Commission Regulation (EU) No 305/2010 of 14 April 2010 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

15.4.2010 EN Official Journal of the European Union L 94/15
COMMISSION REGULATION (EU) No 305/2010
of 14 April 2010
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 EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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) As a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (CDSOA) in conformity with its obligations under the World Trade Organisation (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 in respect of certain products originating in 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 European Union 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 2009 (1 October 2008-30 September 2009). On the basis of the data published by the United States’ Customs and Border Protection, the level of nullification or impairment caused to the European Union is calculated at USD 95,83 million.
(3) Since the level of nullification or impairment and consequently of suspension has increased, the first 19 products of the list in Annex II to Regulation (EC) No 673/2005 should be added to the list set out in Annex I to Regulation (EC) No 673/2005.
(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 1 year, a value of trade that does not exceed USD 95,83 million.
(5) Article 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 19 products added by this Regulation 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,