AB'nin DTÖ'ye Nihai Korunma Önlemi Bildirimi

AB Komisyonu, Nihai Önleme ilişkin olarak Dünya Ticaret Komisyonu’na, çelik ürünleri ithalatına karşı almayı planladığı önleme ilişkin detayları içeren bildirimde bulundu. 4 Ocak 2019 itibariyle Dünya Ticaret Örgütü tarafından paylaşılan AB’nin Nihai Önlem bildirimi, daha önce piyasada dolaşan nihai önleme ilişkin bilgilerin ve kotaların doğru olduğunu teyid ediyor.

• AB Komisyonu'nun Alacağı Nihai Korunma Önlemine İlişkin Dünya Ticaret Örgütü'ne (DTÖ) Yapmış Olduğu Bildirim'e bu linkten ulaşabilirsiniz.
• Nihai Önlem geçici önlemde olduğu gibi, 2015-2017 ortalamasına dayalı tarife bazlı kota olacak.
• Tarifeler, yürürlükte kalacağı her bir yıl için % 5 oranında arttırılacak
• Kota üzerine % 25 oranında gümrük vergisi uygulanacak.
• Mevcut durumda, Sıcak Haddelenmiş Sac’larda (HRC) ithalatın % 60’ının yürürlükteki anti-damping ve telafi edici vergilerle engellendiği dikkate alınarak, bu ürün kategorisinde global kota uygulanacak.
• AB Komisyonu HRC dışındaki ürünlerde, global kota yerine ülke bazlı kota da uygulayacak.
• AB’ye ihracatında önemli bir payı bulunan ülkeler için tahsis edilecek kotanın dışında kalan kota diğer ülkeler tarafından global kota olarak kullanılacak ve sözkonusu global kota da ithalatın zamana eşit bir şekilde dağılması ve olası stokçuluğun önüne geçilmesi için çeyreklere (3’er aylık dönemlere) bölünecek.
• Bir çeyrekte dolmayan bireysel ülke kotaları haricindeki birden fazla ülkenin katılımcı olduğu ürün gruplarının kotaları sonraki çeyreğe otomatik olarak aktarılacak.
• AB Komisyonu, ülke bazlı kotaya sahip ülkelerin herhangi bir üründe ülke kotalarını doldurmaları sonrasında global kotadan da yararlanabilmelerini sağlayacak. Bu tür bir yararlanma (ülke bazlı kotadan yararlanan ülkeler ile global kotadan yararlanan ülkeler arasında bir denge kurulabilmesi için) ancak yılın son çeyreğindeki global kotadan yararlanma şeklinde olacak.
• Geçici Önlem listesinde yer alan Bearing Tubes and Pipes’ın Nihai Önlem’de listeden çıkartıldı.
• Geçici Önlemde listede bulunmayan Paslanmaz Sıcak Haddelenmiş Quarto Levhalar, Demiryolu Malzemeleri, Paslanmaz Dışındaki Dikişsiz Borular, Alaşımsız ve Diğer Alaşımlı Soğuk Şekillendirilmiş Çubuklar’ın Nihai Önlem Kapsamına alındı. 
• Nihai Önlem 4 Şubat 2019 tarihinden yürürlüğe aktarılacak.
• AB Komisyonu, geçici önlemlerin başlangıç tarihini dikkate alarak, 3 yıllık bir dönem için nihai önlem uygulamayı öngörüyor. (16 Temmuz 2021 tarihine kadar)

Şimdi Sırada Ne var?

DTÖ Korunma Önlemi Anlaşması çerçevesinde, önlem alınmadan önce DTÖ'ye bildirimde bulunulması zorunlu. Bu bildirim, ilgili önlemden etkilenecek DTÖ üyesi ülkelere önlem yürürlüğe girmeden, önlemi uygulayacak olan ülke ile müzakereler yapabilmesi için zaman tanıyor. AB Komisyonu'nun soruşturmaya ilişkin bulguları daha önce üye ülkelere iletilmişti. AB üyesi ülkeler, AB Komisyonu'nun önerilen korunma önlemi ile ilgili hareket tarzına ve ilerleme şekline ilişkin olarak Ocak ayı ortasında bir oylama yapacak. 

AB'nin DTÖ'ye Almayı Planladığı Nihai Önlemin Genel hatlarını içeren Bildirimi yapmasının ardından, AB'nin önlemine taraf olan Türkiye gibi DTÖ üyesi ülkeler, nihai karar öncesinde AB Komisyonu ile müzarekerelerde bulunabilecekler. 

