S.I. No. 307/1978:

EUROPEAN COMMUNITIES (IMPOSITION OF ANTI-DUMPING DUTY ON CERTAIN GOODS OF IRON AND STEEL) REGULATIONS, 1978.

EUROPEAN COMMUNITIES (IMPOSITION OF ANTI-DUMPING DUTY ON CERTAIN GOODS OF IRON AND STEEL) 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 purpose of giving effect to Commission Recommendations No. 790/78/ECSC¹ of the 19th day of April, 1978, No. 811/78/ECSC² of the 21st day of April, 1978, No. 932/78/ECSC³ of the 2nd day of May, 1978 and No. 1006/78/ECSC⁴ of the 18th day of May, 1978, hereby make the following regulations:

¹ OJ No. L106, 20/4, 1978, p. 21.

² OJ No. L108, 22/4, 1978, p. 26.

³ OJ No. L120, 4/5, 1978, p. 22.

⁴ OJ No. L131, 19/5, 1978, p. 8.

1. These Regulations may be cited as the European Communities (Imposition of Anti-Dumping Duty on Certain Goods of Iron and Steel) 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 ⁵ of the European Economic Community.

⁵OJ No. L289, 14/11, 1977, p. 3.

3. (1) Subject to Article 6 of these Regulations, an anti-dumping duty at the rate specified in Article 5 of these Regulations shall be charged, levied and paid on goods that are imported into the State and are of the following description, that is to say, iron or steel coils for re-rolling which are classified at tariff heading number 73.08 of the Common Customs Tariff, and which originate in South Korea or Bulgaria, other than goods of that description which originate in South Korea or Bulgaria and are imported into the State from another Member State of the European Economic Community and in respect of which an anti-dumping duty has been paid in accordance with Recommendations No. 790/78/ECSC or 932/78/ECSC.

(2) This Article in so far as it relates to goods which originate in South Korea shall be deemed to have come into operation on the 20th day of April, 1978, and in so far as it relates to goods which originate in Bulgaria shall be deemed to have come into operation on the 4th day of May, 1978.

4. (1) Subject to Article 6 of these Regulations, an anti-dumping duty at the rate specified in Article 5 of these Regulations shall be charged, levied and paid on goods of the following description, that is to say,

( a ) sheets and plates of iron and 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 Bulgaria, the German Democratic Republic or Romania, and

( b ) zinc-coated (other than electrolytically) steel sheets and plates (galvanised) which are classified at tariff sub-heading 73.13 B.IV. of the Common Customs Tariff and which originate in the German Democratic Republic,

other than goods of those descriptions which originate in Bulgaria, the German Democratic Republic or Romania and are imported into the State from another Member State of the European Economic Community and in respect of which an anti-dumping duty has been paid in accordance with either Recommendation No. 811/78/ECSC or Recommendation No. 1006/78/ECSC.

(2) This Article in so far as it relates to goods which originate in Bulgaria or Romania shall be deemed to have come into operation on the 22nd day of April, 1978, and in so far as it relates to goods which originate in the German Democratic Republic shall be deemed to have come into operation on the 19th day of May, 1978.

5. 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 concerning basic prices of certain iron or steel products.

⁶OJ No. L183, 5/7, 1978, p. 3.

6. In any case where the importer of any goods to which this Order relates satisfies the Revenue Commissioners that the import price of the goods is lower than the effective price specified in relation to the goods in the Commission Statement concerning basic prices of iron and steel goods because the goods concerned are inferior to the lowest quality described in the said Commission Statement, the Revenue Commissioners may refund to the importer so much of the duties paid pursuant to these Regulations as, in their opinion, is represented by the inferior value of the said goods.

7. 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. 802/68⁷ of the 27th day of June, 1968 (as amended).

⁷OJ No. L148, 28/6, 1968, p. 1.

8. 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 November, 1978.

DESMOND O'MALLEY,

Minister for Industry, Commerce and Energy.

EXPLANATORY NOTE.

These Regulations provide for the imposition of an anti-dumping duty on imports of certain iron and steel goods, as described in the Regulations, originating in South Korea, the German Democratic Republic, Bulgaria or Romania. 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 Recommendations referred to in the Regulations, to impose this duty.