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Council Regulation (EEC) No 812/86 of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply article 10 CELEX: 31986R0812 General provisions on duties
1. Authorizations to impose anti-dumping duties shall state, in particular, the amount and type of duty imposed, the product concerned, the exporting country or country of origin, the name of the supplier, if available, and the grounds on which they are based. 2. The rate of such duties shall not exceed the dumping margin; it should be less if such lesser duty would be adequate to remove the injury. 3. (a) Anti-dumping duties may not be imposed or increased with retroactive effect. (b) However, where the Commission finds that an undertaking has been violated, anti-dumping duties may be levied on products which are or would have been liable to import duties under Council Directive No 79/623/EEC of 25 June 1979 on the harmonization of provisions laid down by law, regulation or administrative action relating to customs debt (1) from up to 90 days before the date of imposition of the duties, except that such retroactive levying of duties shall not apply to imports entered for home use in the Community of Ten before the violation. |
Council Regulation (EEC) No 812/86 of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply article 10 CELEX: 31986R0812 4. Where a product is imported into the Community of Ten or into Spain or Portugal from more than one country, duty shall be levied at an appropriate rate on a non-discriminatory basis on all imports of such products found to be dumped and to be causing injury except those from sources in respect of which undertakings have been accepted. 5. Where the producers in only part of the Community of Ten have been taken to represent an industry, the Commission shall give the exporters concerned an opportunity to offer undertakings pursuant to Article 8 in respect of that part. If an adequate undertaking is not given promptly or is not fulfilled, a duty may be imposed in respect of the injured Member State or States. 6. Except where specifically provided otherwise when the anti-dumping duty is imposed, the rules on the common definition of origin and the relevant common implementing provisions shall apply. |
Council Regulation (EEC) No 812/86 of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply article 10 CELEX: 31986R0812 7. Anti-dumping duties shall be collected by the injured Member State or States authorized to take protective measures in the form, at the rate and on the other terms laid down when the duties are imposed, and independently of the customs duties, taxes and other charges normally charged on imports. |