
Article 1 
The tariff concessions and related obligations under GATT 1994 of the Community are hereby suspended in respect of products originating in the United States of America listed in Annex I to this Regulation.
Article 2 
An ad valorem duty of 15 % additional to the customs duty applicable under Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code shall be imposed on the products originating in the United States of America listed in Annex I to this Regulation.
Article 3 

1. 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 Community at that time. The Commission shall amend the rate of the additional duty or the list in Annex I under the following conditions:
(a) The level of nullification or impairment shall be equal to 72 % of the amount of disbursements under the CDSOA relating to anti-dumping and countervailing duties paid on imports from the Community for the most recent year for which data are available at that time, as published by the United States' authorities;
(b) The amendment shall be made so that the effect of the additional import duty on imports of the selected products originating in the United States represents, over one year, a value of trade that does not exceed the level of nullification or impairment;
(c) Except in circumstances set out in point (e), when the level of suspension increases, the Commission shall add products to the list in Annex I. These products shall be selected from the list in Annex II following the order of that list;
(d) Except in circumstances set out in point (e), when the level of suspension decreases, products shall be withdrawn from the list in Annex I. The Commission shall remove, first, products that are presently in the list in Annex II and were added to the list in Annex I at a later stage. The Commission shall then remove products that are presently in the list in Annex I following the order of that list;
(e) The Commission shall amend the rate of the additional duty when 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.
2. When products are added to the list in Annex I, the Commission shall, at the same time, amend the list in Annex II by removing those products from the list in Annex II. The order of the products remaining in the list in Annex II shall not be modified.
3. The decisions under this Article shall be adopted in accordance with the procedure laid down in Article 4(2).
Article 4 

1. The Commission shall be assisted by a Committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Article 5 
The origin of any product to which this Regulation applies shall be determined in accordance with the provisions of Regulation (EEC) No 2913/92.
Article 6 

1. Products listed in Annex I for which an import licence with an exemption from, or a reduction of duty, was issued before the date of entry into force of this Regulation shall not be subject to the additional duty.
2. Products listed in Annex I for which it can be demonstrated that they are already en route to the Community on the date of application of this Regulation, and whose destination cannot be changed, shall not be subject to the additional duty.
3. Products listed in Annex I which are admitted free of import duties pursuant to Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty shall not be subject to the additional duty.
4. Products listed in Annex I may be placed under the customs procedure ‘Processing under Customs Control’ in accordance with the first subparagraph of Article 551(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code only where the examination of the economic conditions has taken place in the Committee of the Customs Code unless the products and operations are mentioned in Annex 76, Part A of that Regulation.
Article 7 
The Council, acting by qualified majority on a proposal from the Commission, shall decide on the repeal of this Regulation once the United States of America has fully implemented the recommendation of the WTO Dispute Settlement Body.
Article 8 
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Luxembourg, 25 April 2005.
For the Council
The President
J. ASSELBORN
ANNEX I

The products on which additional 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 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff.

 4820 10 90
 4820 50 00
 4820 90 00
 4820 30 00
 4820 10 50
 6204 63 11
 6204 69 18
 6204 63 90
 6104 63 00
 6203 43 11
 6103 43 00
 6204 63 18
 6203 43 19
 6204 69 90
 6203 43 90
 0710 40 00
 9003 19 30
 8705 10 00

ANNEX II

The products in this Annex are identified by their eight-digit CN codes. The description of products classified under these codes can be found in Annex I to Regulation (EEC) No 2658/87.

 6301 40 10
 6301 30 10
 6301 30 90
 6301 40 90
 4818 50 00
 9009 11 00
 9009 12 00
 8467 21 99
 4803 00 31
 4818 30 00
 4818 20 10
 9403 70 90
 6110 90 10
 6110 19 10
 6110 19 90
 6110 12 10
 6110 11 10
 6110 30 10
 6110 12 90
 6110 20 10
 6110 11 30
 6110 11 90
 6110 90 90
 6110 30 91
 6110 30 99
 6110 20 99
 6110 20 91
 9608 10 10
 6402 19 00
 6404 11 00
 6403 19 00
 6105 20 90
 6105 20 10
 6106 10 00
 6206 40 00
 6205 30 00
 6206 30 00
 6105 10 00
 6205 20 00
 9406 00 11
 9406 00 38
 6101 30 10
 6102 30 10
 6201 12 10
 6201 13 10
 6102 30 90
 6201 92 00
 6101 30 90
 6202 93 00
 6202 11 00
 6201 13 90
 6201 93 00
 6201 12 90
 6204 42 00
 6104 43 00
 6204 49 10
 6204 44 00
 6204 43 00
 6203 42 31
 6204 62 31
