25.3.2015, p. 23)., Commission Implementing Regulation (EU) 2016/181Commission Implementing Regulation (EU) 2016/181 of 10 February 2016 imposing a provisional anti-dumping duty on imports of certain cold-rolled flat steel products originating in the People's Republic of China and the Russian Federation (OJ L 37, 12.2.2016, p. 1)., Commission Implementing Regulation (EU) 2016/1778Commission Implementing Regulation (EU) 2016/1778 of 6 October 2016 imposing a provisional 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 272, 7.10.2016, p. 33)., Commission Implementing Regulation (EU) 2016/113Commission Implementing Regulation (EU) 2016/113 of 28 January 2016 imposing a provisional anti-dumping duty on imports of high fatigue performance steel concrete reinforcement bars originating in the People's Republic of China (OJ L 23, 29.1.2016, p. 16)., Commission Implementing Regulation (EU) 2016/1777Commission Implementing Regulation (EU) 2016/1777 of 6 October 2016 imposing a provisional anti-dumping duty on imports of certain heavy plate of non-alloy or other alloy steel originating in the People's Republic of China (OJ L 272, 7.10.2016, p. 5). and Commission Implementing Regulation (EU) 2017/969Commission 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)..(46)The Commission observed that the profitability of Union producers in these product categories systematically improved in the year following the imposition of measures. In particular, the Commission found that, in 2017, profitability generally improvedSource: DG TRADE analysis of the injury indicators published in the relevant measures and analysis of the questionnaire replies provided by the Union industry per product category in the framework of the original safeguard investigation. For details, see Note to the File dated 30 November 2022, Table 4., although for a large number of category products profitability remained low, in particular for the product categories subject to recent TDI measures, and that import prices of third countries (other than those subject to the TDI measures in question) generally increased temporarily in 2017 following the imposition of the TDI measuresSource: Eurostat.(47)Furthermore, the volumes affected by the recent trade defence measures represented around 40 % of total imports within the product categories subject to recent TDI measures in the period consideredThe sum of imports subject to TDI measures by these investigations (although they concern different periods of investigation and different years, e.g. 2013 to 2015) was slightly above 5 million tonnes. and in the years following the imposition of those TDI measures their volumes in the Union market went down by more than 90 %Source: DG TRADE analysis of its own TDI cases for the volume of imports in the relevant investigation period, and Eurostat for import figures following the investigation period of each of these investigations for this implementation.. Therefore, the substantial reduction of unfair traded imports that ensued the imposition of measures generally allowed Union producers and other exporting countries to increase their sales prices in 2017.(48)Moreover all product categories subject to recent trade defence measures experienced a significant improvement in profitabilityCategories 1, 2, 7, 9, 12 and 13., several of which exceeded 6 % in 2017Categories 1, 2 and 9.. For the rest of categories, the picture was more diverse, with few categories exceeding or reaching close to 6 % profitabilitySee categories 4, 8 and 14., other categories improving but still showing weak or low profitability levelsSee categories 5, 6, 15, 16 and 26, and others loss-making or around 1 % profitabilitySee categories 3, 17, 18, 20, 21, 22, 23, 25 and 28., irrespective of the recent trends. Thus showing that the picture in terms of evolution of profitability was not homogeneous among categories and that in overall terms, most categoriesAt least fifteen categories out of a total of twenty three subject to a provisional measure (for which a breakdown was provided in Annex III of the Provisional Regulation. were, in 2017, either loss making or with unhealthy levels of profitability, even if their situation had improved in some cases as compared to the previous year. Thus confirming the fragility of the overall situation of the Union industry despite the situation being better than the preceding year.(49)However, as explained below, the trend of increasing pricing in 2017 was temporary and started reversing in 2018 when the Union was faced with a surge in imports mainly from third countries not subject to trade defence measures and the trade diversion caused by the US Section 232 measure. This is shown by the volume of imports in the MRP that reached a record figure of 31314 tonnes despite the imposition of recent trade defence measures in some product categories. This showed that while recent TDI measures contributed to the partial and temporary improvement of the Union industry, they also benefitted those exporting countries not subject to measures, which had also started to increase significantly their presence in the Union marketFor instance, Türkiye increased its presence in the Union market in category 1, where China was made subject to TDI measures in October 2016, from 1062247 tonnes in 2016 to 2 million tonnes in 2017 (and nearly 3 million tonnes in 2018. In the same vein, India increased from 443551 tonnes to 1121334 tonnes in 2017, or Egypt, from 47400 tonnes in 2016 to 409432 tonnes in 2017..