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On 28 April 2016, the Official Journal published Commission Delegated Regulation (EU) 2016/654 of 26 February 2016 amending Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America. The Delegated Regulation amends the Regulation that established retaliatory duties (of 15%) on certain products originating in the United States as a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (CDSOA, more commonly known as the ‘Byrd Amendment’) in compliance with its obligations under the World Trade Organisation (WTO) agreements. In conformity with the WTO authorisation to suspend the application of concessions to the United States, the Commission is required to adjust the level of suspension annually to the level of nullification or impairment caused by the CDSOA to the European Union at that time. The CDSOA disbursements for the most recent year for which data are available relate to the distribution of anti-dumping and countervailing duties collected during the fiscal year 2015 (1 October 2014 to 30 September 2015) as well as the additional distribution of anti-dumping and countervailing duties collected during the fiscal years 2011 and 2014. On the basis of the data published by the U.S. Customs and Border Protection, the level of nullification or impairment caused to the Union is calculated at USD 887 696. The level of nullification or impairment and consequently of suspension has decreased. However, the level of suspension cannot be adjusted to the level of nullification or impairment by adding or removing products from the list in Annex I to Regulation (EC) No 673/2005. As a consequence, in accordance with Article 3(1)(e) of Regulation (EC) No 673/2005, the Commission kept the list of products in Annex I to that Regulation unchanged and amended the rate of the additional duty in order to adjust the level of suspension to the level of nullification or impairment. The four products listed in Annex I to Regulation (EC) No 673/2005 will therefore be maintained on the list and the rate of additional import duty is amended and set at 0,45 %. The products on which additional duties apply are identified by their eight-digit CN codes: 0710 40 00, 9003 19 30, 8705 10 00, and 6204 62 31. |
