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
Date: 2007-09-03
Institutions: European Commission
Subjects: CCT duties, United States, common tariff policy, countervailing charge, import, originating product, trade dispute

4.9.2007

EN

Official Journal of the European Union

L 231/3

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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)

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.

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 Regu-
lation (EC) No 409/2007 and whose destination cannot
be changed are exempted from this extension of the
additional duty.

To avoid further delaying the customs clearance of goods
concerned, this Regulation should enter into force on the
day of its publication.

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

Article 1

Article 3(2) of Regulation (EC) No 409/2007 is replaced by the
following:

CN

‘Products for which it can be demonstrated that they are
already en route to the Community or in temporary storage
or in a free zone or free warehouse or under a suspensive
procedure in the meaning of the Community Customs Code
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
4818 30 00,
following
6110 19 10,
4818 20 10,
6110 30 10,
6110 19 90,
6110 11 90,
6110 12 90,
6110 20 99,
6110 90 90,
6404 11 00,
6110 20 91,
6106 10 00,
6403 19 00,
6206 40 00,
6105 10 00,
6205 20 00 and 9406 00 11.
___________
(*) 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).’

4803 00 31,
6110 90 10,
6110 11 10,
6110 11 30,
6110 30 99,
6402 19 00,
6105 20 10,
6206 30 00,

codes (*):
9403 70 90,
6110 12 10,
6110 20 10,
6110 30 91,
9608 10 10,
6105 20 90,
6205 30 00,

Article 2

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

It shall apply as from 1 May 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 September 2007.

For the Commission

Peter MANDELSON
Member of the Commission

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

last amended by
Commission Regulation (EC) No 409/2007 (OJ L 100, 17.4.2007,
p. 16).