AB Komisyonu'nun nihai kararını, geçici önlemlerin yürürlükten kalkacağı 4 Şubat 2019'dan önce vermesi bekleniyor. 

 NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT ON
SAFEGUARDS ON FINDING A SERIOUS INJURY OR THREAT
THEREOF CAUSED BY INCREASED IMPORTS

NOTIFICATION OF A PROPOSAL TO IMPOSE A MEASURE

NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2
OF THE AGREEMENT ON SAFEGUARDS

EUROPEAN UNION

(Certain steel products)

The following communication, dated 2 January 2019, is being circulated at the request of the Delegation of the European Union.

_______________

Pursuant to Articles 12.1(b) of the Agreement on Safeguards, the European Union submits a notification on finding serious injury or threat thereof, to the domestic industries producing certain steel products and a notification on proposed safeguard measures. This notification contains all pertinent information relating to the proposed safeguard measures in accordance with Article 12.2 of the Agreement on Safeguards and an offer of consultations pursuant to Article 12.3 of the Agreement on Safeguards.

(1)  The investigation was initiated on 26 March 2018 pursuant to Article 5 of Regulation (EU) 2015/478 of the European Parliament and of the Council and Article 3 of Regulation (EU) 2015/755 of the European Parliament and of the Council. [ G/SG/N/6/EU/1 ]

(2)  On 18 July 2018, Commission implementing regulation (EU) 2018/1013¹ imposed provisional safeguard measures with regard to imports of certain steel products [ G/SG/N/7/EU/1 and G/SG/N/11/EU/1 ].

1.  Provide evidence of serious injury or threat thereof caused by increased imports

(3)  The injury assessment has been conducted on a global basis, namely for the product concerned under assessment, thereby including the 26 product categories where the Commission found an increase in imports. The Commission supplemented its analysis with an assessment for three product families regrouping these product categories, i.e. flat products, long products and tubes. This injury analysis below is based on the questionnaire replies submitted by the Union industry.

(4)  The relevant figures for each of the economic indicators concerning both the global development of the situation of the Union steel industry and the situation of the Union steel industry for the three above product families is presented in the Annex I.

(5)  The analysis showed that the Union industry – both globally and for each of the three product families – was in a difficult economic situation until 2016, and only partially recovered in 2017. The industry is thus still in a vulnerable position.

(6)  Indeed, despite a temporary improvement, the EU steel industry was still in a fragile situation and under the threat of serious injury if the increasing trend in imports continued with the ensuing price depression and profitability drop below sustainable levels. The injury analysis showed that this expected trend is already underway as the most updated set of data show.

(7)  The Commission has carried out a more accurate analysis of the likelihood of further increased exports based on an analysis of the most recent data available, namely the period January-September 2018. This updated set of data allowed the Commission to confirm the findings of a risk of trade diversion.

(8)  Overall, imports of the product under assessment have, on an annual basis further increased. The increase in imports in the period July 2017 – June 2018 as compared to January 2017 - December 2017 is explained by the relatively high level of imports in the first semester of 2018, when the total volume of imports of the product under assessment amounted to 17,4 million MT as compared to 15,4 million MT during the first semester of 2017 and 14,5 million MT during the second semester of 2017.

(9)  For each and every month in 2018, import volumes into the Union in 2018 were higher than import volumes in 2017. In particular imports increased significantly from March 2018. The differences with 2017 were more substantial in June and July 2018, a few months after the imposition of the US Section 232 measures. In August and September 2018, the increase was still significant but less pronounced than in the preceding two months, possibly in view of the provisional safeguard measures that were imposed on 18 July 2018.

(10)  During the same period, imports into the USA of the 26 products under assessment have sharply decreased, in particular since the imposition of the US Section 232 measures. In September 2018, the level of imports was 35% below the level of imports in April 2018. Overall, the decrease in imports from January to September 2018 was 19%.

(11)  The trend of increased imports in the Union, which is driven in part by the impact of the US Section 232 measures, is expected to be even more pronounced in the near future if no measures are taken. This is based on the fact that a high number of US producers of products covered by the US Section 232 measures have announced important production expansion plans and consequently, the US market will no longer be able to absorb an increased domestic production and the same level of imports as before. Consequently, exporting producers will have to look for alternative markets and the Union market is then, in view of its size, an ideal substitute market.

(12)  The Commission therefore concluded that the Union steel industry is in a situation of threat of serious injury for the product concerned, including the 26 product categories under assessment. The Commission also concluded that there was a causal link between increased imports of the product under assessment and the vulnerable situation of and threat of serious injury to the Union industry as the steel product categories produced by the Union producers are like or directly competing with the steel product categories concerned.

