INHALT

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

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.
PROCEDURE
1.1.
Initiation
1.2.
Registration
1.3.
Investigation period and period considered
1.4.
Interested parties
1.5.
Comments on initiation
1.5.1.
Comments by the GOI concerning initiation
1.5.2.
Comments by the GOID concerning initiation
1.6.
Sampling
1.6.1.
Sampling of Union producers
1.6.2.
Sampling of importers
1.6.3.
Sampling of exporting producers in the countries concerned
1.6.3.1.
India
1.6.3.2.
Indonesia
1.7.
Individual examination
1.8.
Questionnaire replies
1.9.
Verification visits
1.10.
Non-imposition of provisional measures and subsequent procedure
1.11.
Final disclosure
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product concerned
2.2.
Like product
2.3.
Claims regarding product scope
3.
SUBSIDISATION: INDIA
3.1.
Subsidies and subsidy programmes within the scope of the investigations
3.2.
Schemes for which evidence of subsidisation was not found
–
Pre-shipment and post-shipment credit financing
–
Interest equalization scheme for export financing
–
Incentives provided by Export Credit Agencies
–
Preferential loans of State Bank of India (‘SBI’) and Steel Development Fund (‘SDF’)
–
Research and Development Grants of SDF and Ministry of Steel
–
Duty Exemptions and Remissions Schemes
–
Incentives for Export Oriented Units (‘EOU’) and Special Economic Zones (‘SEZ’)
–
Income tax incentives
–
The provision of iron ore for less than adequate remuneration
–
Purchases of goods through Government procurement policies
–
Incentives provided by Exim Bank in the form of Buyers Credits
–
Incentives provided by the local subsidy schemes of the State of Gujarat
–
Electricity stamp deduction (Government of Gujarat)
3.3.
Schemes for which evidence of subsidisation was found
3.3.1.
Duty exemption and remission schemes
–
Advanced Authorisation Scheme (‘AAS’)
(a) Legal basis
(b) Eligibility
(c) Practical implementation
(d) Conclusion on the AAS
(e) Calculation of the subsidy amount
–
Duty Drawback Scheme (‘DDS’)
(a) Legal basis
(b) Eligibility
(c) Practical implementation
(d) Conclusion on the DDS
(e) Calculation of the subsidy amount
–
Export Promotion of Capital Goods Scheme
(a) Legal basis
(b) Eligibility
(c) Practical implementation
(d) Conclusion on the EPCGS
(e) Calculation of the subsidy amount
–
Merchandise Export from India Scheme (‘MEIS’)
(a) Legal basis
(b) Eligibility
(c) Practical implementation
(d) Conclusion on MEIS
(e) Calculation of the subsidy amount
3.3.2.
Provision of chromium ore for less than adequate remuneration
3.3.2.1.
The complaint and the subsidy scheme
3.3.2.2.
Legal basis
3.3.2.3.
Findings of the investigation
(a) The application of the provisions of Article 28(1) of the basic Regulation
(b) Analysis
(i) Financial contribution
IND, Chromiun exports (HS 261000)
(ii) Benefit and calculation of the subsidy amount
(iii) Specificity
(c) Conclusions on the provision of chromium ore for less than adequate remuneration
3.3.3.
Pass-through of the upstream subsidies
3.4.
Amount of countervailable subsidies
4.
SUBSIDISATION: INDONESIA
4.1.
Subsidies and subsidy programmes within the scope of the investigations
4.2.
Pass-through ratios
4.3.
Background on the preferential policies for the domestic stainless steel industry
4.4.
Provision of nickel ore for less than adequate remuneration
4.4.1.
The complaint and the subsidy scheme
4.4.2.
Legal basis
4.4.3.
Findings of the investigation
4.4.3.1.
The application of the provisions of Article 28(1) of the basic Regulation
4.4.3.2.
Analysis
4.4.3.2.1. Financial contribution
(i) Mining companies acting as public body
(ii) Mining companies entrusted or directed by the GOID
4.4.3.2.2. Benefit
4.4.3.2.3. Specificity
4.4.3.3.
Conclusions
4.5.
Cooperation between Indonesia and China and the Morowali Industrial Park
4.5.1.
Introduction and factual context
4.5.1.1.
Legal basis
4.5.2.
Partial non-cooperation and use of facts available in relation to support in the Morowali Park
4.5.2.1.
Application of the provisions of Article 28(1) of the basic Regulation in relation to the GOID
4.5.2.2.
Application of the provisions of Article 28(1) of the basic Regulation in relation to the GOC
4.5.3.
Legal and policy documents of the bilateral cooperation framework between the GOID and the GOC
4.5.4.
Preferential financial support in the context of the bilateral cooperation
4.5.5.
The Morowali Industrial Park
4.5.6.
Joint management through IMIP
4.5.7.
