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36                                        Jornal Oficial das Comunidades Europeias                             1 1 /Fase. 1 6
382R2871
 1 . 11 . 82                             Jornal Oficial das Comunidades Europeias                             N? L 307/ 1 1
                                      DECISÃO N? 2871 /82 /CECA DA COMISSÃO
                           1                      de 21 de Outubro de 1982
                 respeitante à conclusão de um Convénio com os Estados Unidos da América relativo ao aço
A COMISSÃO DAS COMUNIDADES EUROPEIAS,                            des americanas anuladas em contrapartida de uma limita­
                                                                 ção das exportações comunitárias, e o texto de uma
Tendo em conta o Tratado que institui a Comunidade               Troca de Cartas cuja aprovação as Partes acordaram em
Europeia do Carvão e do Aço e, nomeadamente, o seu               recomendar às suas autoridades respectivas ;
artigo 95?,
Considerando que a indústria comunitária do aço atra­            Considerando que a decisão de concluir um tal Convé­
vessa uma crise importante e que, com o objectivo de
                                                                 nio é necessária à realização, no funcionamento do mer­
                                                                 cado comum siderúrgico, dos objectivos do Tratado tal
auxiliar a sua reestruturação em condições socialmente
aceitáveis, a Comunidade foi levada a tomar uma série            como são definidos, em especial, no segundo parágrafo
                                                                 do artigo 2? do Tratado, e que o Tratado não previu
de medidas, nomeadamente, um regime de quotas de
                                                                 todos os casos a que a presente decisão se aplica ; que,
produção para certos produtos, acompanhado de uma                aliás, a presente decisão não afecta a competência dos
certa disciplina de escoamento no mercado comunitário,
                                                                 Estados-membros em matéria de política comercial, refe­
bem como o reforço das regras em matéria de práticas e           rida no artigo 71 ? do Tratado ;
preços não discriminatórios e a sua extensão a certos
comerciantes e o estabelecimento de normas comunitá­             Após consulta do Comité Consultivo e com o parecer fa­
rias em matéria de auxílios ;                                    vorável do Conselho, deliberando por unanimidade,
Considerando que os Estados Unidos tomaram uma série             ADOPTOU A PRESENTE DECISÃO :
de medidas relativas ao escoamento de produtos siderúr­
gicos comunitários nos seus mercados ; que, com efeito,                                    Artigo Io.
recorreram a direitos anti-dumping, a direitos de com­           1.    O Convénio entre a Comunidade Europeia do Car­
pensação e a outras medidas relativas ao escoamento da           vão e do Aço e os Estados Unidos da América, relativo
produção comunitária no referido mercado ; que essas             às trocas comerciais de certos produtos siderúrgicos, a
medidas podem provocar o desvio de quantitades impor­            concluir sob fòrma de Troca de Cartas, é aprovado em
tantes de produtos siderúrgicos dos seus mercados ame­           nome da Comunidade Europeia do Carvão e do Aço.
ricanos tradicionais para outros mercados, incluindo o
mercado comunitário ;                                            2.    Os textos do Convénio e da Troca de Cartas vêm
                                                                 anexos à presente decisão.
Considerando que, face a esta situação, torna-se necessá­
rio manter um escoamento razoável de produtos siderúr­                                     Artigo 2°.
gicos no mercado dos Estados Unidos, primeiro mercado
de exportação da indústria comunitária ; que, com tal fi­        A Comissão designará, de entre os seus membros, aquele
nalidade, foram iniciadas, pela Comissão, negociações            que está habilitado a proceder à Troca de Cartas para o
                                                                 efeito de vincular a Comunidade .
com os Estados Unidos da América na sequência da De­
cisão do Conselho de 24 de Julho de 1982 , de que resul­                                   Artigo 3°
tou, em 6 de Outubro de 1982, o texto de um Convénio
que prevê, nomeadamente, que as denúncias da indústria           A presente decisão entra em vigor no dia da sua publica­
americana sejam retiradas e que as medidas das autorida­         ção no Jornal Oficial das Comunidades Europeias.
              A presente decisão é obrigatória em todos os seus elementos e directamente aplicável em. todos
              os Estados-membros .
              Feito em Bruxelas em 21 de Outubro de 1982 .
                                                                                     Pela Comissão
                                                                                 Étienne DAVIGNON
                                                                                     Vice-Presidente
 ---pagebreak--- 11 / Fase. 16                               Jornal Oficial das Comunidades Europeias                             37
                                                                 The Honorable Malcolm Baldridge,
                                                                 Secretary,
                                                                 Department of Commerce,
                                                                 Washington DC 20230,
                                                                 USA
                                                                                       Brussels, 21 October 1982
              Dear Mr Secretary,
              As we have discussed, the European Coal and Steel Community and the European Economic
              Community (EC) are prepared to restrain certain steel exports to the United States.