(50)Hence, the Commission confirmed that the imposition of TDI measures contributed to the overall performance of Union producers, insofar as these categories were concernedSection 1.2.1. explained the reasons behind the overall improvement of the Union industry regarding the product concerned..(51)In addition, the reasoning in sections 1.2.1 and 1.2.2 clearly showed that some factors explaining the partial recovery of the Union (e.g. consumption) did not affect or benefit Union producers and exporting countries equally or similarly, as the latter were able to increase greatly (+71 % in volumes) their presence in the Union market at the expense of Union producers which lost market share, and only saw a relatively modest increase in overall sales volumes (+7 %) when compared to the continuous growth of imports.1.2.3.Impact of US Section 232 measure(52)In the Definitive RegulationSee recitals (57) to (62), and Table 12 of the Definitive Regulation. the Commission reached the conclusion that the US Section 232 would be liable of significant trade diversion into the Union market.(53)In this respect, the Commission has conducted a more detailed analysis of the import patterns into the Union and the USA, both in overall terms and then further analysing the behaviour of certain exporting countries. This analysis showed that when comparing the imports into the US and into the Union in the first half of 2018 with the first half of 2017, imports into the US decreased by almost 1 million tonnes (-7 %) when compared to the same period in 2017, imports into the Union followed an almost identical opposite trend, with an increase in imports of 1,2 million tonnes (+7 %) (See recital (26) above). When assessing the developments in the second half of 2018 and the same period in 2017, these opposing trends become more acute. In fact, imports into the US decreased by 2,4 million tonnes (-19 %) while imports into the Union increased by more than 2 million tonnes (+15 %)To put this volume into context, a basic calculation taking the average steel price in the Union in 2017 shows that the EU industry could lose out on around 1,4 billion EUR worth of domestic sales as a result of these additional imports. Thus showing that the potential impact of these additional sales was relevant..(54)This resulted in an overall yearly reduction of imports into the US of 3,3 million tonnes (-13 %) and an increase of imports into the Union of 3,2 million tonnes (+11 %), out of which 72 % of the total volumes reduced into the US and 63 % of the imports increase in the Union took place in the second half of 2018Whereas the increase in imports into the Union from 2016 to 2017 was much smaller, around 1 million tonnes..(55)Therefore, the pace and magnitude at which these trends of imports accelerated in the second half of 2018 showed that the impact of the US Section 232 measure was taking progressively more effect as it had been in place already for a few months, and that exporting countries were rapidly adjusting to the new market situationSee also OECD Steel Committee – Recent developments in steel trade and trade policy measures, 17-18 September, 2018, p. 8, Table 2..(56)Zooming in into the behaviour of exporting countries to both the US and EU market, the Commission confirmed this trend. For instance, countries like Türkiye, Russia, South Korea and TaiwanAt the time of the adoption of the definitive safeguard measure, only the following four TDI measures affecting imports into the Union were in place (three against Russia and one against Taiwan): Commission Implementing Regulation (EU) 2017/1795 of 5 October 2017 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, Russia and Ukraine and terminating the investigation on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Serbia (OJ L 258, 6.10.2017, p. 24). Commission Implementing Regulation (EU) 2016/1328 of 29 July 2016 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain cold rolled flat steel products originating in the People's Republic of China and the Russian Federation (OJ L 210, 4.8.2016, p. 1). Commission Implementing Regulation (EU) 2018/1469 of 1 October 2018 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 246, 2.10.2018, p. 20). Commission Implementing Regulation (EU) 2015/1429 of 26 August 2015 imposing a definitive anti-dumping duty on imports of stainless steel cold-rolled flat products originating in the People's Republic of China and Taiwan (OJ L 224, 27.8.2015, p. 10)., which accounted for significant volumes of exports to the US and to the Union, saw the following trends in 2018 when compared to 2017: Türkiye decreased its exports to the US by around 850000 tonnes (-45 %) and it increased its exports to the Union by 2,6 million tonnes (+56 %). Similarly, Russia’s exports to the US went down by more than 250000 tonnes (-36 %) and increased by 870000 tonnes (+23 %) in the Union, South Korea’s exports to the US decreased by more than 880000 tonnes (-27 %) while increasing in the Union by around 250000 tonnes (+8 %), and lastly Taiwan’s exports to the US went down by around 160000 tonnes (-14 %) while increased by more than 500000 tonnes (+40 %) in the UnionSource: for US imports (GTA); for EU imports (Eurostat)..