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S.I. No. 237/1982 - European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) Regulations, 1982.

S.I. No. 237 of 1982.

EUROPEAN COMMUNITIES (IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN IRON AND STEEL GOODS) REGULATIONS, 1982.

I, DESMOND O'MALLEY, 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. 1104/82/ECSC 1 of the 6th day of May, 1982, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) Regulations, 1982.

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;

"customs duty" means a duty of customs included in the Schedule of Customs Duties in the Common Customs Tariff 2 of the European Economic Community;

2 O.J No. L335, 1/12/1978, P. 3.

"Commission Statement" means the statement published on the 29th day of December, 19813, concerning the basic prices of certain iron and steel products, which statement is the most recent effective price published by the Commission referred to in Article 1.2 of Commission Recommendation No. 1104/82/ECSC 1.

1 O.J No. L128, 11/5/1982, P. 9-11.

3 O.J No. L372, 29/12/1981, P. 1.

3. (1) A provisional anti-dumping duty at the rate specified in paragraph (2) of this Article shall be charged, levied and paid on goods that are imported into the State on or after the 2nd day of August, 1982, and are of the following description, that is to say, sheets and plates, of iron or steel, not further worked than cold-rolled, of a thickness of less than 3 mm, which are classified at tariff sub-headings number 73.13 BII(b) and 73.13 BII(c) 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 from another Member State of the European Economic Community and in respect of which a provisional anti-dumping duty has been charged in accordance with Recommendation No. 1104/82/ECSC.

(2) Subject to Article 4 of these Regulations, the duty imposed by paragraph (1) of this Article 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 Statement.

4. (1) Where goods of the kind specified in Article 3 of these Regulations are not put into free circulation on the basis of the price to the first purchaser within the European Community, the amount of the duty shall be the amount by which the import price is lower than the effective price specified in relation to these goods in the Commission Statement increased by fifteen per cent.

(2) In any case where the importer of the goods is able to establish to the satisfaction of the Revenue Commissioners the price paid by the first purchaser of the goods, the amount of the duty shall be the amount specified in Article 3 of these Regulations.

5. 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 EEC. No. 802/684 of the 27th day of June, 1968 (as amended).

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

4 OJ No. L148, 28/6/1968, P. 1.

GIVEN under my Official Seal, this 26th day of July, 1982.

DESMOND O'MALLEY.

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 Article 3, originating in Brazil. Except as provided in Article 4, the duty shall in each case be at a rate equal to the amount by which the import price, as described in the Regulations, is lower than the price published by the Commission of the European Communities.