              It is our understanding that, in conjunction with such action by the EC, the United States
              Government is prepared' to undertake certain other actions vis-à-vis trade in these products .
              The elements of our programme and a description of the complementary US actions are set
              forth in the enclosed text (the Arrangement).
              In entering into this Arrangement, the EC does not admit to having bestowed subsidies on the
              manufacture, production or exportation of the products that are the subject of the countervai­
              ling duty petitions to be withdrawn or that any such subsidies have caused any material injury
              in the USA. Neither does it admit that its enterprises have engaged in dumping practices which
              are the subject of the anti-dumping duty petitions to be withdrawn or that any such practices
              have caused any material injury in the USA.
              This Arrangement is entered into without prejudice to the rights of the US Government and of
              the EC under GATT.
              We understand that the t US Government recognizes the implications of this Arrangement vis­
              à-vis trade in certain steel products, as defined in the Arrangement with the EC, for internatio­
              nal competitiveness, national economic and security interests, and trade in capital goods, and
              will be fully cognizant of these implications in exercising its discretionary authority under Sec­
              tion 337 of the Tariff Act of 1930, Sections 201 and 301 of the Trade Act of 1974, Section 232
              of the Trade Expansion Act of 1962, and Section 103 of the Revenue Act of 1971 with regard
              to such products and shall do so only after consultations with the EC .
              The independent forecaster for the purposes of Article 5 of the Arrangement shall be Data
              Resources, Inc.
              Consultations between the EC and the US will be held in 1985 to review the desirability of
              extending and possibly modifying the Arrangement.
              I look forward to hearing from you at your early convenience.
              Yours faithfully,
                                                                                       Etienne DAVIGNON
                                                                                           Vice Président
                                                         (ENCLOSURE)
 ---pagebreak--- 38                                            Jornal Oficial das Comunidades Europeias                                     11 / Fase. 16
                                                         ARRANGEMENT
                 concerning trade in certain steel products between the European Coal and Steel Community
                 (hereinafter referred to as 'the ECSC') and the United States (hereinafter referred to as 'the US')
                   1 . Basis of the Arrangement                               Section 301 of the Trade Act of 1974 (other than
                                                                              Section 301 'Petitions relating to third-country sa­
Recognizing the policy of the ECSC of restructuring its                       les by US exporters')j or Section 337 of the Tariff
steel industry including the progressive elimination of                       Act of 1930, on the Arrangement products during
State aids pursuant to the ECSC State Aids Code ; recog­                      the period in which this Arrangement is in effect.
nizing also the process of modernization and structural
change in the United States of America (hereinafter re­
ferred to as 'the USA'); recognizing the importance as
concluded by the OECD of restoring the competitiveness               (b) If, during the period in which this Arrangement is in
of OECD steel industries ; and recognizing, therefore,                    effect, any such investigations (2) or investigations
the importance of stability in trade in certain steel pro­                under Section 201 of the Trade Act of 1974, Section
ducts between the European Economic Community (here­                      232 of the Trade Expansion Act of 1962, or Section
inafter referred to as 'the Community') and the USA.                      301 of the Trade Act of 1974 (other than Section
                                                                          301 'Petitions relating to third-country sales by US
                                                                          exporters') are initiated or petitions filed or litigation
The objective of this Arrangemenent is to give time to                    (including anti-trust litigation) instituted with respect
permit restructuring and therefore to create a period of                  to the Arrangement products, and the petitioner or
trade stability.                                                          litigant is one of those referred to in Article 2 (a),
                                                                          the ECSC shall be entitled to terminate the Arrange­
                                                                          ment with respect to some or all of the Arrangement
                                                                          products, after consultations with the US, at the
To this effect the ECSC (l) shall restrain exports to or                  earliest 15 days after such consultation.
destined for consumption in the USA of products descri­
bed in Article 3 (a), originating in the Community (such
exports hereinafter referred to as 'the Arrangement pro­
ducts'), for the period 1 November 1982 to 31 December                    If such petitions are filed or litigation commenced by
1985 .                                                                    petitioners or litigants other than those referred to in
                                                                          the previous paragraph, or investigations initiated, on
                                                                          any of the Arrangement products, the ECSC will be
                                                                          entitled to terminate the Arrangement with respect to
The ECSC shall ensure that, in regard to exports effec­                   the Arrangement product which is the subject of the
ted between 1 August and 31 October 1982, aberrations                     petition, litigation or investigation, after consultation
from seasonal trade patterns of Arrangement products                      with the US, at the earliest 15 days after such consul­
will be accommodated in the ensuing licensing period.                     tation. In addition, if during these consultations it is
                                                                          determined that the petition, litigation or investiga­
                                                                          tion threatens to impair the attainment of the objec­
                                                                          tives of the Arrangement, then the ECSC shall be
  2 . Condition — Withdrawal of petitions ; new petitions                 entitled to terminate the Arrangement, with respect
                                                                          to some or all Arrangement products, at the earliest
(a) The entry into effect of this Arrangement is con­                      15 days after such consultations.
