Commission Implementing Regulation (EU) 2024/2137 of 2 August 2024 correcting and amending Implementing Regulation (EU) 2024/1475 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2024/2137of 2 August 2024correcting and amending Implementing Regulation (EU) 2024/1475 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the CouncilTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European UnionOJ L 176, 30.6.2016, p. 21, ELI: http://data.europa.eu/eli/reg/2016/1036/oj., and in particular Article 11(2) thereof,Whereas:(1)The Commission has identified some errors in its Implementing Regulation (EU) 2024/1475Commission Implementing Regulation (EU) 2024/1475 of 30 May 2024 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L, 2024/1475, 31.5.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1475/oj).. Implementing Regulation (EU) 2024/1475 needs to be corrected in order to provide clarity and legal certainty to business operators and to the Member States’ customs authorities, thus ensuring a proper implementation of that act. The errors subject to correction concern in particular an improved reasoning regarding the impact of the volume of dumped imports on the Union industry and the inclusion of three missing CN codes and three missing TARIC codes in Article 1 of the operative part.(2)By its Implementing Regulation (EU) 2019/159Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27, ELI: http://data.europa.eu/eli/reg_impl/2019/159/oj)., the Commission imposed a safeguard measure with respect to certain steel products for a period of three years. By Commission Implementing Regulation (EU) 2021/1029Commission Implementing Regulation (EU) 2021/1029 of 24 June 2021 amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports of certain steel products (OJ L 225I, 25.6.2021, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2021/1029/oj)., the safeguard measure was prolonged until 30 June 2024. By Commission Implementing Regulation (EU) 2024/1782Commission Implementing Regulation (EU) 2024/1782 of 24 June 2024 amending Implementing Regulation (EU) 2019/159, including the prolongation of the safeguard measure on imports of certain steel products (OJ L, 2024/1782, 25.6.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1782/oj )., the safeguard measure was prolonged until 30 June 2026. The product under review in Implementing Regulation (EU) 2024/1475 is one of the product categories covered by the safeguard measure. Consequently, once the tariff quotas established under the safeguard measure are exceeded, both the above-quota tariff duty and the anti-dumping duty would become payable on the same imports. As such cumulation of anti-dumping measures with safeguard measures may lead to an effect on trade greater than desirable, it is necessary to prevent the concurrent application of the anti-dumping duty with the above-quota tariff duty for the product under review for the duration of the imposition of the safeguard duty.(3)Accordingly, where the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 becomes applicable to the product under review and exceeds the level of the anti-dumping duties pursuant to Implementing Regulation (EU) 2024/1475, only the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 should be collected. During the period of concurrent application of the safeguard and anti-dumping duties, the collection of the duties imposed pursuant to Implementing Regulation (EU) 2024/1475 should be suspended. Where the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 becomes applicable to the product under review and is set at a level lower than the level of the anti-dumping duties in Implementing Regulation (EU) 2024/1475, the above-quota tariff duty referred to in Article 1(6) of Implementing Regulation (EU) 2019/159 should be collected in addition to the difference between that duty and the higher anti-dumping duties imposed pursuant to Implementing Regulation (EU) 2024/1475. The part of the amount of anti-dumping duties not collected should be suspended.(4)Implementing Regulation (EU) 2024/1475 should therefore be corrected and amended accordingly.(5)In order to minimise the period of legal uncertainty, this Regulation should enter into force as a matter of urgency. It should apply with effect from the date of application of Implementing Regulation (EU) 2024/1475, in order to ensure the application of that Implementing Regulation to all product types that were covered by the expiry review and ensure the correct application of the safeguard measures. The application of this Regulation with effect from the date of application of Implementing Regulation (EU) 2024/1475 would not produce any unfavourable consequences for those concerned in view of the fact that the corrections and amendments do not concern changes on substance and do not extend the scope of the measures.(6)The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,HAS ADOPTED THIS REGULATION: