(1)

On 20 June 2018, the Commission adopted Implementing Regulation (EU) 2018/886 (2) on certain commercial policy measures concerning certain products originating in the United States of America that provides for the application of additional customs duties on imports into the Union of a number of products originating in the United States as follows:

(2)

On 7 April 2020, the Commission adopted Implementing Regulation (EU) 2020/502 (3) that provides for the application of additional customs duties on imports into the Union of certain products originating in the United States, as follows:

(3)

On 31 May 2021, following the EU-US Joint Statement published on 17 May 2021, the Commission adopted Implementing Regulation (EU) 2021/866 (4) on commercial policy measures concerning certain products originating in the United States of America, which suspended the application of the additional ad valorem duties on products listed in Annex II to Implementing Regulation (EU) 2018/886 until 30 November 2021.

(4)

The Commission, on behalf of the Union, may amend Implementing Regulations (EU) 2018/886 (5) and (EU) 2020/502 (6), should it deem that appropriate, to account for any modification of or amendment to the United States’ safeguard measures.

(5)

On 31 October 2021, the United States announced the following amendments to their respective safeguard measures, to take effect from 1 January 2022:

(6)

Accordingly, the Union should suspend the application of the additional ad valorem duties imposed by Implementing Regulations (EU) 2018/886 and (EU) No 2020/502 for a period until 31 December 2023. The suspension should take place as follows:

(7)

This suspension would allow the Union and the United States to significantly advance their ongoing cooperation, including with a view of eliminating the respective tariffs. However, it should be noted that the application of the exclusions from the US measures would last only until 31 December 2023. Such exclusions granted to importers in the United States when importing Union products significantly reduce the negative impact of the United States’ safeguard measures. Therefore, a suspension until 31 December 2023 is considered as a sufficient and reasonable period and takes due account of the United States’ announcements of 31 October 2021.

(8)

Article 4(2)(c) of Regulation (EU) No 654/2014 requires the Union’s action to be substantially equivalent to the level of concessions or other obligations affected by the safeguard measures of the third country.

(9)

The Commission should keep the suspension under review in light of new developments, for instance developments that could deteriorate the situation for the Union exports that remain subject to the safeguard measures of the United States, including any impediments affecting the Union exports. The Commission may amend this Regulation to account for such developments, any modification of or amendment to the United States’ safeguard measures.

(10)

The suspension is without prejudice to the Union’s position that the safeguard measures by the United States remain incompatible with the WTO Agreement.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Trade Barriers Committee, established by Regulation (EU) 2015/1843 of the European Parliament and of the Council (7),

(a)

the additional ad valorem duties of a rate of 20 % and 7 % on imports of the products specified in Article 1(2), point (a), of Implementing Regulation (EU) 2020/502 from 1 January 2022;

(b)

the additional ad valorem duty of a rate of 4,4 % on imports of the product specified in Article 1(2), point (b), of Implementing Regulation (EU) 2020/502 from 8 February 2023.