Commission Regulation (EC) No 409/2007 of 16 April 2007 replacing Annexes I and II to Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America
Grade B
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Address https://gelex.eu/eli/EU/regulation/2007/409@2007-04-16/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America, and in particular Article 3 thereof,
Whereas:
(1) As a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (CDSOA) in compliance with its obligations under the WTO agreements, Regulation (EC) No 673/2005 imposed a 15 % ad valorem additional customs duty on imports of certain products originating in the United States of America as from 1 May 2005. In conformity with the WTO authorisation to suspend the application of concessions to the United States, the Commission shall adjust the level of suspension annually to the level of nullification or impairment caused by the CDSOA to the Community at that time.
(2) The CDSOA disbursements for the most recent year for which data are available relate to the distribution of anti-dumping and countervailing duties collected during the Fiscal Year 2006 (1 October 2005-30 September 2006). On the basis of the data published by the United States’ Customs and Border Protection, the level of nullification or impairment caused to the Community is calculated at USD 81.19 million.
(3) Since the level of nullification or impairment and consequently of suspension has increased, the first 32 products of the list in Annex II to Regulation (EC) No 673/2005 as amended by Commission Regulation (EC) No 632/2006 should be added to the list in Annex I to that Regulation.
(4) The effect of a 15 % ad valorem additional import duty on imports from the United States of the products in the amended Annex I represents, over one year, a value of trade that does not exceed USD 81.19 million.
(5) Articles 6(1) and 6(2) of Regulation (EC) No 673/2005 contain specific exemptions from the additional import duty. Since the applicability of those exemptions is dependent on certain conditions being met before the entry into force or on the date of application of Regulation (EC) No 673/2005, the exemptions cannot in practice apply for imports of the 32 products now added to the list in Annex I. Specific provisions should therefore be adopted to make these exemptions effective for imports of those products.
(6) To avoid circumvention of the additional duty, this Regulation should enter into force on the day of its publication.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee on trade retaliation,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 673/2005 is replaced by Annex I to this Regulation.
Article 2
Annex II to Regulation (EC) No 673/2005 is replaced by Annex II to this Regulation.
Article 3
1. Products for which an import licence with an exemption from, or a reduction of duty, was issued before the date of entry into force of this Regulation shall not be subject to the additional duty provided they are classified under one of the following CN codes: 48030031, 48183000, 48182010, 94037090, 61109010, 61101910, 61101990, 61101210, 61101110, 61103010, 61101290, 61102010, 61101130, 61101190, 61109090, 61103091, 61103099, 61102099, 61102091, 96081010, 64021900, 64041100, 64031900, 61052090, 61052010, 61061000, 62064000, 62053000, 62063000, 61051000, 62052000 and 94060011.
2. Products for which it can be demonstrated that they are already en route to the Community on the date of application of this Regulation, and whose destination cannot be changed, shall not be subject to the additional duty provided they are classified under one of the following CN codes: 48030031, 48183000, 48182010, 94037090, 61109010, 61101910, 61101990, 61101210, 61101110, 61103010, 61101290, 61102010, 61101130, 61101190, 61109090, 61103091, 61103099, 61102099, 61102091, 96081010, 64021900, 64041100, 64031900, 61052090, 61052010, 61061000, 62064000, 62053000, 62063000, 61051000, 62052000 and 94060011.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 1 May 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 April 2007. For the Commission Peter Mandelson Member of the Commission
ANNEX
ANNEX I
The products on which additional duties are to apply are identified by their eight-digit CN codes. The description of products classified under these codes can be found in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff as amended by Regulation (EC) No 493/2005.
48201090
48205000
48209000
48203000
48201050
62046311
62046918
62046390
61046300
62034311
61034300
62046318
62034319
62046990
62034390
07104000
90031930
87051000
63014010
63013010
63013090
63014090
48185000
90091100
90091200
84672199
48030031
48183000
48182010
94037090
61109010
61101910
61101990
61101210
61101110
61103010
61101290
61102010
61101130
61101190
61109090
61103091
61103099
61102099
61102091
96081010
64021900
64041100
64031900
61052090
61052010
61061000
62064000
62053000
62063000
61051000
62052000
94060011
ANNEX II
The products in this Annex are identified by their eight-digit CN codes. The description of products classified under these codes can be found in Annex I to Council Regulation (EEC) No 2658/87, as amended by Regulation (EC) No 493/2005.
94060038
61013010
61023010
62011210
62011310
61023090
62019200
61013090
62029300
62021100
62011390
62019300
62011290
62044200
61044300
62044910
62044400
62044300
62034231
62046231
Versions
Cited by
- Regulation (EU) 2018/196 of the European Parliament and of the Council of 7 February 2018 on additional customs duties on imports of certain products originating in the United States of America (codification) Regulation · Grade B
Council Regulation (EC) No 673/2005 (OJ L 110, 30.4.2005, p. 1). Commission Regulation (EC) No 632/2006 (OJ L 111, 25.4.2006, p. 5). Commission Regulation (EC) No 409/2007 (OJ L 100, 17.4.2007, p. 16). Commission Regulation (EC) No 283/2008 (OJ L 86, 28.3.2008, p. 19). Commission Regulation (EC) No 317/2009 (OJ L 100, 18.4.2009, p. 6). Commission Regulation (EU) No 305/2010 (OJ L 94, 15.4.2010, p. 15). Commission Implementing Regulation (EU) No 311/2011 (OJ L 86, 1.4.2011, p. 51). Commission Implementing Regulation (EU) No 349/2013 (OJ L 108, 18.4.2013, p. 6). Regulation (EU) No 37/2014 of the
- Commission Regulation (EC) No 1024/2007 of 3 September 2007 modifying Regulation (EC) No 409/2007 replacing Annexes I and II to Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America Regulation · Grade B
Commission Regulation (EC) No 409/2007 added 32 products to the list in Annex I to Council Regulation (EC) No 673/2005. Thereby, imports of those products originating in the United States of America became subject to a 15 % ad valorem additional customs duty as from 1 May 2007.
- Commission Regulation (EC) No 1024/2007 of 3 September 2007 modifying Regulation (EC) No 409/2007 replacing Annexes I and II to Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America Regulation · Grade B
To preserve the legitimate expectations of importers, it should be clarified that goods which were already under Customs supervision on the date of application of Regulation (EC) No 409/2007 and whose destination cannot be changed are exempted from this extension of the additional duty.