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S.I. No. 308/1978 - European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) (No. 2) Regulations, 1978.

S.I. No. 308 of 1978.

EUROPEAN COMMUNITIES (IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN IRON AND STEEL GOODS) (No. 2) 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. 933/78/ECSC1 of the 2nd day of May, 1978, No. 971/78/ECSC2 of the 11th day of May, 1978, and No. 1181/78/ECSC3 of the 31 st day of May, 1978, hereby make the following regulations:

1 OJ No. L120, 4/5/1978,p. 25.

2 OJ No. L 125, 13/5/1978, p. 20.

3 OJ No. L145, 1/6/1978, p. 45.

1. These Regulations may be cited as the European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) (No. 2) 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 Tariff4 of the European Economic Community.

4OJ No. L289, 14/11/1977, p. 3.

3. (1) Subject to Article 6 of these Regulations, a provisional 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, 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 Recommendations No. 933/78/ECSC and No. 1181/78/ECSC.

(2) This Article shall be deemed to have come into operation on the 9th day of May, 1978.

4. (1) Subject to Article 6 of these Regulations, a provisional 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 Australia other than goods of that description which originate in Australia 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. 971/78/ECSC.

(2) This Article shall be deemed to have come into operation on the 16th 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 Statement5 concerning basic prices of certain iron and steel products.

5OJ 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 imported 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. 802/686 of the 27th day of June, 1968 (as amended).

6OJ 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, Commerceand 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 the Regulations, originating in Poland or Australia. 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.