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1.4.2011 Official
Journal
of
the
European
Union L
86/51
COMMISSION IMPLEMENTING REGULATION (EU) No 311/2011
of 31 March 2011
replacing Annex I 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,
products of Annex II which were added in 2010 to the
list in Annex I to Regulation (EC) No 673/2005 should
Having regard to the Treaty on the Functioning of the European
be removed first from the list in Annex I to that Regu
Union,
lation. Eleven products of Annex I to Regulation (EC) No
673/2005 should then be withdrawn from Annex I to
Having regard to Council Regulation (EC) No 673/2005 of
that Regulation following the order of that list.
25 April 2005 establishing additional customs duties on
imports of certain products originating in the United States of
(4) The
effect
of
a
15
% ad valorem additional customs duty
America ( 1 ), and in particular Article 3 thereof,
on imports from the United States of the products in the
amended Annex I represents, over 1 year, a value of
Whereas:
trade that does not exceed USD 9,96 million.
(1) As
a
result
of
the
United
States’
failure
to
bring
the (5) To
make
sure
that
there
are
no
delays
in
the
customs
Continued Dumping and Subsidy Offset Act (CDSOA)
clearance of goods removed from the scope of the 15 %
in compliance with its obligations under the World
ad valorem additional customs duty, this Regulation
Trade Organisation (WTO) agreements, Regulation (EC)
should enter into force on the day of its publication.
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
(6) The
measures
provided
for
in
this
Regulation
are
in
conformity with the WTO authorisation to suspend the
accordance with the opinion of the Committee on
application of concessions to the United States, the
trade retaliation,
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.
HAS ADOPTED THIS REGULATION:

(2) The
CDSOA
disbursements
for
the
most
recent
year
for
Article 1
which data are available relate to the distribution of anti-
Annex I to Regulation (EC) No 673/2005 is replaced by the text
dumping and countervailing duties collected during the
of the Annex to this Regulation.
Fiscal Year 2010 (1 October 2009-30 September 2010).
On the basis of the data published by the United States’
Customs and Border Protection, the level of nullification
Article 2
or impairment caused to the European Union is
calculated at USD 9,96 million.
This Regulation shall enter into force on the day of its publi
cation in the Official Journal of the European Union.
(3) Since the level of nullification or impairment and
consequently of suspension has decreased, the 19
It shall apply from 1 May 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 110, 30.4.2005, p. 1.

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L 86/52
EN
Official Journal of the European Union
1.4.2011
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 ( 1 ) as amended by Council Regulation (EC)
No 493/2005 ( 2 ).
0710 40 00
9003 19 30
8705 10 00
___________
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 82, 31.3.2005, p. 1.’

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