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12.4.2012 Official
Journal
of
the
European
Union L
102/5
COMMISSION IMPLEMENTING REGULATION (EU) No 308/2012
of 11 April 2012
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,
consequence, in accordance with Article 3(1)(e) of that
Regulation, the Commission should keep the list of
Having regard to the Treaty on the Functioning of the European
products in Annex I unchanged and amend the rate of
Union,
the additional duty in order to adjust the level of
suspension to the level of nullification or impairment.
Having regard to Council Regulation (EC) No 673/2005 of
The three products listed in Annex I should therefore
25 April 2005 establishing additional customs duties on
be maintained on the list and the rate of additional
imports of certain products originating in the United States of
import duty should be amended and set at 6 %.
America ( 1 ), and in particular Article 3 thereof,
(4) The
effect
of
a
6
% ad valorem additional import duty on
Whereas:
imports from the United States of the products in Annex
I represents, over one year, a value of trade that does not
(1) As
a
result
of
the
United
States’
failure
to
bring
the
exceed USD 3 241 000.
Continued Dumping and Subsidy Offset Act (CDSOA)
in compliance with its obligations under the WTO agree
(5) To
make
sure
that
there
are
no
delays
in
the
application
ments, Regulation (EC) No 673/2005 imposed a 15 % ad
of the amended rate of additional import 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
(6) The
measures
provided
for
in
this
Implementing
States, the Commission is to adjust the level of
Regulation are in accordance with the opinion delivered
suspension annually to the level of nullification or
by 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
An ad valorem duty of 6 % additional to the customs duty
Fiscal Year 2011 (1 October 2010 – 30 September
applicable under Council Regulation (EEC) No 2913/92 ( 2 )
2011). On the basis of the data published by the
shall be imposed on the products originating in the United
United States’ Customs and Border Protection, the level
States of America listed in Annex I to Regulation (EC)
of nullification or impairment caused to the Union is
No 673/2005.
calculated at USD 3 241 000.
Article 2
(3) The
level
of
nullification
or
impairment
and
consequently
of suspension has decreased. However, the level of
This Regulation shall enter into force on the day of its
suspension cannot be adjusted to the level of nullification
publication in the Official Journal of the European Union.
or impairment by adding or removing products from the
list in Annex I to Regulation (EC) No 673/2005. As a
It shall apply from 1 May 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 April 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 110, 30.4.2005, p. 1.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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L 102/6
EN
Official Journal of the European Union
12.4.2012
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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Document Outline

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