      ditional upon :
      1 . the withdrawal of the petitions and termination of              These consultations will take into account the nature
          all investigations concerning all countervailing                of the petitions or litigation, the identity of the peti­
          duty and anti-dumping duty petitions listed in                  tioner or litigant, the amount of trade involved, the
          Appendix A at the latest by 21 October 1982 ; and               scope of relief sought and other relevant factors.
      2. receipt by the US at the same time of an under­
          taking from all such petitioners not to file any           (c) If, during the term of this Arrangement, any of the
          petitions seeking import relief under US law,                   abovementioned proceedings or litigation is institu­
          including countervailing duty, anti-dumping duty,               ted in the USA against certain steel products as defi­
                                                                          ned in Article 3 (b), imported from the Community,
(') To the extent that the Arrangement products are subject to
     the Treaty establishing the European Economic Community         O With respect to any Section 337 investigation, the parties
     (the EEC), the term 'ECSC' should be substituted by 'EEC'.          shall consult to determine the basis for the investigation.
 ---pagebreak---  11 / Fase. 16                              Jornal Oficial das Comunidades Europeias                                       39
      which are not subject to this Arrangement and which               — rails : 8-90 % ,
       substantially threaten its objective, then the ECSC
       and the US, before taking any other measure, shall
      consult to consider appropriate remedial measures .               — sheet piling : 21-85 % .
                     3 . Product description                             For the purposes of this Arrangement, 'US apparent
                                                                         consumption' shall mean shipments (deliveries) minus
(a) The produets are :                                                  exports plus imports, as described in Appendix D.
      — hot-rolled sheet and strip,
                                                                    (b) Where Arrangement products imported into the USA
      — cold-rolled sheet,                                               are subsequently re-exported therefrom, without
                                                                        having been subject to substantial transformation,
      — plate,                                                          the export ceiling for such products for the period
      — structurals,                                                    corresponding to the time of such re-export shall be
                                                                        increased by the same amount.
      — wire rods,
      — hot-rolled bars,                                            (c) For the purposes of this Arrangement, the USA shall
                                                                        comprise both the US customs territory and US fo­
      — coated sheet,                                                   reign trade zones. In consequence, the entry into the
                                                                        US customs territory of Arrangement products which
      — tin plate,                                                      have already entered into a foreign trade zone shall
                                                                        not then be again taken into account as imports of
      — rails,                                                          Arrangement products.
      — sheet piling,
      as described and classified in Appendix B by refe­           5. Calculation and revision of US apparent consumption
      rence to corresponding Tariff Schedules of the Uni­                          forecast and of export limits
      ted States Annotated (TSUSA) item numbers and EC
      NIMEXE classification numbers.                               The US, in agreement with ECSC, will select an inde­
                                                                   pendent forecaster which will provide the estimate of US
(b) For purposes of this Arrangement, the term 'certain            apparent consumption for the purposes of this Arrange­
                                                                   ment .
      steel products' refers to the products described in
      Appendix E.
                                                                   For the initial period, a first projection of the US appa­
                         4 . Export limits                         rent consumption, by product, will be established as early
                                                                   as possible and in any event before 20 October 1982 . A
(a) For the period 1 November 1982 to 31 December                  provisional export ceiling for each product will then be
      1983 (hereinafter referred to as 'the initial period'),      calculated for that period by multiplying the US apparent
      and thereafter for each of the years 1984 and 1985 ,         consumption of each product by the percentage indicated
      export licences shall be required for the Arrangement        in Article 4 for that product. These figures for projected
      products. Such licences shall be issued to Community         consumption will be revised, in December 1982, Fe­
      exporters for each product, in quantities no greater         bruary, May, August and October of 1983, by the said
      than the following percentages, of the projected US          independent forecasters, and appropriate adjustments
      apparent consumption (hereinafter referred to as 'ex­        will be made to the export ceilings for each product ta­
      port ceilings') for the relevant period :                    king into account licences already issued under Article 4.
      — hot-rolled sheet and strip : 6-81 %,
                                                                   The same procedure will be followed to calculate and
     — cold-rolled sheet : 5-11 °/o ,                              revise the US apparent consumption and export ceilings
                                                                   for 1984 and for 1985, the first projection being estab­
      — plate : 5-36 % ,                                           lished by the independent forecasters by 1 October of
                                                                   1983 and 1984 respectively.