(57)Therefore, these figures showed that exporting producers were generally able to ship, at least part of the volumes lost in the US, to the Union market, and in some cases to increase their presence in the Union market well above the volumes lost in the US. Given the size of the US marketThe US steel market was among the top import destinations by size - See OECD, "Recent Developments in Steel Trade and Trade Policy Measures", DSTI/SC(2018)3, p. 9, table 3., the fact that the US Section 232 measure was still in its first months of application and hence had not yet reached its full intended effectsSee recital (35) of the Provisional Regulation: "The U.S. have calculated that the imposition of a single across product tariff under the Section 232 measures with almost no country exclusion should decrease imports by approximately 13 million tonnes – corresponding to 7 % of Union consumption.", it was reasonable to expect that the exports to the US would continue to decrease in significant volumes and that exporting producers would be able to adapt to these circumstances and increase their presence in the Union market even further.(58)Therefore, the Commission confirmed that the US Section 232 measure was liable to cause an even greater trade diversion of exports into the Union market in the near future.1.2.4.Most recent evolution of steel and raw material prices(59)In the Definitive Regulation the Commission noted that "steel prices in the Union started to follow a declining trend since the third quarter of 2018"See recital (89) of the Definitive Regulation..(60)In this respect the Commission observed in section 1.2.1 above, that one of the factors that explained a partial improvement in the Union industry’s performance in 2017 was that the difference between steel price and raw material cost was higher than in any of the previous years of the period analysed. However, a further detailed analysis of the most recent developments prior to the imposition of a definitive measure showed that the trend was reversing and that the positive difference between the two was squeezing progressively, and therefore that would have a negative impact on the economic performance of the Union industry.(61)As shown in the graph 4 belowSource: Eurostat for import prices, and S&P Global Commodity Insights for prices of HDG and HRC., steel prices in the Union saw a steady decline in the second half of 2018. This trend could be expected to continue in light of the uncertain market prospects (see Section 1.2.6) and as a result of the continuous and increasing import pressure in terms of volumes and prices, which against a worsening or uncertain market conditions, would likely have a downwards effect on prices, thus not allowing Union industry to adapt its prices to the increased costs. In the graph 5Source: S&P Global Commodity Insights. it is observed how the price of some of the main steelmaking raw materials were increasing constantly over the same period.02019R0159-20220701_en_img_402019R0159-20220701_en_img_5(62)Therefore, such combined trends, for which there were no signs of reversal in the near future, would put the Union industry in an even more strained financial situation.(63)In addition, the Commission considered that in a likely scenario of further import pressure and in a market that was not to experience any significant growth, the trends of undercutting domestic prices identified in the original investigation would exacerbate further. Thus creating additional difficulties to Union producers who would face the decision either to compete for market share, at the expense of more sustainable prices, or to preserve a higher level of prices at the expense of continuing to lose market share. In both scenarios, its financial performance would be negatively impacted.(64)Furthermore, the Commission noted that this evolution in prices coincided with the period when a provisional safeguard measure was already in place (since mid-July 2018). Therefore showing that exporting countries were having an even more aggressive import behaviour under the measure, and showing their continued interest to enter the Union market in large volumes despite a provisional safeguard measure being in place.1.2.5.State of play of TDI measures in third countries and overcapacity(65)In Sections 1.1.1 and 1.1.2 the Commission explained the evolution and more recent situation of overcapacity and TDI measures in third countries. In view of that information, the Commission considered that it was highly unlikely that there would be a reversal of the existing situation in the near future. For instance, TDI measures are usually imposed for a period of five years, and they can be prolonged further. In particular, because many of the measures had been imposed within the few years prior to the adoption of the EU steel safeguard measureAround 140 of the investigations that led to the adoption of measures were initiated in the year 2015 or later, hence their duration was set to be in place, in principle, until at least 2021 (this is, at least 