On 25 April 2018, the Official Journal published Commission Delegated Regulation (EU) 2018/632 of 19 February 2018 amending Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America which revises the amount of the additional duty on goods from the United States that are subject to retaliatory duties as a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (CDSOA, also known as the ‘Byrd Amendment’) in compliance with its obligations under the 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 cad used 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 2017 (1 October 2016-30 September 2017). On the basis of the data published by the United States’ Customs and Border Protection, the level of nullification or impairment caused to the Union is calculated at USD 682 823.

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. By removing all of the products but one, the level of retaliation (4,3 % of additional import duty) would be in excess of, whereas by leaving the last product in Annex I, it would be below the 72 % of the CDSOA disbursement amount. As a consequence, in accordance with Article 3(1)(e) of that Regulation, the Commission is keeping list of products in Annex I unchanged and is instead amending 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 should therefore be maintained on the list and the rate of additional import duty should be amended and set at 0,3 %.

Accordingly, Regulation (EC) No 673/2005 is amended as follows:

(1) Article 2 of Regulation (EC) No 673/2005 is replaced by the following:

‘Article 2

An ad valorem duty of 0,3 % additional to the customs duty applicable under Regulation (EU) No 952/2013 (*1) shall be imposed on the products originating in the United States of America listed in Annex I to this Regulation.

(2) Annex I to Regulation (EC) No 673/2005 is replaced by the text in the Annex to this Regulation.

ANNEX I

The products on which additional duties are to apply are classified under the eight-digit CN codes and match the given descriptions.

0710 40 00 Sweetcorn
6204 62 31 Women’s or girl’s trousers and breeches, other than industrial and occupational, of denim cotton
8705 10 00 Crane lorries
ex 9003 19 00 Frames and mountings for spectacles, goggles or the like, of base metal