Notice

Trade Remedies Notice 2023/16: anti-dumping duty on certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, the Russian Federation and Ukraine

Updated 31 December 2023

This notice was originally published on 29 August 2023 with effect from 30 August 2023.

This public notice is published by the Secretary of State under regulation 101C(2)(a) of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (“the Regulations”).

The public notice:

• relates to certain hot-rolled flat products of iron, non-alloy or other alloy steel products (the “goods” it relates to, are described under the heading “goods description” below)
• gives effect to the Trade Remedies Authority (TRA) recommendation to:
  • vary the anti-dumping duty on certain hot-rolled flat products of iron, non-alloy or other alloy steel products so that it applies for five years from 7 October 2022 until 7 October 2027, and maintain the duty rate set out in Taxation Notice 2020/17: anti-dumping duty on certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, the Russian Federation and Ukraine (“Taxation Notice 2020/17”) for those goods
• supersedes taxation notice 2020/17

Variation of anti-dumping duty on the product

The import duty (the anti-dumping duty) on the goods given effect to by Taxation Notice 2020/17 is varied in accordance with this public notice from 7 October 2022.

Amount of anti-dumping duty

The anti-dumping duty applicable to the net, free-at-the-frontier price, before other amounts of import duty, on the products imported into the UK from Brazil, Iran and the Russian Federation is maintained at the rates listed in table 1:

Table 1: duty amount and additional codes

Foreign country or territory	Overseas exporter	Duty amount GBP (£) per tonne	Additional code
Brazil	ArcelorMittal Brasil S.A.	45.609	C210
	Aperam Inox América do Sul S.A.	45.609	C211
	Companhia Siderúrgica Nacional	44.689	C212
	Gerdau Açominas S.A.	46.697	C214
	Usinas Siderúrgicas de Minas Gerais S.A. (USIMINAS)	52.723	C213
	All other overseas exporters (residual amount)	52.723	C999
Iran	Mobarakeh Steel Company	48.12	C215
	All other overseas exporters (residual amount)	48.12	C999
Russian Federation	Novolipetsk Steel	44.605	C216
	PAO Severstal	14.729	C218
	Public Joint Stock Company Magnitogorsk Iron Steel Works (PJSC MMK)	80.758	C217
	All other overseas exporters (residual amount)	80.758	C999

Declaration required to qualify for a specified exporter duty

In order to qualify for the duty rate applicable to goods produced by an overseas exporter specified in Table 1, a valid commercial invoice with an accompanying declaration must be presented to HMRC on importation of the goods using document code D008.

The following declaration must be completed, drafted and signed by an official of the entity issuing the valid commercial invoice who is identifiable by name and function:

“I, the undersigned, certify that the [volume] of [goods] sold for export to the United Kingdom included in this invoice was produced by [company name and address] ([Additional code]) in [country]. I declare that the information provided in this invoice is complete and correct.

Date:

Signature:

Name (printed):”

If an invoice is not presented, or the declaration is not made, the residual (all other overseas exporters) amount is the duty amount applicable to the goods.

Goods description

Goods subject to anti-dumping duty

The anti-dumping duty applies to:

Certain flat-rolled products of iron, non-alloy steel or other alloy steel, whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-rolled, not clad, plated or coated.

The following product types are excluded:

• products of stainless steel and grain-oriented silicon electrical steel
• products of tool steel and high-speed steel
• products, not in coils, without patterns in relief, of a thickness exceeding 10mm and of a width of 600mm or more
• products, not in coils, without patterns in relief, of a thickness of 4.75mm or more but not exceeding 10mm and of a width of 2.05m or more

Categories of the product subject to anti-dumping duty are imported into the UK under the following UK Global Tariff (UKGT) commodity codes:

• 72 08 10 00 00
• 72 08 25 00 00
• 72 08 26 00 00
• 72 08 27 00 00
• 72 08 36 00 00
• 72 08 37 00 10
• 72 08 37 00 90
• 72 08 38 00 10
• 72 08 38 00 90
• 72 08 39 00 10
• 72 08 39 00 90
• 72 08 40 00 10
• 72 08 40 00 90
• 72 08 52 10 00
• 72 08 52 99 00
• 72 08 53 10 00
• 72 08 53 90 00
• 72 08 54 00 00
• 72 11 13 00 11
• 72 11 13 00 19
• 72 11 14 00 10
• 72 11 14 00 91
• 72 11 14 00 95
• 72 11 19 00 10
• 72 11 19 00 91
• 72 11 19 00 95
• 72 25 19 10 90
• 72 25 30 90 00
• 72 25 40 60 90
• 72 25 40 90 00
• 72 26 19 10 91
• 72 26 19 10 95
• 72 26 91 91 11
• 72 26 91 91 19
• 72 26 91 99 00

Expiry of anti-dumping duty

The anti-dumping duty on the product given effect to by this public notice ceases to apply on 7 October 2027.

