S.I. No. 69/1978:

EUROPEAN COMMUNITIES (IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN SHEETS AND PLATES OF IRON OR STEEL) (NO. 5) REGULATIONS, 1978.

EUROPEAN COMMUNITIES (IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN SHEETS AND PLATES OF IRON OR STEEL) (NO. 5) REGULATIONS, 1978.

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 purposes of giving effect to Commission Recommendation No. 262/78/ECSC ¹ of the 7th day of February, 1978, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Sheets and Plates of Iron or Steel) (No. 5) Regulations, 1978.

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;

"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.

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 13th day of March, 1978, 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 mm. or more, which are classified at tariff sub-heading 73.13 B.I. (a) of the Common Customs Tariff, and which originate in Poland, other than goods of that description which originate in Poland 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. 262/78/ECSC.

¹ OJ No. L 39, 9/2, 1978, p. 13.

² OJ No. L 289, 14/11, 1977, p. 3.

(2) 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 Statement ³ concerning basic prices of certain iron and steel products.

4. 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 E.E.C. No. 802/68 ⁴ of the 27th day of June, 1968 (as amended).

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

GIVEN under my Official Seal, this 8th day of March, 1978.

DESMOND O'MALLEY,

Minister for Industry, Commerce and Energy.

EXPLANATORY NOTE.

These Regulations provide for the imposition of a provisional anti-dumping duty on imports of certain sheets and plates of iron or steel, as described in the Regulations, originating in Poland. The duty shall 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.

As a member of the Communities, Ireland is obliged, by virtue of the Commission Recommendation referred to in the Regulations, to impose the duty.

³ OJ No. L 353, 31/12, 1977, p. 1.

⁴ OJ No. L 148, 28/6, 1968, p. 1.