S.I. No. 217/1970 - Imposition of Duties (Dumping and Subsidies) (No. 2) (Anti-Dumping Duty on Calcium Ammonium Nitrate) Order, 1970.

S.I. No. 217 of 1970.

IMPOSITION OF DUTIES (DUMPING AND SUBSIDIES) (NO. 2) (ANTI-DUMPING DUTY ON CALCIUM AMMONIUM NITRATE) ORDER, 1970.

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 at the rate of £11 per ton 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 Calcium Ammonium Nitrate) Order, 1970 ( S.I. No. 69 of 1970 ), the Minister for Industry and Commerce imposed a provisional duty at the rate of £11 per ton 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 rate of £11 per ton 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. 2) (Anti-dumping Duty on Calcium Ammonium Nitrate) Order, 1970.

2. This Order shall come into operation on the 6th day of October, 1970.

3. (1) An anti-dumping duty at the rate of £11 per ton shall be charged, levied and paid on a mixture of calcium nitrate and ammonium nitrate (commonly known as calcium ammonium nitrate) that is classified at tariff heading number 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 is produced in whole or in part in or is exported from Portugal, and on which the provisional duty imposed by the Imposition of Duties (Dumping and Subsidies) (Provisional Duty on Calcium Ammonium Nitrate) Order, 1970 ( S.I. No. 69 of 1970 ), is chargeable, or which is imported after the commencement of this Order.

(2) For the purpose of this Order a compound that is classified at tariff heading number 31·02 or 31·05 (D) in the said Schedule and which consists essentially of calcium ammonium nitrate, which is produced in whole or in part in or is exported from Portugal, shall be chargeable with the duty imposed by this Article as if it were calcium ammonium nitrate chargeable with the said duty.

(3) ( a ) The duty imposed by this Article 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. 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 29th day

of September, 1970.

SEÁN Ó LOINSIGH.

Taoiseach.

EXPLANATORY NOTE.

This Order provides for the imposition of an anti-dumping duty at a rate of £11 per ton on imports of calcium ammonium nitrate from Portugal.