      — structurals : 9-91 °/o ,
      — wire rods : 4-29 % ,
                                                                   In February of each year, as from 1984, adjustments to
      — hot-rolled bars : 2-38 °/o ,                               that year's export ceiling for each product will be made
                                                                   for differences between the forecasted US apparent con­
     — coated sheet : 3-27 % ,                                     sumption and actual US apparent consumption of that
                                                                   product in the previous year or (in February 1984) in the
     — tin plate : 2-20 % ,                                        initial period.
 ---pagebreak---  40                                        Jornal Oficial das Comunidades Europeias                                11 / Fase. 16
                       6. Export licences                              paragraph or use of licences in December or Ja­
                                                                       nuary/February under Article 6 (a). Accordingly,
 (a) By Decisions and Regulations to be published in the               changes in a given year or the initial period by use of
       Official Journal of the European Communities, the               more than one of those three provisions may be
      ECSC will require an export licence for all Arrange­             made only upon agreement between the ECSC and
      ment products. Such export licences will be issued in            the US .   -
      a manner that will avoid abnormal concentration in
      exports of Arrangement products to the USA, taking
      into account seasonal trade patterns . The ECSC shall
      take such action, including the imposition of penal­                               8 . Short supply
      ties, as may be necessary to make effective the obli­
      gations resulting from the export licences . The            On the occasion of each quarterly consultation provided
                                                                  for in Article 10, the US and the ECSC will examine the
      ECSC will inform the US of any violations concer­
      ning the export licences which come to its attention        supply and demand situation in the USA for each of the
      and the action taken with respect thereto.                  products listed in Appendix B. If the US in consultation
                                                                  with the ECSC determines that, because of abnormal
                                                                  supply or demand factors, the US steel industry will be
      Export licences will provide that shipment must be          unable to meet demand in the USA for a particular prod­
     made within a period of three months .                       uct (including substantial objective evidence such as
                                                                  allocation, extended delivery periods or other relevant
      Export licences will be issued against the export ceil­     factors), an additional tonnage shall be allowed for
     ing for the initial period or a specific calendar year,      such product or products, by a special issue of licences,
     as the case may be. Export licences may be used as           limited to 10 % of the ECSC's unadjusted export ceiling
     early as 1 December of the previous year within a            for that product or products .
     limit of 8 % of the ceiling for the given year. Export
     licences may not be used after 31 December of the
     year for which they are issued, except that licences         In extraordinary circumstances, as determined by the US
     not so used may be used during the first two months          in consultation with the ECSC, the US will increase the
     of the following year with a limit of 8 % of the ex­         allowable level of special licences .
     port ceiling of the previous year or of 8 % of 86 %
     of the export ceiling of the initial period, as the case
     may be.                                                      Each authorized special issue export licence and certifi­
                                                                  cate derived therefrom shall be so marked . Each such
                                                                  licence, must be used within 180 days after the start of
(b) The ECSC will require that the Arrangement prod­              the quarter when that special issue began.
     ucts shall be accompanied by a certificate, substan­
     tially in the form set out in Appendix C, endorsed in
     relation to such a licence. The US shall require pres­                              9. Momtonng
     entation of such certificate as a condition for entry
     into the USA of the Arrangement products. The US             The ECSC will, within one month of each quarter and
     shall prohibit entry of such products not accom­             for the first time by 31 January 1983 , supply the US with
     panied by such a certificate.                                such non-confidential information on all export licences
                                                                  issued for Arrangement products as is required for the
                                                                  proper functioning of this Arrangement.
                   7. Technical adjustments
(a) The specific product export ceilings provided for in          The US will collect and transmit quarterly to the ECSC
     Article 4 may be adjusted by the ECSC with notice            all non-confidential information relating to certificates
     to the US . Adjustments to increase the volume of            received during the preceding quarter in respect of the
     one product must be offset by an equivalent volume           Arrangement products, and relating , to actions taken in
     reduction for another product for the same period.           respect of Arrangement products for violations of cu­
                                                                  stoms laws .
     Notwithstanding the preceding sentences, no ad­
     justment may be made under this paragraph which
     results in an increase or a decrease in a specific
     product limitation under Article 4 by more than 5 %                                    10 . General
     by volume for the relevant period.
                                                                  Quarterly consultations shall take place between the
     The ECSC and the US may agree to increase the                ECSC and the US on any matter arising out of the oper­
     above percentage limit.                                      ation of the Arrangement. Consultations shall be held at
                                                                  any other time at the request of either the ECSC or the
                                                                  US to discuss any matters, including trends in the import­
(b) Normally, only one change in a specific product               ation of certain steel products, which impair or threaten
     export ceiling in a given year or the initial period         to impair the attainment of the objectives of this Ar­
     may be made by an adjustment under the preceding             rangement.
