S.I. No. 322/1982 - European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) (No. 2) Regulations, 1982.

		S.I. No. 322 of 1982.
		EUROPEAN COMMUNITIES (IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN IRON AND STEEL GOODS) (NO. 2) REGULATIONS, 1982.
		I, ALBERT REYNOLDS, Minister for Trade, Commerce and Tourism, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Commission Recommendation No. 2242/82/ECSC ¹ of 10 August, 1982, hereby make the following regulations:
		¹ O.J. No. L.238, 13.8.1982, p. 32-34. 1. These Regulations may be cited as the European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) (No. 2) Regulations, 1982. 2. (1) In these Regulations—
		"the Commission" means the Commission of the European Communities;
		"Commission Statement" means the statement published on the 29th day of December, 1981, concerning the basic prices of certain iron and steel products, as amended from time to time, which statement is, for the time being, the most recent effective price published by the Commission referred to in Article 1 of Commission Recommendation No. 2242/82/ECSC of 10 August, 1982.
		(2) A word or expression that is used in these Regulations and is also used in Commission Recommendation No. 2242/82/ECSC of 10 August, 1982, shall, unless the contrary intention appears, have in these Regulations the same meaning that it has in that Recommendation. 3. (1) A provisional anti-dumping duty at the rate specified in paragraph (2) of this Regulation shall be charged, levied and paid on goods that are imported into the State on or after the 2nd day of November, 1982, and are of the following description, that is to say, broad-flanged beams, of iron or steel, classified at tariff sub-heading number 73.11 A ex I of the Common Customs Tariff and corresponding to NIMEXE code 73.11-12 originating in Spain other than goods of that description which originate in Spain and are imported into the State from another Member State of the European Communities and in respect of which a provisional anti-dumping duty has been charged in accordance with Commission Recommendation No. 2242/82/ECSC.
		(2) Subject to paragraph (3) of this Regulation, the duty imposed by paragraph (1) of this Regulation shall be at the rate of an amount equal to:
		( a ) the amount by which the effective price of the goods concerned (basic price plus extras) established by contract, free-at-frontier, duty-paid, is lower than the effective price of the goods concerned (basic price plus extras) published in the Commission Statement, or
		( b ) 8.63 ECU per 1,000 kilogrammes net,
		whichever amount is the higher.
		(3) Subject to paragraph (4) of this Regulation, where the goods concerned are not put into free circulation on the basis of the price to the first purchaser within the European Communities, the duty imposed by paragraph (1) of this Regulation shall be at the rate of an amount equal to:
		( a ) the amount by which the effective price (basic price plus extras) established by contract, free-at-frontier, duty-paid, is lower than the effective price (basic price plus extras) published in the Commission Statement and increased by 15 per cent, or
		( b ) 8.63 ECU per 1,000 kilogrammes net,
		whichever amount is the higher.
		(4) Notwithstanding paragraph (3) of this Regulation, where the importer of the goods concerned establishes to the satisfaction of the Revenue Commissioners the price paid for the goods by the first purchaser thereof, the duty imposed by paragraph (1) of this Regulation shall be charged at whichever of the rates specified in paragraph (2) of this Regulation is appropriate. 4. For the purpose of these Regulations, the country of origin of goods shall be determined in accordance with the rules of origin contained in Council Regulation E.E.C. No. 802/68² of 27 June, 1968, as amended from time to time.
		² O.J. No. L.148, 28.6.1968, p. 1. 5. The European Communities (Anti-Dumping Duty on Certain Goods of Iron and Steel) Regulations, 1979 ( S.I. No. 234 of 1979 .), are hereby amended by the insertion in Regulation 3 (1) after "U, I or H sections" of "(other than H sections (broad-flanged beams) falling within NIMEXE code 73.11-12)". 6. The duty imposed by these Regulations is hereby placed under the care and management of the Revenue Commissioners.
		GIVEN under my Official Seal, this 26th day of October, 1982.
		ALBERT REYNOLDS,
		Minister for Trade, Commerce and Tourism.
		EXPLANATORY NOTE.
		These Regulations provide for the imposition of a provisional anti-dumping duty on imports of certain iron and steel goods, as described in paragraph 3, originating in Spain.
		The amount of the duty shall be equal to:
		the amount by which the import price is lower than the price published by the Commission of the European Communities
		or
		8.63 ECU per 1,000 kilogrammes net,
		whichever amount is the higher.
		Where the products are not put into free circulation on the basis of the price to the first purchaser in the Community, the amount of the duty shall be equal to
		the amount by which the import price is lower than the price published by the Commission of the European Communities and increased by 15 per cent,
		or
		8.63 ECU per 1,000 kilogrammes net,
		whichever amount is the higher.
		These Regulations also provide for the amendment of the European Communities (Anti-Dumping Duty on Certain Goods of Iron and Steel) Regulations, 1979 ( S.I. No. 234 of 1979 ), by the insertion in Regulation 3 (1) after "U, I or H sections" of "(other than H sections (broad-flanged beams) falling within NIMEXE code 73.11-12)".