2.  Provide information on whether there is an absolute increase in imports or an increase in imports relative to domestic production

(13)  The Commission made an overall analysis of the increase in imports for the 26 product categories concerned over the period 2013-2017. This global analysis excluded product categories that did not show an increase at individual level. The development of imports for each of the three product families identified above was also examined in order to confirm the soundness of the conclusions reached on a global basis.

(14)  The Commission used in its analysis the most recent statistics, namely import data covering the first half of 2018. For ensuring data comparability with previous full-year periods, the Commission established an additional ad-hoc 12-month period made of the last 6 months of 2017 and the first 6 months of 2018 ('the most recent period' or 'MRP') . The Commission also corrected some minor clerical errors in the data used at provisional stage.

(15)  As to the global imports' analysis, the imports of the 26 remaining product categories under assessment show the following developments:

Table 1

Import volume and market share after exclusion of certain countries and products

Source: Eurostat and Union Industry questionnaire replies

(16)  For each of the three product families identified above: flat products, long products and tubes the import volumes and corresponding market shares developed as follows:

Table 2

Import volume and market share after exclusion of certain countries
and products – by product family

Source: Eurostat and Union Industry questionnaire replies

(17)  Accordingly, the Commission concludes that there has been a sudden, steep, and significant increase of imports both in absolute and relative terms for the product concerned under assessment. This finding is also confirmed by the data at the level of each of the three product families assessed.

3.  Provide precise description of the product involved

(18)  The product concerned is certain steel products belonging to the 26 steel product categories listed in Annex II.

4.  Provide precise description of the proposed measure

(19)  It is proposed that the definitive safeguard measure takes the form of a tariff-rate quota in order to prevent serious injury, but at the same time preserve traditional trade flows as much as possible. This level of tariff-rate quota shall be set at the average level of imports over the last three representative years. The Commission considered it necessary to modulate the tariff-rate quota level above the average import level for the last three years to take account of the competing interests between users and importers, on the one hand, and the Union industry, on the other hand. On this basis, the Commission considers that the quantitative level of the tariff-rate quota should be based on the average imports in the period 2015-2017 plus 5%.

(20)  The additional duties to be paid above the quota shall be 25%.

(21)  The Commission considers that a country-specific tariff-rate quota system is the most appropriate system to ensure traditional trade flows. It has however some limitations. First, the number of supplying countries is significant for each product category. It is not reasonably practicable to allocate a tariff-rate quota to each of them. Second, the Commission considers that it is necessary, for an adequate tariff-rate quota allocation, to take into account special factors that will affect the trade in the products concerned. Indeed, for a number of products falling within the scope of this investigation, the Union has recently imposed anti-dumping/countervailing duty measures on certain exporting countries. This has often resulted in a significant decrease of imports from these countries in the most recent year, and will continue to do so during the period of imposition of these measures. A country-specific tariff-rate quota for these countries will therefore more than likely be used only marginally since the level of the tariff-rate quota is based on the average level of imports in the years 2015-2017, i.e. including a period when anti-dumping/countervailing duty measures were not yet in place and the level of import was significant due to unfair trade practices. It would, therefore, not be in the Union interest to allocate a country specific tariff-rate quota in these circumstances since the level of future imports would unavoidably be below their traditional trade levels.

(22)  The Commission concluded that, given the above circumstances, a mixed approach would be the most appropriate. First, a country specific tariff-rate quota should be allocated to countries having a significant supplying interest, based on their imports over the last 3 years. A global tariff-rate quota ('the residual quota') based on the average of the remaining imports over the last three years should be allocated to all other supplying countries. This residual tariff-rate quota should be divided quarterly in order to ensure that imports are evenly distributed over the year and prevent that significant imports of standard products are stockpiled at the beginning of the period in order to avoid possible duties. Unused quarterly tariff-rate quota allocations would also be automatically transferred to the next period.

(23)  A country specific tariff-rate quota should however not be allocated to those countries whose export level – for each product category concerned – has substantially diminished in the recent past because of anti-dumping/countervailing duty measures in place for the above reasons. These countries should fall within the residual tariff-rate quota.

(24)  In the specific case of product category 1 (hot rolled coils), since close to 60% of imports are currently covered by anti-dumping measures, the Commission considers that a global tariff-rate quota and no country-specific allocation is the most appropriate.

