1993R1781 — EN — 26.05.1995 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 1781/93
of 30 June 1993
imposing a definitive countervalling duty on imports of ball bearings with a greatest external
diameter not exceeding 30 mm, originating in Thailand but exported to the Community from
another country, and definitively collecting the provisional duty
(OJ L 163, 6.7.1993, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 2271/94 of 19 September 1994 L 247 1 22.9.1994
►M2 amended by Council Regulation (EC) No 1169/95 of 22 May 1995 L 118 4 25.5.1995
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▼B
COUNCIL REGULATION (EEC)No 1781/93
of 30 June 1993
imposing a definitive countervalling duty on imports of ball bear-
ings with a greatest external diameter not exceeding 30 mm, origin-ating in Thailand but exported to the Community from another
country, and definitively collecting the provisional duty
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July
1988 on protection against dumped or subsidized imports from coun-tries not members of the European Economic Community (
1), and in
particular Article 12 thereof,
Having regard to the proposal submitted by the Commission after
consultation within the Advisory Committee as provided for under theabovementioned Regulation,
Whereas:
A.Provisional measures
(1) In March 1993, the Commission, by Regulation (EEC) No 527/
93 (2), imposed a provisional countervailing duty of 13,4 % on
imports of ball bearings with a greatest external diameter notexceeding 30 mm, originating in Thailand but exported to theCommunity from another third country.
(2) This duty was imposed following a review commenced in July1992 (
3) of Commission Decision 90/266/EEC (4) accepting an
undertaking offered by the Royal Thai Government in connectionwith the countervailing duty proceeding concerning imports ofthe abovementioned ball bearings. No countervailing duty wasimposed at the time of adoption of that Decision. The reviewinvestigation has revealed that a duty is necessary in order toprevent indirect imports avoiding the export tax levied by theRoyal Thai Government and to safeguard the effectiveness of theundertaking.
B.Subsequent procedure
(3) Following the imposition of the provisional countervailing duty,
the interested parties who so requested were granted an oppor-tunity to be heard by the Commission and to make known theirviews on the findings.
(4) Upon request, parties were informed of the essential facts andconsiderations on the basis of which it was intended to recom-mend the imposition of a definitive duty and the definitive collec-tion of amounts secured by way of the provisional duty. Theywere also granted a period within which to make representationssubsequent to the disclosure.
The oral and written comments submitted by the parties were
taken into consideration.
(1) OJ No L 209, 2. 8. 1988, p. 1.
(2) OJ No L 56, 9. 3. 1993, p. 24.
(3) OJ No C 182, 18. 7. 1992, p. 6.
(4) OJ No L 152, 16. 6. 1990, p. 59.
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▼B
B.Recalculation of subsidy amount
(5) The provisional duty of 13,4 % was based on the original rate of
exportt ax of Baht1,76 per piece, expressed cif att heCommunity frontier as determined in Decision 90/266/EEC.
(6) The Commission has, when reviewing this Decision, now recal-culated the amount of subsidy granted to the exporters in Thai-land during the year immediately prior to the opening of thereview. It has concluded that the subsidy now amounts to Baht0,91 per piece. The Royal Thai Governmenthas accordinglymodified the rate of the export tax on ball bearings exporteddirectly to the Community.
D.Injury and Community interest
(7) No evidence was supplied with regard to injury or Community
interest. The Council therefore confirms the conclusions of theCommission in Decision 90/266/EEC concerning these matters.
E.Definitive duty
(8) The Commission concludes t hatitis necessary t o impose a
countervailing duty on indirect imports in order to preserve theeffectiveness of the undertaking and to prevent such importscausing injury to the Community industry as established inDecision 90/266/EEC. The Council confirms this conclusion. Inorder to take account of future price changes due to exchangerate fluctuations, it is appropriate to express the duty on an ad
valorem basis. The duty so calculated amounts to 6,7 %.
F.Collection of provisional duties
(9) In view of the fact that indirect exports are subsidized and
contribute to the injury suffered by the Community industry, theCouncil considers it necessary that the amounts collected by wayof provisional duty should be definitively collected up to theamount of the duty definitively imposed.
G.Collection of anti-dumping and countervailing duties
(10) Council Regulation (EEC) No 2934/90 (1) imposed an anti-
dumping duty of 6,7 % on imports of ball bearings with agreatest external diameter not exceeding 30 mm originating inThailand. The collection of this anti-dumping duty on all importsof Thai origin remains unaffected by this Regulation.
As explained in Commission Regulation (EEC) No 1631/90 (
2)
(recitals 47 to 53) confirmed by Regulation (EEC) No 2934/90(recitals 19 and 20), the imposition of both anti-dumping andcountervailing duties is possible in this case.
Therefore the countervailing duty should be collected in addition
to the anti-dumping duty. The combined amount of anti-dumpingand countervailing duty to be collected in this case is, therefore,13,4 % (6,7 % anti-dumping duty plus 6,7 % countervailingduty).
The basis for calculating the amount of both antidumping and
countervailing duty should be the same net, free-at-Community-frontier price,
(1) OJ No L 281, 12. 10. 1990, p. 1.
(2) OJ No L 152, 16. 6. 1990, p. 24.
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▼B
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. A definitve countervailing duty is hereby imposed on imports of
ball bearings with a greatest external diameter not exceeding 30 mm,falling within CN code 8482 10 10, which originate in Thailand but areexported to the Community from another country.
(Originating in Thailand and exported from another country: Taric
additional code 8723;
originating in Thailand and exported from Thailand: Taric additional
code 8724).
▼
M1
▼M2
2. The countervailing duty expressed as a percentage of the net,free-at-Community-frontier, price of product, shall be 4,8 %.
▼
B
3. The provisions in force concerning customs duties shall apply.
Article 2
The amounts collected or secured by way of provisional countervailing
duty pursuant to Regulation (EEC) No 527/93 shall be collected at therate of duty definitively imposed. Secured amounts which are notcovered by the rate of duty definitively imposed shall be released.
Article 3
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.