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' '™3 COMMISSION OF THE EUROPEAN COMVIUNITIES 
C0MC93) 401 final 
Brussels, 4 August 1993 
Proposal for a 
çOHKiril REGULATION (EEC) 
repealing Art icle 1.4 
of Regulation (EEC) No 2849/92, modifying the definitive anti­
dumping duty on imports of ball bearings with a greatest 
external diameter exceeding 30mm originating in Japan imposed 
by Regulation (EEC) No 1739/85 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
(1) Regulation (EEC) No 2849/92(1) modified the definitive anti­
dumping duties applicable to imports of ball bearings with a 
greatest external diameter exceeding 30 mm originating in Japan. 
(2) Article 1(4) of Regulation (EEC) No 2849/92 provides for a specific 
definition of the customs valuation of the products concerned and 
Article 1(5) of the same Regulation provides that the basic 
provisions in force concerning customs duties shall apply. 
(3) Both provisions concern the same customs valuation but their 
application can lead to different results. 
(4) It therefore appears appropriate to avoid any such conflict in 
valuation based on these two different provisions and, since the 
basic provisions in force concerning customs duties lay down the 
general rules, it is considered appropriate that these provisions 
should prevail. It is therefore necessary to repeal Article 1.4 of 
Regulation (EEC) No 2849/92. 
(1) OJ no L 286, 01.10.1992, p.2 
Proposal for a 
COUNCIL REGULATION (EEC) 
repealing Art icle 1.4 
of Regulation (EEC) No 2849/92, modifying the definitive anti­
dumping duty on imports of ball bearings with a greatest 
external diameter exceeding 30mm originating in Japan imposed 
by Regulation (EEC) No 1739/85 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, 
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on 
protection against dumped or subsidized imports from countries not 
members of the European Economic Community(*), 
Having regard to the proposal from the commission, submitted after 
consultations within the Advisory Committee as provided for by the 
above Regulation, 
Whereas : 
(1) Regulation (EEC) No 2849/92<2) modified the definitive anti­
dumping duties applicable to imports of ball bearings with a 
greatest external diameter exceeding 30 mm originating in Japan. 
(2) Article 1(4) of Regulation (EEC) No. 2849/92 provides for a 
specific definition of the customs valuation of the products 
concerned and Article 1(5) of the same Regulation provides that the 
basic provisions in force concerning customs duties shall apply. 
(3) Both provisions concern the same customs valuation but their 
application can lead to different results. 
(1) OJ No L 209, 02.08.1988, p.l 
(2) OJ no L 286, 01.10.1992, p.2 
3 -
(4) It therefore appears appropriate to avoid any such conflict in 
valuation based on these two different provisions and, since the 
basic provisions in force concerning customs duties lay down the 
general rules, it is considered appropriate that these provisions 
should prevail. It is therefore necessary to repeal Article 1.4 of 
Regulation (EEC) No 2849/92, 
HAS ADOPTED THIS REGULATION 
Art i cle 1 
Article 1.4 of Regulation (EEC) No 2849/92 is hereby repealed. 
Art icle 2 
This Regulation shall enter into force on the day following that of its 
publication In the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, For the Council 
ISSN 0254-1475 
COM(93) 401 final 
DOCUMENTS 
EN il 02 
Catalogue number : CB-CO-93-432-EN-C 
ISBN 92-77-58740-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg