S.I. No. 84/1979:

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

EUROPEAN COMMUNITIES (IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN IRON AND STEEL GOODS) 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. 267/79/ECSC¹ of the 9th day of February, 1979, and Commission Recommendation No. 294/79/ECSC² of the 13th day of February, 1979, 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, 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;

"customs duty" means a duty of customs included in the Schedule of Customs Duties in the Common Customs Tariff³ 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 2nd day of April, 1979, 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 sub-heading ex 73.11 AI 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 from another Member State of the European Economic Communities and in respect of which a provisional anti-dumping duty has been charged in accordance with Recommendation No. 267/79/ECSC.

¹ OJ No. L 37, 13/2, 1979, p. 21.

² OJ No. L 41, 16/2, 1979, p. 29.

³ OJ No. L 335, 1/12, 1978, p. 3.

(2) Subject to Article 5 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 Statement⁴ (as amended) concerning basic prices of certain iron and steel products.

4. (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 April, 1979, and are of the following description, that is to say, hematite pig iron, with a content of more than 1% silicon and containing at least 0.1% of manganese by weight, which is classified at tariff sub-heading ex 73.01 B of the Common Customs Tariff, and which originates 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 Communities and in respect of which a provisional anti-dumping duty has been charged in accordance with Recommendation No. 294/79/ECSC.

(2) Subject to Article 5 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 (as amended) concerning basic prices of certain iron and steel products.

5. If the importer of goods of the kind specified in Articles 3 and 4 of these Regulations establishes to the satisfaction of the Revenue Commissioners that the difference between the import price and the effective price 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, the amount of the duty imposed by those Articles shall be reduced by the amount of the diminution in value.

6. 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. 802/68⁵ of the 27th day of June, 1968 (as amended).

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

⁴OJ No. L 353, 31/12, 1977, p. 1.

⁵OJ No. L 148, 28/6, 1968, p. 1.

GIVEN under my Official Seal, this 22nd day of March, 1979.

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 iron and steel goods, as described in Article 3, originating in Spain and on imports of certain iron goods, as described in Article 4, originating in Brazil. Except as provided in Article 5 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.