The TRA will notify interested parties of the expiry of the anti-dumping duty in sufficient time to allow an interested party to make an application for an expiry review.

Revocation of anti-dumping duty on certain hot-rolled flat and coil products originating in Ukraine

The anti-dumping duty on certain hot-rolled flat and coil products originating in Ukraine given effect to by taxation notice 2020/17 is revoked on 29 August 2023.

The anti-dumping duty on certain hot-rolled flat and coil products originating in Ukraine was first applied in accordance with taxation notice 2020/17 and continued to apply until 31 August 2022, when it was suspended by trade remedies notice 2022/05 and later by trade remedies notice 2023/06. The anti-dumping duty on certain hot-rolled flat and coil products originating in Ukraine is now revoked from 29 August 2023 (the day the Secretary of State published this public notice). This is in accordance with regulation 97C of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019.

As the anti-dumping duty on certain hot-rolled flat and coil products originating in Ukraine will no longer apply, Trade remedies notice 2023/06: suspension of anti-dumping duty on certain hot-rolled flat products of iron, non-alloy, or other alloy steel originating in Ukraine has been revoked by this notice.

Transition review TD0026: Transition review of an anti-dumping measure applying to certain hot-rolled flat and coil products originating in the Russian Federation, Ukraine, Federative Republic of Brazil and Islamic Republic of Iran

On 24 June 2022 the Trade Remedies Authority initiated a transition review of the anti-dumping duty certain hot-rolled flat products of iron, non-alloy or other alloy steel products originating in Brazil, Iran, the Russian Federation and Ukraine (notice of initiation TD0026).

Summary of the transition review

The TRA conducted the transition review in accordance with regulation 100 of the Regulations.

In accordance with regulation 99A(1)(a) of the Regulations, the TRA considered whether the dumping of the goods would be likely to continue or recur if the duty was no longer applied (the “likelihood of dumping assessment”). In accordance with regulation 99A(1)(b) of the Regulations the TRA considered whether injury to UK producers of certain hot-rolled flat products of iron, non-alloy or other alloy steel products would be likely to continue or recur if the anti-dumping duty was no longer applied (the “likelihood of injury assessment”).

Two domestic producers, one domestic trade body, one trade union and three foreign governments and three other parties registered an interest in the transition review.

The TRA assessed the scope of the transition review under regulations 99A(2)(a)(iii) and 74 of the Regulations. The TRA did not receive any application for a review of the scope of the measure and an assessment was undertaken to ensure that the scope remained appropriate for the UK-specific context. Having conducted the assessment, the TRA decided not to vary the description of the Goods Subject to Review or the scope of this transition review. To assist with the implementation of the anti-dumping measure, the list of commodity codes was updated to the list above.

Following the likelihood of injury assessments, the TRA concluded that the anti-dumping duty on the goods originating in Brazil, Iran and the Russian Federation should be extended. The TRA also concluded that imports of the goods from Ukraine were unlikely to be dumped into the UK and the anti-dumping duty on certain hot-rolled flat products of iron, non-alloy or other alloy steel products from Ukraine should be revoked.

Further information on the investigation can be found on the TRA’s public file.

Recommendation of the TRA

The TRA recommended that, from 7 October 2022, the anti-dumping duty on the products given effect to by Taxation notice 2020/17 should be varied in part and revoked in part. The TRA recommended that the anti-dumping duty on certain hot-rolled flat products of iron, non-alloy or other alloy steel products originating in:

• Brazil, Iran and the Russian Federation, should be varied so that it applies until 7 October 2027. In addition, the TRA recommended that the anti-dumping duty be maintained on the goods at the existing amount as it had not been possible for the TRA to recalculate that amount
• Ukraine should be revoked

The TRA made the recommendation in accordance with regulation 100 and 100A of the Regulations.

After reviewing the TRA reconsideration the Secretary of State for Business and Trade has accepted the TRA’s recommendation under regulation 101C(2)(a) of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019.