S.I. No. 292/1982:

EUROPEAN COMMUNITIES (IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN IRON AND STEEL GOODS) (AMENDMENT) REGULATIONS, 1982.

EUROPEAN COMMUNITIES (IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN IRON AND STEEL GOODS) (AMENDMENT) REGULATIONS, 1982.

I, DESMOND O'MALLEY, Minister for Trade, Commerce and Tourism, 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. 2086/82/ECSC of 28 July 1982¹, hereby make the following regulations:

¹ O.J. No. L221 of 30.7.1982, P. 17.

1. These Regulations may be cited as the European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) (Amendment) Regulations, 1982.

2. A word or expression that is used in these Regulations and is also used in Commission Recommendation No. 1104/82/ECSC of 6 May 1982² or Commission Recommendation No. 2086/82/ECSC of 28 July 1982 shall, unless the contrary intention appears, have in these Regulations the same meaning as it has in whichever of those Recommendations it is used.

² O.J. No. L128 of 11.5.1982, P. 9.

3. The European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) Regulations, 1982 ( S.I. No. 237 of 1982 ), are hereby amended as respects goods imported into the State on or after the 2nd day of August 1982--

( a ) by the substitution of the following paragraph for paragraph (2) of Article 3:

"(2) Subject to Article 4 of these Regulations, the duty imposed by paragraph (1) of this Article shall be at the rate of an amount equal to--

( a ) 50 ECU per 1,000 kilograms net, or

( b ) the amount by which the effective price (basic price plus extras) established by contract, free-at-frontier, duty-paid is lower than the effective price (basic price plus extras) specified in relation to those goods in the Commission Statement,

whichever amount is the higher.", and

( b ) by the substitution of the following paragraph for paragraph (1) of Article 4:

"(1) Where goods of the kind specified in Article 3 of these Regulations are not put into free circulation on the basis of the price to the first purchaser within the European Communities, the amount of the duty imposed by paragraph (1) of Article 3 of these Regulations shall be at the rate of an amount equal to--

( a ) 50 ECU per 1,000 kilograms net, or

( b ) the amount by which the effective price (basic price plus extras) established by contract, free-at-frontier, duty-paid is lower than the effective price (basic price plus extras), specified in relation to those goods in the Commission Statement and increased by 15 per cent,

whichever amount is the higher.".

GIVEN under my Official Seal, this 6th day of September, 1982.

DESMOND O'MALLEY,

Minister for Trade, Commerce and Tourism.

EXPLANATORY NOTE.

These Regulations provide for the amendment of the European Communities (Imposition of Provisional Anti-Dumping Duty on Certain Iron and Steel Goods) Regulations, 1982 imposing a provisional anti-dumping duty on imports of certain iron and steel goods, as described in Article 3 of those Regulations, originating in Brazil.

The amount of the duty shall be equal to

50 ECU per 1,000 kg net

or

the amount by which the import price is lower than the price published by the Commission of the European Communities

whichever amount is higher.

Where the products are not put into free circulation on the basis of the price to the first purchaser in the Community, the amount of the duty shall be equal to

50 ECU per 1,000 kg net

or

the amount by which the import price is lower than the price published by the Commission of the European Communities and increased by 15

whichever amount is higher.