A Notice concerning the potential combined effects of anti-dumping or anti-subsidy measures with the safeguard measures on certain steel products was published in the Official Journal on 26 April [2019/C 146/06]. The notice states in pertinent part:
Regulation (EU) 2015/477 (2)acknowledges that the combination of anti-dumping or anti-subsidy measures and safeguard measures on the same product could have an effect greater than that intended in terms of the Union’s trade defence policy and objectives, and could place an undesirably onerous burden on certain exporting producers seeking to export to the Union. As a result, specific provisions were introduced in order to enable the Commission, where appropriate, to take action to ensure that a combination of anti-dumping or anti-subsidy measures with safeguard measures on the same product does not have such an effect.
As concerns the measures imposed by Regulation (EU) 2019/159, whilst there is some uncertainty as to if and when the respective tariff-rate quotas would be exhausted, it is possible that imports of those steel product categories which are subject to anti-dumping or anti-subsidy measures would also become subject to the payment of a safeguard duty.
The Commission considers that there are grounds to conclude that the combination of these measures could indeed have an effect greater than that intended or desirable in terms of the Union’s trade defence policy and objectives, as laid down in Regulation (EU) 2015/477. The Commission, therefore, considers that it may be appropriate to amend the existing anti-dumping and anti-subsidy measures mentioned in the Annex during the relevant period where anti-dumping/anti-subsidy measures and safeguard duties may apply.
In order to ensure legal certainty for the economic operators concerned, the Commission considers it necessary to specify, for these cases, the anti-dumping or the countervailing duty that should apply in the event that the safeguard tariff-rate quotas are exhausted.
In particular, in cases where both an anti-dumping or a countervailing duty and a safeguard duty would normally be payable and where the anti-dumping or countervailing duty is less than, or equal to, the amount of the safeguard duty, the Commission considers appropriate that no anti-dumping or countervailing duty should be payable during the relevant period. Where the anti-dumping or countervailing duty is greater than the amount of the safeguard duty, the Commission considers appropriate that only that part of the anti-dumping or countervailing duty which is in excess of the amount of the safeguard duty should be payable during the relevant period.