S.I. No. 121/1971 - Imposition of Duties (Dumping and Subsidies) (No. 3) (Anti-Dumping Duty on Urea) Order, 1971.

S.I. No. 121 of 1971.

IMPOSITION OF DUTIES (DUMPING AND SUBSIDIES) (No. 3) (ANTI-DUMPING DUTY ON UREA) ORDER, 1971.

WHEREAS, during an investigation by An Coimisiún Dumpála under section 7 of the Imposition of Duties (Dumping and Subsidies) Act, 1968 (No. 11 of 1968), in relation to goods of the kind specified in Article 3 of the Order following, that Commission recommended to the Minister for Industry and Commerce that a provisional duty be imposed for a period of six months on goods of the kind aforesaid:

AND WHEREAS, by the Imposition of Duties (Dumping and Subsidies) (Provisional Duty on Urea) Order, 1970 ( S.I. No. 230 of 1970 ), the Minister for Industry and Commerce imposed a provisional duty at the rates set out in that Order on goods of the kind aforesaid:

AND WHEREAS, as a result of the said investigation, that Commission recommended to the Minister for Industry and Commerce that an anti-dumping duty at the rates set out in the Order following be imposed on goods of the kind aforesaid:

AND WHEREAS the Minister for Industry and Commerce is satisfied that there has been injurious dumping of goods of the kind aforesaid:

AND WHEREAS the Minister for Industry and Commerce is further satisfied that there has been dumping of those goods on which the said provisional duty is chargeable and that the dumping would, but for the said provisional duty, have caused material injury to an industry in the State :

NOW THEREFORE the Government, in exercise of the powers conferred on them by section 14 of the said Imposition of Duties (Dumping and Subsidies) Act, 1968 , hereby order as follows:

1. This Order may be cited as the Imposition of Duties (Dumping and Subsidies) (No. 3) (Anti-dumpting Duty on Urea) Order, 1971.

2. This Order shall come into operation on the 6th day of April, 1971.

3. (l) An anti-dumping duty of an amount calculated in accordance with paragraph (2) of this Article shall be charged, levied and paid on—

(a) urea that is classified at tariff heading number 29.25 or 31.02 in the Schedule to the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966 ( S.I. No. 132 of 1966 ) and

(b) compounds which are classified at tariff heading number 31.02 or 31.05 (D) in the said Schedule and which consist essentially of urea,

on which the provisional duty imposed by the Imposition of Duties (Dumping and Subsidies) (Provisional Duty on Urea) Order, 1970 ( S.I. No. 230 of 1970 ), is chargeable, or which are imported after the commencement of this Order.

(2) The duty imposed by this Order shall be at the rate of—

(a) in the case of urea or compounds consisting essentially of urea that are produced in whole or in part in, or are exported from, Portugal, £7 per ton,

(b) in the case of urea or compounds consisting essentially of urea that—

(i) are produced in whole or in part in, or are exported from, Romania, and

(ii) are not chargeable with duty at the rate specified in sub-paragraph (a) of this paragraph, £5 per ton, and

(c) in the case of urea or compounds consisting essentially of urea that—

(i) are produced in whole or in part in, or are exported from, Poland, and

(ii) are not chargeable with duty at the rate specified in subparagraph (a) or (b) of this paragraph, £3 per ton.

(3) (a) The duty imposed by this Order shall not be charged or levied if 25% or more of the value of the goods concerned, ascertained in accordance with the Origin of Manufactured Goods Regulations, 1966 ( S.I. No. 202 of 1966 ), is the result of labour in the United Kingdom and the goods are exported to the State from the United Kingdom.

(b) In this paragraph "the United Kingdom" means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.

4. (1) A person who imports, or proposes to import, urea or compounds consisting essentially of urea chargeable with the duty imposed by this Order may, at any time before, and, in any event not later than three months after, the date of importation apply to the Minister for Industry and Commerce for relief from the duty imposed by this Order.

(2) The Minister for Industry and Commerce, if he is satisfied that the urea or compounds consisting essentially of urea are being imported for use for a purpose other than than as a fertiliser, shall request the Revenue Commissioners to remit or to repay the duty.

(3) The Revenue Commissioners shall comply with a request of the Minister for Industry and Commerce made under this Article.

5. The duty imposed by this Order is hereby placed under the care and management of the Revenue Commissioners.

GIVEN under the Official Seal of the Government, this 30th day of March, 1971.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This Order provides for the imposition of anti-dumping duties on imports of urea at the rate of £7 per ton on urea from Portugal, £5 per ton on urea from Romania and £3 per ton on urea from Poland.