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
Date: 2007-04-16
Institutions: European Commission
Subjects: CCT duties, United States, countervailing charge, import (EU), originating product, trade dispute

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Official Journal of the European Union

17.4.2007

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

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 (1), and in particular Article 3 thereof,

Whereas:

(1)

(2)

(3)

(4)

As a result of the United States’ failure to bring the
Continued Dumping and Subsidy Offset Act (CDSOA)
the WTO
in compliance with its obligations under
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
application of
WTO authorisation to suspend the
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.

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.

Since the level of nullification or impairment and conse-
quently 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.

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.

(1) OJ L 110, 30.4.2005, p. 1. Regulation as amended by Commission

Regulation (EC) No 632/2006 (OJ L 111, 25.4.2006, p. 5).

Articles 6(1) and 6(2) of Regulation (EC) No 673/2005
contain specific exemptions from the additional import
those exemptions is
duty. Since the applicability of
dependent on certain conditions being met before the
entry into force or on the date of application of Regu-
lation (EC) No 673/2005,
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.

the exemptions cannot

To avoid circumvention of the additional duty, this Regu-
lation should enter into force on the day of its publi-
cation.

The measures provided for in this Regulation are in
accordance with the opinion of
the Committee on
trade retaliation,

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

Annex I
Annex I to this Regulation.

to Regulation (EC) No 673/2005 is replaced by

Article 2

Annex II
Annex II to this Regulation.

to Regulation (EC) No 673/2005 is replaced by

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 addi-
the
tional duty provided they are classified under one of
following CN codes (2): 4803 00 31, 4818 30 00, 4818 20 10,
6110 19 90,
9403 70 90,
6110 12 90,
6110 12 10,
6110 90 90,
6110 20 10,
6110 20 91,
6110 30 91,
6403 19 00,
9608 10 10,
6206 40 00,
6105 20 90,
6205 30 00,
and
9406 00 11.

6110 90 10,
6110 11 10,
6110 11 30,
6110 30 99,
6402 19 00,
6105 20 10,

6110 19 10,
6110 30 10,
6110 11 90,
6110 20 99,
6404 11 00,
6106 10 00,

6206 30 00,

6105 10 00,

6205 20 00

(2) The description of products classified under

these codes can
be found in Annex I to Council Regulation (EEC) No 2658/87
(OJ L 256, 7.9.1987, p. 1), as amended by Regulation (EC)
No 493/2005 (OJ L 82, 31.3.2005, p. 1).

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Products for which it can be demonstrated that they are
2.
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 (1): 4803 00 31,
6110 90 10,
4818 30 00,
6110 11 10,
6110 19 10,
6110 11 30,
6110 30 10,
6110 30 99,
6110 11 90,
6402 19 00,
6110 20 99,
6105 20 10,
6404 11 00,

4818 20 10,
6110 19 90,
6110 12 90,
6110 90 90,
6110 20 91,
6403 19 00,

9403 70 90,
6110 12 10,
6110 20 10,
6110 30 91,
9608 10 10,
6105 20 90,

6106 10 00,
6105 10 00, 6205 20 00 and 9406 00 11.

6206 40 00,

6205 30 00,

Article 4

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 May 2007.

L 100/17

6206 30 00,

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

(1) The description of products classified under

these codes can
be found in Annex I to Council Regulation (EEC) No 2658/87
(OJ L 256, 7.9.1987, p. 1), as amended by Regulation (EC)
No 493/2005 (OJ L 82, 31.3.2005, p. 1).

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Official Journal of the European Union

17.4.2007

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 (1) as amended by Regulation (EC)
No 493/2005 (2).

4820 10 90

4820 50 00

4820 90 00

4820 30 00

4820 10 50

6204 63 11

6204 69 18

6204 63 90

6104 63 00

6203 43 11

6103 43 00

6204 63 18

6203 43 19

6204 69 90

6203 43 90

0710 40 00

9003 19 30

8705 10 00

6301 40 10

6301 30 10

6301 30 90

6301 40 90

4818 50 00

9009 11 00

9009 12 00

8467 21 99

4803 00 31

4818 30 00

4818 20 10

9403 70 90

6110 90 10

6110 19 10

6110 19 90

6110 12 10

6110 11 10

6110 30 10

6110 12 90

6110 20 10

6110 11 30

6110 11 90

6110 90 90

6110 30 91

6110 30 99

6110 20 99

6110 20 91

9608 10 10

6402 19 00

6404 11 00

6403 19 00

6105 20 90

6105 20 10

6106 10 00

6206 40 00

6205 30 00

6206 30 00

6105 10 00

6205 20 00

9406 00 11

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 82, 31.3.2005, p. 1.

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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.

9406 00 38

6101 30 10

6102 30 10

6201 12 10

6201 13 10

6102 30 90

6201 92 00

6101 30 90

6202 93 00

6202 11 00

6201 13 90

6201 93 00

6201 12 90

6204 42 00

6104 43 00

6204 49 10

6204 44 00

6204 43 00

6203 42 31

6204 62 31