25.4.2006 EN Official Journal of the European Union L 111/5
COMMISSION REGULATION (EC) No 632/2006
of 24 April 2006
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
,
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 (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 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 2005 (1 October 2004-30 September 2005). 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 36,91 million.
(3) Since the level of nullification or impairment and consequently of suspension has increased, the first eight products of the list in Annex II to Regulation (EC) No 673/2005 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 36,91 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 eight 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,
Annex I to Regulation (EC) No 673/2005 is replaced by Annex I to this Regulation.
Annex II to Regulation (EC) No 673/2005 is replaced by Annex II to this Regulation.
1.   Products classified under the CN codes 6301 40 10, 6301 30 10, 6301 30 90, 6301 40 90, 4818 50 00, 9009 11 00, 9009 12 00 and 8467 21 99 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.
2.   Products classified under the CN codes 6301 40 10, 6301 30 10, 6301 30 90, 6301 40 90, 4818 50 00, 9009 11 00, 9009 12 00 and 8467 21 99 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.
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 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.