Amendments to Additional Duties, Applicable to Imports from the USA
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In reaction on the United States’ failure to bring its legislation (the Continued Dumping and Subsidy Offset Act (“Byrd Amendment”) into compliance with its commitments under WTO agreements, the EU imposed additional customs duties on imports of certain products originating in the US. This retaliatory measure is reviewed on a yearly basis by 1 May.
In January 2003 the WTO Dispute Settlement Body came to the conclusion that the Byrd Amendment does not comply with the US’s commitments resulting from WTO agreements. Due to the fact that the US did not bring its legislation into accordance with international agreements, the EU was entitled to impose an additional 15% customs duty, collected in addition to regular duties, on selected products originating in the US. These additional duties have been applied since May 2005.
The scope of products subject to the additional duty is reviewed and amended once a year in order to maintain appropriate compensation of the negative impacts of US trade measures. The recently published Commission regulation No. 305/2010 introduces an updated list of products that will be subject to the additional duty as of 1 May 2010.
Compared to the previous periods, the list of products to which the 15% additional duty applies more than doubled. The following table shows the customs tariff codes of products that will be subject to additional duty upon import to the EU if originating from the US:
0710 40 00 |
6201 13 10* |
6204 43 00* |
* newly added items |
It is clear from the list that the additional duty impacts imports of a wide range of products, mainly men’s and women’s clothing, but also other products, such as sweet corn, dairy products, frames for spectacles, crane lorries, prefabricated buildings etc.
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