2 years after the conclusion of the EU safeguard investigation). Source: WTO, Integrated Trade Intelligence Portal (I-TIP)., they were set to continue in place a least for the immediate future. Regarding overcapacity, the reports referred to by the Commission did not indicate that there were signs that overcapacity was going to go down to any significant extent, if anything, they suggested that the situation of global overcapacity in the sector could even deteriorate furtherSee OECD, "Recent Developments in Steelmaking Capacity", DSTI/SC(2018)2/FINAL: "the updated information on announced investment projects suggests that nearly 52 million tonnes of gross capacity additions are currently underway and could come on stream during the three-year period of 2018-20. An additional 39 million tonnes of capacity additions are currently in the planning stages for possible start-up during the same time period".. In fact, the Global Forum of Steel Excess capacity was also very clear in concluding that overcapacity continued to be an ongoing problem in late 2018. It noted, "Excess steelmaking capacity – a global challenge that continues to plague the sector – creates significant difficulties for steel producers in advanced, emerging and developing economies alike"Global Forum on Steel Excess Capacity, Ministerial Report, 20 September 2018, paragraph 2..(66)The proven effects that these factors had caused in the Union market in the form of substantial increase in imports were detailed in Section 1.1 above, as well as in the Definitive Regulation. As they were set to continue in place in the near future, their effects were thus expected to be of the same nature and therefore, together with the U.S Section 232 measure would generate a further increase of imports into the Union, with ensuing negative effects on the Union industry, if no safeguard measure was imposed.(67)Therefore, the Commission concluded that these elements would continue to play an important role in the Union steel market in the near future and were thus pertinent for the analysis of a threat of serious injury.1.2.6.Market outlooks and forecasts(68)Throughout the period analysed, consumption of steel in the Union market increased year-on-yearDefinitive Regulation, table 4.. This trend allowed the Union industry to, generally, also increase its volume of sales, which in turn allowed it to alleviate to some extent the effects of the import pressure it was subject to and showed by the persistent undercutting and steady loss of market share. As explained in Section 1.2.1, in 2017 this increase in sales in a context of a recovery in prices (both in overall terms and when compared to evolution of costs) allowed to the Union industry to partially recover from a consistent negative financial performance in previous years. In Section 1.2.4, the Commission observed a downward trend in steel prices in the Union parallel to an increase in raw material prices.(69)The Commission then assessed the economic outlooks and forecasts for the period that would follow the conclusion of the investigation in order to assess the existence of a threat of serious injury, analysing a variety of specialized market sources.(70)In this regard, sources consistently pointed to a scenario of uncertainty and cooling down of worldwide steel demand in the near future. Worldsteel Association noted, "deceleration in steel demand will continue into 2019 (…). No deal Brexit and trade war pose risks"See Worldsteel Association – Global Steel Market Outlook – OECD Steel Committee Meeting, 17 September 2018.. It also recalled, "While the strength of steel demand recovery seen in 2017 was carried over to 2018, risks have increased. Rising trade tensions and volatile currency movements are increasing uncertainty"See Worldsteel Association - Worldsteel Short Range Outlook October 2018, Press Release..(71)The OECD noted, "recovery (of steel market conditions) looks fragile because of persistent structural imbalances"See OECD Steel Market Developments, 85th Session of the Steel Committee, September 2018. See also pages 7 and 8 of OECD Global Economic Outlook, 17 September 2018, showing a downwards revision of growth expectations (also in the Union), and that "global trade had slowed amid growing trade policy uncertainties".. Other market sources like S&P Global Platts echoed this uncertainty sentiment in its Global Market Outlook of December 2018.(72)Moreover, the Global Forum on Steel Excess Capacity concluded in September 2018 "While steel market conditions have shown some cyclical recovery in 2017, the underlying trend in global steel demand remains weak and excess capacity remains significant"Global Forum on Steel Excess Capacity, Ministerial Report, 20 September 2018, paragraph 2..(73)In the same vein, Eurofer (an EU Steel Association), noted "(…) ongoing trade frictions with the US, and cooling global demand, suggest that external risks could continue to climb, which in turn would increase uncertainty and lead to weakening prospects for EU steel users"See EUROFER – Economic and Steel Market Outlook 2018-2019, 25 October 2018..