 ---pagebreak---  1 1 /Fasc. 16                            Jornal Oficial das Comunidades Europeias                                      41
 In particular, if imports from the ECSC of certain steel                        1 1 . Scope of the Arrangement
products other than Arrangement products or of alloy
Arrangement products show a significant increase, indi­          This Arrangement shall apply to the US customs terri­
cating the possibility of diversion of trade from Arrange­       tory (except as otherwise provided in Article 4 (c)) and
ment products to certain steel products other than Ar­           to the territories to which the Treaty establishing the
rangement products or from carbon to alloy within the            ECSC as presently constituted applies on the conditions
same Arrangement product, consultations will be held             laid down in that Treaty.
between the US and the ECSC with the objective of pre­
venting such diversion, taking into account the ECSC                                        12 . Notices
 1981 US market-share levels .
                                                                 For all purposes hereunder, the US and the ECSC shall
                                                                 be represented by and all communications and notices
                                                                 shall be given and addressed to :
Should these consultations demonstrate that there has in­
                                                                 — for the ECSC:
deed been a diversion of trade which is such as to impair
the attainment of the objectives of the Arrangement,                 The Commission of the European Communities
then within 60 days of the request for consultations both            (Directorates General for External Relations (I) and
sides will take the necessary measures for the product               for Internal Market and Industrial Affairs (III)),
concerned in order to prevent such a diversion . For alloy           rue de la Loi, 200,
Arrangement products, such measures will include the                 B-1049 Brussels
creation of separate products for purposes of Articles 3             (tel. 235 11 11 ; telex 21877 COMEU B);
and 4 at the ECSC 1981 US market-share levels . For cer­
tain steel products, . other than Arrangement products,          — for the US:
such measures may include the creation of products for               US Department of Commerce,
purposes of Article 3 and 4.                                         Deputy Assistant Secretary for Import Administra­
                                                                     tion ,
                                                                     International Tråde Administration,
Consultations will also be held if there are indications             Washington DC 20230
that imports from third countries are replacing imports              (tel. 202 / 377 17 80 ; telex 892536 USDOG WSH
from the ECSC .                                                      DAS /IA/ITA).
 ---pagebreak--- 42                               Jornal Oficial das Comunidades Europeias                                        11 /Fase. 16
                                                  Appendix A
                                                                                          J
   List of countervailing duty (CVD) and anti-dumping duty (AD) petitions (') to be withdrawn :
   — CVD petitions, filed on 11 January 1982 by 1 . United States Steel Corporation, 2. Bethlehem Steel
       Corporation, and 3. Republic Steel Corporation, Inland Steel Company, Jones and Laughlin Steel, Inc.,
       National Steel Corporation, and Cyclops Corporation, concerning certain steel products from Belgium,
       France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands, the United Kingdom
       and the European Communities.
   — AD petitions, filed on 11 January 1982 by 1 . United States Steel Corporation, and 2. Bethlehem Steel
       Corporation, concerning certain steel products from Belgium, France, the Federal, Republic of
       Germany, Italy, Luxembourg; the Netherlands and the United Kingdom.
   — CVD petitions, filed on 8 February 1982 by Atlantic Steel Corporation, Georgetown Steel Corporation,
       Georgetown Texas Steel Corporation, Keystone Consolidated, Inc., Korf Industries, Inc., Penn Dixie
       Steel Corporation and Raritan River Steel Company, concerning carbon steel wire rod from Belgium
       and France. ,
   — CVD petitions, filed on 7 May 1982 by United States Steel Corporation, concerning carbon steel wel­
       ded pipe from France, the Federal Republic of Germany and Italy.
   — CVD petition, filed on 3 September 1982 by CF and 1 Steel Corporation, concerning steel rails from
       the European Communities.
   — AD petitions, filed on 3 September 1982 by CF and 1 Steel Corporation, concerning steel rails from
       France, the Federal Republic of Germany and the United Kingdom.
   (*) For purposes of this Arrangement, the term 'petitions' covers all matters included in the petitions filed
       on the dates listed, whether or not the DOC initiated investigations on the products or countries
       concerned.
