HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 108/6
EN
Official Journal of the European Union
18.4.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 349/2013
of 17 April 2013
amending the rate of additional duty for products listed in 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,
(4) The
effect
of
a
26
% ad valorem additional import duty on
imports from the United States of the products in Annex
I represents, over one year, a value of trade that does not
Having regard to the Treaty on the Functioning of the European
exceed USD 60 774 402.
Union,
(5) Article
6(1)
and
(2)
of
Regulation
(EC)
No
673/2005
Having regard to Council Regulation (EC) No 673/2005 of
contain specific exemptions from the additional import
25 April 2005 establishing additional customs duties on
duty. Since the applicability of those exemptions is
imports of certain products originating in the United States of
dependent on certain conditions being met before the
America ( 1 ), and in particular Article 3 thereof,
entry into force or on the date of application of Regu
lation (EC) No 673/2005, the exemptions cannot in
Whereas:
practice apply for imports of the new product added

by this Regulation to the list in Annex I. Specific
provisions should therefore be adopted to make these
(1) As
a
result
of
the
United
States’
failure
to
bring
the
exemptions effective for imports of that product.
Continued Dumping and Subsidy Offset Act (CDSOA)
in compliance with its obligations under the WTO agree
ments, Regulation (EC) No 673/2005 imposed a 15 % ad
(6) To
avoid
circumvention
of
the
additional
duty,
this
valorem additional customs duty on imports of certain
Implementing Regulation should enter into force on
products originating in the United States as from
the day of its publication.
1 May 2005. In conformity with the WTO authorisation
to suspend the application of concessions to the United
(7) The
measures
provided
for
in
this
Implementing
Regu
States, the Commission is to adjust the level of
lation are in accordance with the opinion delivered by
suspension annually to the level of nullification or
the Committee on Trade Retaliation,
impairment caused by the CDSOA to the European
Union at that time.
HAS ADOPTED THIS REGULATION:
(2) The
CDSOA
disbursements
for
the
most
recent
year
for
which data are available relate to the distribution of anti-
Article 1
dumping and countervailing duties collected during the
Annex I to Regulation (EC) No 673/2005 is replaced by Annex
Fiscal Year 2012 (1 October 2011 - 30 September 2012)
I to this Regulation.
as well as to the CDSOA additional 2012 distribution of
anti-dumping and countervailing duties held during Fiscal
Years 2006, 2007, 2008, 2009 and 2010, respectively.
Article 2
On the basis of the data published by the United States’
Customs and Border Protection, the level of nullification
Annex II to Regulation (EC) No 673/2005 is replaced by Annex
or impairment caused to the Union is calculated at USD
II to this Regulation.
60 774 402.
Article 3
(3) Since the level of nullification or impairment and
An ad valorem duty of 26 % additional to the customs duty shall
consequently of suspension has increased, the last
be imposed on the products originating in the United States of
product of the list in Annex II to Regulation (EC) No
America listed in Annex I to Regulation (EC) No 673/2005.
673/2005 should be added to the list set out in Annex I
to Regulation (EC) No 673/2005. However, the level of
suspension cannot be adjusted to the level of nullification
Article 4
or impairment by adding or removing products from the
list in Annex I to Regulation (EC) No 673/2005. As a
1. Products for which an import licence with an exemption
consequence, in accordance with Article 3(1)(e) of that
from, or a reduction of duty, was issued before the date of entry
Regulation, the Commission should amend the rate of
into force of this Regulation shall not be subject to the
the additional duty in order to adjust the level of
additional duty provided they are classified under one of the
suspension to the level of nullification or impairment.
following CN codes ( 2 ): 6204 62 31.
The four products listed in Annex I should therefore
be maintained on the list and the rate of additional
( 2 ) The description of products classified under these codes can be
import duty should be amended and set at 26 %.
found in Annex I to Council Regulation (EEC) No 2658/87 (OJ
L 256, 7.9.1987, p. 1), as replaced by Commission Regulation
(EC) 1810/2004 (OJ L 327, 30.10.2004, p. 1), as amended by
( 1 ) OJ L 110, 30.4.2005, p. 1.
Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

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EN
18.4.2013 Official
Journal
of
the
European
Union L
108/7
2. Products for which it can be demonstrated that they are
Article 5
already en route to the European Union or in temporary storage
or in a free zone or free warehouse or under a suspensive
This Regulation shall enter into force on the day of its
procedure within the meaning of Article 84(1)(a) of Council
publication in the Official Journal of the European Union.
Regulation (EEC) No 2913/92 of 12 October 1992 establishing
the Community Customs Code ( 1 ) 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: 6204 62 31.
It shall apply from 1 May 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 April 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 302, 19.10.1992, p. 1.

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L 108/8
EN
Official Journal of the European Union
18.4.2013
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 Regulation (EEC) No 2658/87.
0710 40 00
9003 19 30
8705 10 00
6204 62 31
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 Regulation (EEC) No 2658/87.

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