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U.S. Apparel Mostly Affected by EC Byrd Amendment Sanctions

The following is an update on the European Commission’s recent announcement that effective May 1, 2010, it would expand the list of U.S. products subject to an additional 15% import duty due to U.S. payout of benefits under the Continued Dumping and Subsidy Offset Act or Byrd Amendment.1

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Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

(See ITT’s Online Archives or 04/21/10 news, (Ref: 10042130), for BP summary of the EC’s announcement.)

Additional 15% Duty Will Soon Apply to 19 New CN Codes

Effective May 1, 2010, 19 new eight-digit Combined Nomenclature (CN) codes1 will be added to the existing 14 CN codes that are subject to an additional 15% duty, for a total of 33 CN codes subject to the additional duties.

Most Affected Products Are Apparel

Most of the affected products (28 out of 33) are apparel products.

Product Descriptions

The product descriptions of these affected CN codes are as follows:

19 CN codes to be added May 1, 2010:

6101.30.10Men's or boys overcoats, car coats, capes, cloaks and similar articles of man-made fibers
6101.30.90Men's or boys anoraks (including ski jackets), windcheaters, wind-jackets and similar articles of man-made fibers
6102.30.10Women's or girls' overcoats, car coats, capes, cloaks and similar articles of man-made fibers
6102.30.90Women's or girls' anoraks (including ski jackets), windcheaters, wind-jackets and similar articles of man-made fibers
6104.43.00Women's or girls' dresses of synthetic fibers
6201.12.10Men's or boys' overcoats, raincoats, car coats, capes, cloaks and similar articles of cotton of a weight, per garment, not exceeding 1 kg
6201.12.90Men's or boys' overcoats, raincoats, car coats, capes, cloaks and similar articles of cotton of a weight, per garment, exceeding 1 kg
6201.13.10Men's or boys' overcoats, raincoats, car coats, capes, cloaks and similar articles of man-made fibers of a weight, per garment, not exceeding 1 kg
6201.13.90Men's or boys' overcoats, raincoats, car coats, capes, cloaks and similar articles of man-made fibers of a weight, per garment, exceeding 1 kg
6201.92.00Men's or boys' overcoats, raincoats, car coats, capes, cloaks and similar articles, other, of cotton
6201.93.00Men's or boys' overcoats, raincoats, car coats, capes, cloaks and similar articles, other, of man-made fibers
6202.11.00Women's or girls' overcoats, raincoats, car coats, capes, cloaks and similar articles of wool or fine animal hair
6202.93.00Women's or girls' overcoats, raincoats, car coats, capes, cloaks and similar articles, other, of man-made fibers
6203.42.31Men's or boys' trousers and breeches, other, of cotton, denim
6204.42.00Women's or girls' dresses of cotton
6204.43.00Women's or girls' dresses of synthetic fibers
6204.44.00Women's or girls' dresses of artificial fibers
6204.49.10Women's or girls' dresses of silk or silk waste
9406.00.38Prefabricated buildings, of iron or steel, other

14 CN codes continued from 2009:

0710.40.00Sweetcorn
4820.10.50Diaries
6103.43.00Men's or boys' trousers, bib and brace overalls, breeches and shorts of synthetic fibers
6104.63.00Women's or girls' trousers, bib and brace overalls, breeches and shorts of synthetic fibers
6203.43.11Men’s or boys’ trousers and breeches, industrial and occupational
6203.43.19Men’s or boys’ trousers and breeches, other
6203.43.90Men’s or boys’ bib and brace overalls, other
6204.63.11Women's or girls' trousers and breeches, industrial and occupational
6204.63.18Women's or girls' trousers and breeches, other
6204.63.90Women's or girls' bib and brace overalls, other
6204.69.18Women's or girls' trousers and breeches, other
6204.69.90Women's or girls' bib and brace overalls, of other textile materials
8705.10.00Crane lorries
9003.19.30Frames and mountings of base metal

(The CN product descriptions are taken from the 10/31/09 version of Annex I of the Combined Nomenclature Regulation, which is described on the EC’s Website as the latest available online version.)

1The U.S. repealed the Byrd Amendment in 2006 after the World Trade Organization found it infringed WTO rules. However, the repeal called for a delayed effective date of October 1, 2007. This delay, and the fact that the reimbursements have continued after the effective date, led to retaliatory sanctions by the European Union and Japan starting in 2005. Japan reduced its sanctions in 2008 and 2009, and the EC reduced its sanctions in 2009 due to reduced Byrd amendment disbursements.

EC CN code product descriptions available http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:287:0001:0897:EN:PDF