 ---pagebreak--- 11 / Fase. 16                                    Jornal Oficial das Comunidades Europeias                                             43
                                                                   Appendix B
                                                                Product coverage
                                                                                       NIMEXE
                                         Description                                                             TSUSA number
                                                                                        code (*)
              Hot-rolled carbon steel sheet and strip                               73.08-03                        607.6610
                                                                                            05                      607.6700
                                                                                           07                       607.8342
                                                                                           21                       608.1920
                                                                                           25                       608.2120
                                                                                           29                       608.2320
                                                                                           41
                                                                                           45
                                                                                           49
                                                                                    73.12-19
                                                                                    73.13-21
                                                                                           23
                                                                                           26
                                                                                           32
                                                                                           34
                                                                                            36
                                                                                    73.62-10
                                                                                    73.64-20
                                                                                    7 3.65-23
                                                                                           25
              Hot-rolled alloy steel sheet and strip                                73.72-19                        607.8100
                                                                                    73.74-29                        608.3820 C)
                                                                                    73.75-34 .                      608.5520 O
                                                                                           39                       608.6720 (l)
                                                                                           44
                                                                                           49
              Cold-rolled carbon steel sheet                                        73.12-29 O                      607.8320
                                                                                    73.13-41                        607.8344
                                                                                           43
                                                                                           45
                                                                                           47
                                                                                           49
                                                                                           50
                                                                                    73.64-50 (2)
                                                                                    7 3.65-53
                                                                                           55
              Cold-rolled alloy steel sheet                                         73.74-54 (2)                    607.9320
                                                                                           59 O
                                                                                    73.75-54
                                                                                           59
                                                                                           64
                                                                                           69
              r  Subject to further verification and amendments to be agreed upon by experts of both parties before 1 November 1982 .
              o Covered if hot-rolled .
              o Covered if over 12 inches in width .
 ---pagebreak--- 44                                    Jornal Oficial das Comunidades Europeias                                           11 / Fase. 16
                                                                                NIMEXE
                               Description                                         code
                                                                                                        TSUSA number
   Carbon steel plate                                                        73.09-00                       607.6615 (')
                                                                             73.13-17                       607.9400
                                                                                     19                     608.0710
                                                                                     78                     608.1100
                                                                                     79
                                                                             7 3.62-30
                                                                             73.64-72
                                                                                     75
                                                                             73.65-21
   Alloy steel plate                                                         73.72-39                       607.7800 (')
                                                                             73.75-24                       607.9100
                                                                                     29                     608.1420
   Carbon coated sheet (galvanized carbon steel sheet                        73.12-40   O                   608.0730
   and other carbon coated .sheet)                                                   61 O                   608.1300
                                                                                     63 O
                                                                                     71 O
                                                                                     75 C)
                                                                                     88 O
                                                                             73.13-67
                                                                                     68
                                                                                     72
                                                                                     88
                                                                             73.64-79 O
                                                                             73.65-70
   Alloy coated sheet and terne plate and sheet                              73.12-65 O                     608.0100
                                                                             73.13-74                       608.1440
                                                                             73.74-72 (2)
                                                                                     74 O
                                                                                     89 (2)
                                                                             73.75-79
   Tinplate (not including blackplate)                                       73.12-51 O                     607.9600
                                                                                     59                     607.9700
                                                                             73.13-64                       607.9900
                                                                                     65
   Carbon steel structural shapes                                            73.11-12                       609.8005
                                                                                     14                     609.8015
                                                                                     16                     609.8035
                                                                                     19                     609.8041
                                                                                     20                     609.8045
                                                                                     31
                                                                                     39
                                                                             73.63-10
                                                                                 .   29 O
                                                                                     50
   Alloy steel structural shapes                                             73.73-14   O                   609.8200
                                                                                     19 O
                                                                                     34 O
                                                                                     35 O
                                                                                     36 O
                                                                                     39 C)
                                                                                     49
                                                                                     54
                                                                                     55 C)
                                                                                     59
   (') Excluding semi-finished products, over six inches in thickness, produced by rolling on a primary (slabbing) mill.
   (') Covered if over 12 inches in width.
   (*) Covered if siructural snápes.
 ---pagebreak--- 11 / Fase. 16                                     Jornal Oficial das Comunidades Europeias                         45
                                                                                        NIMEXE
                                          Description                                                TSUSA' number
                                                                                           code
              Carbon wire rod                                                         73.10-1 1        607.1400
                                                                                             16 O      607.1700
                                                                                      73.63-21         607.2200
                                                                                             29 C)     607.2300
                                                                                      73.73-25 (2)
                                                                                             35 C) O
              Hot-rolled carbon steel bar                                             73.10-16 0     ■ 606.8310
                                                                                             42 O      606.8330
                                                                                             49 C)     606.8350
                                                                                      73.63-29 (6)
                                                                                             72 C)
                                                                                             790
                                                                                      73.73-35 (2) O
              Hot-rolled alloy bar                                                    73.73-34  (0     606.9700
                                                                                             35 (')
                                                                                             36 O
                                                                                             39 O
                                                                                             72 O
                                                                                             89 (4)
              Carbon and alloy rails                                                  73.16-11         610.2010
                                                                                             14        610.2020
                                                                                             16        610.2100
                                                                                             17
                                                                                             20
              Carbon and alloy sheet piling                                           73.11-50         609.9600
                                                                                                       609.9800
              (*) Covered if coiled bar from 13 to 18-8 mm in diameter
              (J) Covered if contains up to 0-35 % of lead or sulphur.