(74)Therefore, the data analysed from a variety of sources consistently showed that the expectation was that at best, a modest increase in steel consumption would take place although this was not even certain as prospects were deteriorating amid growing uncertainty. As a result, the stagnating global steel demand would make it even more likely that steel exporters would sell into the attractive Union market.Conclusion on threat of serious injury(75)The data analysed in this Section confirmed that imports were very likely going to increase in relevant volumes and that import pressure was thus going to continue, both on volumes and prices, as a result of the persistent overcapacity and the increasing number of TDI measures in third countries, whose effects on exports would continue. In addition, the effects of the US Section 232 would very likely be felt more strongly as months passed by, thus adding further pressure to the Union market through an increased risk of trade diversion, the first signs of which had already materialised.(76)Against this background, the Commission also confirmed the opposing trends of steel and raw material prices in the second half of 2018, and the uncertain market outlook for the near future.(77)Therefore, in view of the elements analysed in this Annex, together with the findings in the original determination the Commission confirmed that there was a threat of serious injury and that such serious injury would have materialised if the Commission had not imposed a definitive safeguard measure.1.3.Obligations whose effect resulted in the increase in imports(78)Article XIX:1(a) of the GATT 1994 stipulates, in relevant part: "[i]f, as a result … of the effect of the obligations incurred by a [Member] under this Agreement, including tariff concessions, any product is being imported into the territory of that [Member] in such increased quantities …".(79)The product in question comprises several tariff linesSee Annex I to the Definitive Regulation..(80)On all of these tariff lines, the European Union has, as a result of tariff concessions made in past rounds of multilateral trade negotiations, the tariff commitments ofFor further details see Note to the file dated 30 November 2022, Table 5.:0 % ad valorem(81)These concessions were inscribed, at the time of the safeguard determination, in Part I, Section II of the European Union’s Schedule of Concessions and Commitments, certified as Schedule EU CLXXIII – European Union on 1 December 2016WTO doc. WT/Let/1220, as amended. The column for "other duties and charges" in that Schedule and regarding the above tariff lines was empty.(82)As a result of these concessions inscribed in the European Union’s Schedule of Concessions and Commitments, annexed to the GATT and incorporated pursuant to Article II:7 of the GATT 1994, the European Union had, at the time of the safeguard determination, obligations incurred under the GATT 1994 notably as follows: Article XI:1, prohibiting non-tariff restrictions on the importation of the above-listed products, and, importantly, Article II:1(a) and Article II:1(b), first and second sentences, of the GATT 1994. Under Article II:1(b), first sentence, the EU is not allowed, absent an applicable exception, to impose ordinary customs duties on the product in question in excess of those set forth and provided in the relevant part of the EU’s Schedule of Concessions and Commitments, i.e. the zero rate pointed out above for each of the tariff lines covered. At the time of the original safeguard determination as well as of the imposition of the definitive safeguard measure, the EU’s applied import tariffs on the product covered by the safeguard was 0 %. In other words, for ordinary customs duties, these applied tariffs were already the maximum permitted under Article II:1(a) and Article II:1(b), first sentence, of the GATT 1994. As for other duties or charges, no flexibility existed under Article II:1(b), second sentence, for introducing additional other duties or charges than ordinary customs duties.(83)The product subject to the safeguard was being imported in increased quantities (as established in the definitive safeguard) as a result of the above obligations undertaken under the GATT 1994 (Article XI:1, Article II:1(a) and II:1(b), first and second sentences, of the GATT 1994), because those obligations, combined with the tariff concessions which the European Union made in the successive rounds of multilateral trade negotiations, enhanced and secured the conditions of market access for imports of the product subject to the safeguard on the market of the European Union. The above-mentioned tariff commitments of the European Union thus resulted in the increase in imports and gave no leeway for the EU to increase ordinary customs duties in lieu of introducing a safeguard measure. This simultaneously explains how the obligations in question resulted in the increase in imports that threatened to cause serious injury.(84)The GATT obligations specified simultaneously prevented the EU from increasing the applied import duties on the product at issue. These were thus, the European Union’s "obligations of the GATT 1994 [which] constrain[ed] its ability to prevent or remedy injury from an increase in imports". Concomitantly, the European Union "suspend[ed] those obligations as a result" of its safeguard measure.
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