Other bilateral administrative mechanisms implementing the bilateral cooperation
4.5.8.
Legal assessment
4.5.8.1.
Financial contribution of a government or a public body
4.5.8.2.
Benefit
4.5.8.3.
Specificity
4.5.9.
Comments on final disclosure
4.5.9.1.
Comments on financial contribution
4.5.9.2.
Comments on the Morowali Park
4.5.9.3.
Comments on specificity
4.5.9.4.
Comments on non-cooperation in relation to the GOID
4.5.9.5.
Comments on non-cooperation in relation to the GOC
4.5.10.
Conclusion
4.6.
Preferential financing
4.6.1.
Loans from policy banks to IRNC and related companies
4.6.1.1.
State-owned banks acting as public bodies
4.6.1.2.
Benefit and calculation of the subsidy amount
4.6.1.3.
Comments on final disclosure
4.6.2.
Loans from shareholders to the IRNC Group companies
4.6.3.
Credit line costs
4.6.3.1.
Findings of the investigation
4.6.3.2.
Calculation of the subsidy amount
4.6.4.
Support for capital investment
4.6.4.1.
Equity injection by the China-ASEAN Investment Cooperation Fund (‘CAF’)
4.6.4.2.
Provision of capital in kind for less than adequate remuneration and shareholder loans
4.6.4.3.
Calculation of the subsidy amount
4.6.4.4.
Comments on final disclosure
4.7.
Provision of coal for less than adequate remuneration
4.8.
Provision of land for less than adequate remuneration
4.8.1.
The complaint and the subsidy scheme
4.8.2.
Legal basis
4.8.3.
Findings of the investigation
4.8.4.
Benefit
4.8.5.
Specificity
4.8.6.
Calculation of the subsidy amount
4.8.7.
Comments on final disclosure
4.9.
Provision of stainless steel scraps for less than adequate remuneration
4.10.
Provision of electricity for less than adequate remuneration
4.11.
Provision of gas for less than adequate remuneration
4.12.
Government revenue foregone or not collected that is otherwise due
4.12.1.
Income tax holiday
(a)
Legal basis
(b)
Findings of the investigation
(c)
Conclusion
(d)
Calculation of the subsidy amount
4.12.2.
Income tax allowance facility
(a)
Legal basis
(b)
Findings of the investigation
(c)
Conclusion
(d)
Calculation of the subsidy amount
4.12.3.
Import duty exemption for machinery
4.12.3.1.
For the construction of production facilities
(a)
Legal basis
(b)
Findings of the investigation
(c)
Application of the provisions of Article 28(1) of the basic Regulation
(d)
Conclusion
(e)
Calculation of the subsidy amount
4.12.3.2.
Building/Development of Industry/Service Industry
4.12.3.3.
Bonded Zone
(a)
Legal basis
(b)
Findings of the investigation
(c)
Conclusion
(d)
Comments on final disclosure
(e)
Calculation of the subsidy amount
4.12.4.
VAT exemption for machinery
4.12.5.
Land and building tax (‘PBB’) on mining industry
4.12.6.
Conclusion on subsidisation
5.
INJURY
5.1.
Definition of the Union industry and Union production
5.2.
Union consumption
5.3.
Imports from the countries concerned
5.3.1.
Cumulative assessment of the effects of imports from the countries concerned
5.3.2.
Volume and market share of subsidised imports from the countries concerned
5.3.3.
Prices of the imports from the countries concerned and price undercutting
5.4.
Economic situation of the Union industry
5.4.1.
General remarks
5.4.2.
Macroeconomic indicators
5.4.3.
Microeconomic indicators
5.4.3.1.
Profitability, cash flow, investments and return on investments, and ability to raise capital
5.5.
Conclusion on injury
6.
CAUSATION
6.1.
Effects of the subsidised imports
6.2.
Effects of other factors
6.2.1.
Non-subsidised imports from Indonesia
6.2.2.
Imports from third countries
6.2.3.
Decrease in consumption
6.2.4.
Export performance of the Union industry
6.2.5.
Impact of raw material prices
6.2.6.
Price behaviour of the Union producers
6.3.
Conclusion on causation
7.
UNION INTEREST
7.1.
Interest of the Union industry
7.2.
Interest of unrelated importers and users
7.3.
Conclusion on Union interest
8.
DEFINITIVE COUNTERVAILING MEASURES
8.1.
Level of the definitive countervailing measures
8.2.
Special monitoring clause
9.
FINAL PROVISIONS
Article 1
Article 2
Article 3
Article 4
ANNEX 1
Information relating to the Second Half of 2020
(source and units are the same as in corresponding tables in the text unless stated otherwise; Indonesian data refers to all imports; indexes are extrapolated where needed and compared to 2017)
ANNEX 2
Indonesian cooperating exporting producer not sampled