              (J) Excluding coiled bar from 13 to 18-8 mm in diameter.
              (4) Not covered if coated, plated or clad .
              (5) Excluded if cold-finished.
              (*) Covered if hot-rolled bar, excluding coiled bar from 13 to 18-8 mm in diameter.
              (') Covered if hot-rolled bar.
              (') Covered if hot-rolled bar, and 0 · 35 % or more of lead or sulphur.
 ---pagebreak---  ---pagebreak--- EUROPEAN COMMUNITY                                                                                                                                                            Appendix C
  1 Exporter (full name and address)                                                                                            CERTIFICATE
                                                                                                                    FOR THE EXPORT OF IRON AND STEEL PRODUCTS
                                                                                                                          TO THE UNITED STATES OF AMERICA
                                                                                                      No                                                                        COPY
  2 Consignee (full name and address)                                                             3 Export licence
                                                                                                      No       /
                                                                                                      issued in                                                     (Member State)
                                                                                                  4 Extract No         /
                                                                                                      issued in                                                     (Member State)
                                                                                                      of export licence No    /
                                                                                                      issued in                                                     (Member State)
NOTES
A. This certificate must be completed on a typewriter and in English.
B. This certificate and the export licence or the extract thereof to which it refers must be produced at the Customs office at which Customs formalities for export to the United States of
   America are completed.
C. This certificate, duly endorsed by the Customs office shown in box no 7, must be produced to the competent authorities in the United States of America at the time of importation.
 5 Marks and numbers - Number and kind of packages - Category and detailed description of iron and steel products                               6 Quantity (metric tonnes)
 7 ENDORSEMENT BY THE COMPETENT CUSTOMS OFFICE IN THE EUROPEAN COMMUNITY
    The quantity (metric tonnes) of iron and steei products shown above has been attributed | | to the export licence shown in box no 3
     I    I to the extract shown in box no 4. *)
    Customs export document :                                                             Signature :                               Stamp :
         type :
         number :
         date :
   Customs office :
   Member State :
    *) The appropriate box to be indicated like this: ÍYJ
 ---pagebreak---  ---pagebreak--- 11 / Fase. 16                                   Jornal Oficial das Comunidades Europeias                                             49
                                                                      Appendix D
                    Concordance between shipment, import and export categories for selected groups of steel mill products
                                                                  1965 to 1981              1979 to 1981                   1981
                               Description                         Shipments                  Exports                     Imports
                                                               (AISI-10 category)       (Schedule B number)         (TSUSA number)
                 1 . Hot-rolled carbon sheet and             31 ; 36                         608.8610                    607.6610
                     strip                                   (carbon only)                   609.0910                    607.6700
                                                                                                                        607.8342
                                                                                                                        608.1920
                                                                                                                        608.2120
                                                                                                                        608.2320
                     Hot-rolled alloy sheet and              31 ; 36                         608.8620                   607.8100
                     strip                                   (alloy only)                    609.0920                   608.3820 C)
                                                                                                                        608.5520 C)
                                                                                                                        608.6720 (')
                 2. Cold-rolled carbon sheet                32                               608.9120                   607.8344
                                                            (carbon only)                                               607.8320
                     Cold-rolled alloy sheet                32                               608.9135                   607.9320
                                                            (alloy only)
                3. Carbon plate                             6                                608.8112                   607.6615 O
                                                            (carbon only)                                               607.9400
                                                                                                                        608.0710
                                                                                                                        608.1100
                     Alloy plate                            6                                608.8121                   607.7800 O
                                                            (alloy only)                                                607.9100
                                                                                                                        608.1420
                4. Carbon structural shapes                 4                                609.8110                   609.8005
                                                            (carbon only)                    608.8120                   609.8015
                                                                                                                        609.8035
                                                                                                                        609.8041
                                                                                                                        609.8045
                     Alloy structural shapes                4                             .  609.8130                   609.8200
                                                            (alloy only)
                5 . Carbon wire rods                        3                                608.7400                   607.1400
                                                            (carbon only)                                               607.1700
                                                                                                                        607.2200
                                                                                                                        607.2300
                6. Hot -rolled carbon bar                   14                               608.4310                   606.8310
                                                            (carbon only)                                               606.8330
                                                                                                                        606.8350
                     Hot-rolled alloy bar                   14                              608.4340                    606.9700
                                                           (alloy only)
              (!) Hot-rolled only.