(25)  Finally, the Commission considers that it is in the Union interest that when a supplying country has exhausted its specific tariff-rate quota, it should be allowed to have access to the residual tariff-rate quota. This possibility should however only be applied during the last quarter of the period, in order to strike a balance between the interests of the countries endowed with a country specific tariff-rate quota and the countries drawing on the global tariff-rate quota. This would not only ensure the maintenance of traditional trade flows but also avoid that, as the case may be, parts of the residual tariff-rate quota would remain unused.

(26)  The tariff-rate quota and the allocation of quotas among supplying countries is set out in Annex II.

5.  Provide proposed date of introduction of the measure

(27)  The definitive measures should be introduced before the end of 200 days period of application of provisional measures, i.e. before 4^th February 2019.

6.  Provide expected duration of the measure

(28)  The Commission considers that the measures should be in place for a period of three years (including the period of imposition of the provisional measures), expiring on 16 July 2021. A tariff-rate quota should be open for the period 2 February 2019 to 16 July 2019, thereafter, for the period of 17 July 2019 to 16 July 2020, and, thereafter, for the period 17 July 2020 to July 2021.

7.  For a measure with a duration of more than three years, provide the proposed date for the review (under Article 7.4) to be held not later than the mid-term of the measure, if such a date for the review has already been scheduled

(29)  Not applicable

8.  If the expected duration is over one year, provide expected timetable for progressive liberalisation of the measure

(30)  The level of the tariff-rate quota should be increased by 5% in each year during which the measures are in force.

9.  Provide information relating to the extension of a safeguard measure

(31)  Not applicable

10.  Exclusion of certain countries from the scope of the definitive measures

(32)  The final determination made by the Commission shows that the product categories concerned originating in certain developing countries meet the requirements of Article 9 of the WTO Agreement on Safeguards and should therefore be excluded, as set out in Annex III.

(33)  On account of the close integration of markets with European Economic Area members, the Commission considers that the products under assessment originating in Norway, Iceland, and Liechtenstein should be excluded from the application of this Regulation. Furthermore, in order to comply with bilateral obligations, certain countries with which the Union has signed an Economic Partnership Agreement that is currently in force² should also be excluded from the scope of measures.

11.  Procedures relevant to the decision to apply the measures and information regarding procedures for prior consultations with those Members having a substantial interest as exporters of the product concerned

(34)  Members having a substantial interest as exporters of the product subject to the investigation that wish to consult with the European Union may make a request through the EU Mission in Geneva. These consultations shall be held preferably during the week of 7-11 January 2019.

ANNEX I – ECONOMIC SITUATION OF THE EU STEEL INDUSTRY

1.  Global situation of the EU steel industry

a.  Consumption, domestic sales and market shares

Table 3 – The Union consumption, domestic sales and market share

Source: Eurostat and industry data

b.  Production, production capacity, capacity utilisation rate and stocks

Table 4 – Production, production capacity, capacity utilisation, stocks

Source: Industry data and questionnaire replies

c.  Unit sales prices, profitability and cash flow

Table 5 – Unit sales price, profitability, cash flow

Source: Questionnaire replies

d.  Employment

Table 6 – Employment

Source: Industry data and questionnaire replies

2.  Analysis of the situation of the Union steel industry for the three product families

a.  Consumption, domestic sales and market shares

Table 7 – Consumption, domestic sales, market share per product family

Source: Eurostat and industry data

b.  Production, production capacity, capacity utilisation rate and stocks

Table 8 – Production, production capacity, capacity utilisation, stocks per product family

Source: Industry data and questionnaire replies

c.  Unit sales prices, profitability and cash flow

Table 9 – Unit sales price, profitability, cash flow per product family

Source: Questionnaire replies

d.  Employment

Table 10 – Employment per product family

Source: Industry data and questionnaire replies

ANNEX II. - PRODUCT CONCERNED AND TARIFF–RATE QUOTAS

ANNEX III.1 – LIST OF DEVELOPING COUNTRIES, MEMBERS OF THE WTO

Afghanistan, 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, 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, Swaziland, 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

ANNEX III.2 – LIST OF PRODUCT CATEGORIES ORIGINATING IN DEVELOPING COUNTRIES TO WHICH THE DEFINITIVE MEASURES APPLY

__________

¹  Commission implementing regulation (EU) 2018/1013 of 17 July 2018 imposing provisional safeguard measures with regard to imports of certain steel products (OJ L181,18.7.2018, p. 39) .

²  Botswana, Cameroon, Fiji, Ghana, Ivory Coast, Lesotho, Mozambique, Namibia, South Africa, Swaziland.