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S.I. No. 234/1979 - European Communities (Anti-Dumping Duty on Certain Goods of Iron and Steel) Regulations, 1979.

S.I. No. 234 of 1979.

EUROPEAN COMMUNITIES (ANTI-DUMPING DUTY ON CERTAIN GOODS OF IRON AND STEEL) REGULATIONS, 1979.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, 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. 935/79/ECSC1 of the 8th day of May, 1979, to Commission Recommendation No. 950/79/ECSC2 of the 14th day of May, 1979, to Commission Recommendation No. 1083/79/ECSC3 of the 30th day of May, 1979, and to Commission Recommendation No. 1218/79/ ECSC4 of the 19th day of June, 1979, hereby make the following regulations:

1 OJ No. L117, 12/5, 1979, p. 16.

2 OJ No. L120, 16/5, 1979, p. 11.

3 OJ No. L135, 1/6, 1979, p. 54.

4 OJ No. L153, 21/6, 1979, p. 17.

1. These Regulations may be cited as the European Communities (Anti-Dumping Duty on Certain Goods of Iron and Steel) Regulations, 1979.

2. In these Regulations—

"the Commission" means the Commission of the European Communities;

"import price" in relation to goods imported into the State means the price paid for such goods by the person who so imports the goods under a contract of sale and includes the cost of insurance and freight and the amount of any customs duty chargeable thereon under any other enactment;

"custom duty" means a duty of customs included in the Schedule of Customs Duties in the Common Customs Tariff5 of the European Economic Community.

5OJ No. L335, 1/12, 1978, p. 3.

3. (1) Subject to Article 7 of these Regulations, an anti-dumping duty at the rate specified in Article 6 of these Regulations shall, with effect from the 12th day of May, 1979, be charged, levied and paid on goods that are imported into the State and are of the following description, that is to say, certain angles, shapes and U, I or H sections of iron or steel, not further worked than hot-rolled or extruded which are classified at tariff heading number 73.11 A1 of the Common Customs Tariff, and which originate in Spain, other than goods of that description which originate in Spain and are imported into the State either—

( a ) directly from Spain, or

( b ) from another Member State of the European Economic Communities and in respect of which an anti-dumping duty has been charged in accordance with Commission Recommendation No. 935/79/ECSC of the 8th day of May, 1979.

(2) The duty imposed by this Article shall not be charged, levied or paid in respect of any goods which are intended for use in a shipbuilding yard within the European Economic Community.

4. Subject to Article 7 of these Regulations, an anti-dumping duty at the rate specified in Article 6 of these Regulations shall, with effect from the 16th day of May, 1979, be charged, levied and paid on goods that are imported into the State and are of the following description, that is to say, hematite pig iron with a silicon content of more than 1% and containing at least 0.1% of manganese by weight which is classified at tariff heading number ex 73.01B of the Common Customs Tariff, and which originate in Brazil, other than goods of that description which originate in Brazil and are imported into the State either—

( a ) directly from Brazil, or

( b ) from another Member State of the European Economic Communities and in respect of which an anti-dumping duty has been charged in accordance with Commission Recommendation No. 950/79/ECSC of the 14th day of May, 1979.

5. (1) Subject to Article 7 of these Regulations, an anti-dumping duty at the rate specified in Article 6 of these Regulations shall, with effect from the 1st day of June, 1979, be charged, levied and paid on goods that are imported into the State and are of the following description, that is to say, sheets and plates of iron or steel other than electrical, not further worked than hot rolled, of a thickness of 2 millimetres or more which are classified at tariff heading number 73.13 BI (a) of the Common Customs Tariff, and which originate in Spain, other than goods of that description which originate in Spain and are imported into the State either—

( a ) directly from Spain, or

( b ) from another Member State of the European Economic Communities and in respect of which an anti-dumping duty has been charged in accordance with Commission Recommendation No. 1083/79/ECSC of the 30th day of May, 1979.

(2) The duty imposed by this Article shall not be charged, levied or paid in respect of any goods which are intended for use in a shipbuilding yard within the European Economic Community.

6. The duty imposed by these Regulations shall be at the rate of an amount equal to the amount by which the import price of the goods on which it is payable is lower than the effective price specified in relation to the goods in the Commission Statement6 (as amended) concerning basic prices of certain iron and steel products.

6OJ No. L353, 31/12, 1977, p. 1.

7. If the importer of the goods of the kind specified in Articles 3, 4 and 5 of these Regulations establishes to the satisfaction of the Revenue Commissioners that the difference between the import price of the goods and the effective price of the goods is due to a diminution in value resulting from the fact that the quality of the goods is inferior to the lowest quality described in the Commission Statement (as amended), the amount of the duty imposed by those Articles shall be reduced by the amount of such diminution in value.

8. For the purposes of these Regulations, the country of origin of goods shall be determined in accordance with the rules of origin contained in Council Regulation (EEC) No. 802/687 of the 27th day of June, 1968 (as amended), and the country from which goods are imported shall be determined in accordance with the provisions of Commission Recommendation No. 1218/79/ECSC of the 19th day of June, 1979.

7OJ No. L148, 28/6, 1968, p. 1.

9. The duty imposed by these Regulations is hereby placed under the care and management of the Revenue Commissioners.

GIVEN under my Official Seal, this 2nd day of July, 1979.

DESMOND O'MALLEY,

Minister for Industry, Commerce

and Energy.

EXPLANATORY NOTE.

These Regulations provide for the imposition of an anti-dumping duty on indirect imports of certain iron and steel goods as described in Articles 3 and 5 originating in Spain and on indirect imports of certain iron goods as described in Article 4, originating in Brazil. Except as provided in Articles 3 (2), 5 (2) and 7, the duty shall in each case be at the rate of an amount equal to the amount by which the import price of the goods on which it is payable is lower than the effective price specified in relation to the goods in the Commission Statement (as amended) concerning basic prices of certain iron and steel products.