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Additional customs duties on imports of certain products originating in the USA. Codification

2014/0175(COD)

PURPOSE: to adopt a codified version of Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America.

LEGISLATIVE ACT: Regulation (EU) 2018/196 of the European Parliament and of the Council on additional customs duties on imports of certain products originating in the United States of America.

CONTENT: this Regulation consolidates and replaces Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America. The codification is carried out for the sake of clarity and rationality, since the Regulation has been substantially amended several times.

The main elements of the codified Regulation are:

Additional duties: the Regulation stipulates that the tariff concessions and related obligations under GATT 1994 of the Union shall be suspended in respect of products originating in the United States listed in Annex I to this Regulation. It states that an ad valorem import duty of 4.3 % additional to the customs duty applicable under Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code shall be imposed on the products originating in the United States listed in Annex I to this Regulation.

The products on which additional import duties are to apply are identified by their eight-digit CN codes. The description of products classified under these codes can be found in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff:

  • 0710 40 00 (sweet corn);
  • ex 9003 19 00 (frames of metal base);
  • 8705 10 00 (crane lorries);
  • 6204 62 31 (other denim trousers).

Not subject to the application of the additional import duty:

  • products listed in Annex I for which an import licence with an exemption from, or a reduction of, duty was issued before 30 April 2005;
  • products listed in Annex I which are admitted free of import duties pursuant to Council Regulation (EC) No 1186/2009 setting up a Community system of reliefs from customs duty.

Annual adjustments: the Commission shall adjust the level of suspension annually to the level of nullification or impairment caused by the United States' Continued Dumping and Subsidy Offset Act (CDSOA) to the Union at that time. It shall amend the rate of the additional import duty or the list in Annex I while respecting the conditions laid down in the Regulation.

ENTRY INTO FORCE: 8.3.2018.

DELEGATED ACTS: the Commission may adopt delegated acts in respect of amending the rate of the additional import duty or the lists in Annexes I and II. The power to adopt such acts is conferred on the Commission for a period of five years (renewable) from 20 February 2014. The European Parliament or the Council shall have the right to oppose a delegated act within a period of two months (extendable two months) from the notification of the act.