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,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 673/2005 is replaced by Annex I to this Regulation.

Article 2

Annex II to Regulation (EC) No 673/2005 is replaced by Annex II to this Regulation.

Article 3

1. Products classified under the CN codes 63014010, 63013010, 63013090, 63014090, 48185000, 90091100, 90091200 and 84672199 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 63014010, 63013010, 63013090, 63014090, 48185000, 90091100, 90091200 and 84672199 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.

Article 4

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.

Done at Brussels, 24 April 2006.

For the Commission

Peter Mandelson

Member of the Commission

[1] OJ L 110, 30.4.2005, p. 1.

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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].

48201090

48205000

48209000

48203000

48201050

62046311

62046918

62046390

61046300

62034311

61034300

62046318

62034319

62046990

62034390

07104000

90031930

87051000

63014010

63013010

63013090

63014090

48185000

90091100

90091200

84672199

[1] OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 486/2006 (OJ L 88, 25.3.2006, p. 1).

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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.

48030031

48183000

48182010

94037090

61109010

61101910

61101990

61101210

61101110

61103010

61101290

61102010

61101130

61101190

61109090

61103091

61103099

61102099

61102091

96081010

64021900

64041100

64031900

61052090

61052010

61061000

62064000

62053000

62063000

61051000

62052000

94060011

94060038

61013010

61023010

62011210

62011310

61023090

62019200

61013090

62029300

62021100

62011390

62019300

62011290

62044200

61044300

62044910

62044400

62044300

62034231

62046231

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