Commission Implementing Regulation (EU) 2022/433 of 15 March 2022 imposing definitive countervailing duties on imports of stainless steel cold-rolled flat products originating in India and Indonesia and amending Implementing Regulation (EU) 2021/2012 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of stainless steel cold-rolled flat products originating in India and Indonesia

1 A definitive countervailing duty is imposed on imports of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), currently falling under CN codes 72193100, 72193210, 72193290, 72193310, 72193390, 72193410, 72193490, 72193510, 72193590, 72199020, 72199080, 72202021, 72202029, 72202041, 72202049, 72202081, 72202089, 72209020 and 72209080 and originating in India and Indonesia.

2 The definitive countervailing duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below, shall be as follows: CountryCompanyDefinitive countervailing dutyTARIC additional codeIndiaJindal Stainless Limited4,3 %C654Jindal Stainless Hisar Limited4,3 %C655Chromeni Steels Private Limited7,5 %C656All other Indian companies7,5 %C999IndonesiaPT. Indonesia Ruipu Nickel and Chrome Alloy21,4 %C657PT. Jindal Stainless Indonesia0 %C658Non-sampled cooperating company13,5 %See Annex 2All other Indonesian companies20,5 %C999

3 The application of the individual countervailing duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct’. If no such invoice is presented, the duty applicable to all other companies shall apply.

4 Unless otherwise specified, the provisions in force concerning customs duties shall apply.

5 In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.

‘2 The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows: CountryCompanyDefinitive anti-dumping dutyTARIC additional codeIndiaJindal Stainless Limited10,0 %C654Jindal Stainless Hisar Limited10,0 %C655Chromeni Steels Private Limited35,3 %C656All other Indian companies35,3 %C999IndonesiaPT. Indonesia Ruipu Nickel and Chrome Alloy9,3 %C657PT. Jindal Stainless Indonesia20,2 %C658Other companies cooperating in the anti-subsidy case, but not in the anti-dumping case19,3 %See Annex 2All other Indonesian companies19,3 %C999’

‘6 Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2022/433 be modified or removed, the duties specified in paragraph 2 shall be increased by the same proportion limited to the actual dumping margin found or the injury margin found as appropriate per company and from the entry into force of this Regulation.’

‘7 In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.’

1 Where the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159 becomes applicable to flat-rolled products of stainless steel, not further worked than cold-rolled, referred to in Article 1(1), and exceeds the equivalent ad valorem level of the combined countervailing and anti-dumping duty set out in Articles 1(2) and 2(1) respectively, only the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159 shall be collected.

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

3 Where the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159 becomes applicable to flat-rolled products of stainless steel, not further worked than cold-rolled, referred to in Article 1(1), and is set at a level lower than the equivalent ad valorem level of the combined countervailing and anti-dumping duty set out in Articles 1(2) and 2(1) respectively, the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159 shall be collected in addition to the difference between that duty and the higher of the equivalent ad valorem level of the anti-dumping duty set out in Article 1(2).

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

5 The suspensions referred to in paragraphs 2 and 4 shall be limited in time to the period of application of the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159.

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