              (2) Excluding semi-finished products, over six inches in thickness, produced by rolling on a primary (slabbing) mill .
 ---pagebreak--- 50                                Jornal Oficial das Comunidades Europeias                        11 / Fasc. 16
                                               1965 to 1981        1979 to 1981         1981
                  Description                   Shipments            . Exports         Imports
                                            (AISI-10 category) (Schedule B number) (TSUSA number)
    7. Carbon and alloy coated            33A ; 33B ; 34            609.1605          608.0100
        sheet and terne plate and                                   609.1620          608.0730
        sheet                                                       609.1625          608.1300
                                                                    609.1615          608.1440
    8 . Tin plate                         29                        609.1613          607.9600
                                                                    609.1610          607.9700
                                                                                      607.9900
    9. Carbon and alloy rails             7; 8                      610.2205          610.2010
                                                                    610.2215          610.2020
                                                                                      610.2100
   10. Carbon and alloy sheet piling      5                         609.9700          609.9600
                                                                                      609.9800
 ---pagebreak--- 11 / Fase. 16                                Jornal Oficial das Comunidades Europeais                                    51
                                                                Appendix E
                                                     'Certain steel produets' definition
              'Certain steel products* means all products included in the 1982 AISI import categories 1 to 36, excluding
              categories 14 to 19 (inclusive), and also excluding the following TSUSA item numbers :
                            606.6920                              606.9010                        607.8820
                            607.2600                              606.9510                        607.9020
                            607.2800                              606.9110                       607.9315
                            607.3200                              606.9400                       608.2600
                            607.3405                              606.9525                       608.2900
                            607.3420                              606.9540                        608.3100
                            607.4300                              609.4510                        608.3405
                            607.4600                              609.4520                       608.3420
                            607.4800                              609.4540                       608.3810
                            607.5405                              609.4550                       608.4300
                            607.5420                              609.3020                       608.4700
                            607.7605                              609.3320                       608.4905
                            607.9005                              607.7205                       608.4920
                            606.9005                              607.6900                       608.5510
                            606.9505                              607.7220                       608.5700
                            606.9105                              607.7610                       608.5900
                            606.9300                              607.9010                       608.6405
                            606.9520                              607.8805                       608.6420
                            606.9535                              607.8600                       608.6710
 ---pagebreak--- 52                              Jornal Oficial das Comunidades Europeias                                11 / Fase . 16
                                                         Vicomte Etienne Davignon,
                                                         Vice-President of the Commission of
                                                         the European Communities,
                                                         rue de la Loi, 200,
                                                         B-1049 Brussels
                                                                        Washington, 21 October 1982
    Dear Mr Vice President,
    I have received your letter of 21 October 1982 worded as follows :
          'As we have discussed, the European Coal and Steel Community and the European Eco­
         nomic Community (EC) are prepared to restrain certain steel exports to the United States.
         It is our understanding that, in conjunction with such action by the EC, the United States
         Government is prepared to undertake certain other actions vis-à-vis trade in these pro­
         ducts .
         The elements of our programme and a description of the complementary US actions are
         set forth in the enclosed text (the Arrangement).
         In entering into this Arrangement, the EC does not admit to having bestowed subsidies on
         the manufacture, production or exportation of the products that are the subject of the
         countervailing duty petitions to be withdrawn or that any such subsidies have caused any
         material injury in the USA. Neither does it admit that its enterprises have engaged in dum­
         ping practices which are the subject of the anti-dumping duty petitions to be withdrawn or
         that any such practices have caused any material injury in the USA.
         This Arrangement is entered into without prejudice to the rights of the US Government
         and of the EC under GATT.
         We understand that the US Government recognizes the implications of this Arrangement
         vis-à-vis trade in certain steel products, as defined in the Arrangement with the EC, for
         international competitiveness, national economic and security interests, and trade in capital
         goods, and will be fully cognizant of these implications in exercising its discretionary auth­
         ority under Section 337 of the Tariff Act of 1930, Sections 201 and 301 of the Trade Act
         of 1974, Section 232 of the Trade Expansion Act of 1962 , and Section 103 of the Revenue
         Act of 1971 with regard to such products and shall do so only after consultations with the
         EC .
         The independent forecaster for the purposes of Article 5 of the Arrangement shall be Data
         Resources, Inc.
         Consultations between the EC and the US will be, held in 1985 to review the desirability of
         extending and possibly modifying the Arrangement.
         I look forward to hearing from you at your early convenience .'
   I have the honour to confirm the agreement of the US Government with the contents of your
   letter.
   Very truly yours,
                                                                           Malcolm BALDRIDGE
                                                                             Secretary of Commerce
