COMMISSION OF THE EUROPEAN CCfttolUNITIES 
C0M(93>264 final 
Brussels. 7 June 1093 
Proposal for a 
milNICIL REGULATION (EEC) 
inposing a definitive countervailing duty on reporta of ball bearings 
with a greatest external diameter not exceeding 30 si, originating in 
Thailand but exported to the Coesunity from another country, and 
definitively collecting the provisional duty 
(presented by the Commission) 
I — 
EXPLANATORY MEMORANDUM 
(1) In March 1993, the Commission, by Regulation (EEC) '-No 527/93, 
imposed a provisional duty of 13.4% on imports of ball bearings 
with a greatest external diameter not exceeding 30 mm, 
originating in Thailand but exported to the Community from 
another third country. 
(2) This duty was imposed following a review commenced in July 1992 
of commission Decision 90/266/EEC accepting an export tax 
undertaking offered by the Royal Thai Government, in connection 
with the anti-subsidy proceeding concerning imports of the above-
mentioned ball bearings. This review has revealed that a duty is 
necessary in order to prevent indirect imports avoiding the 
export tax levied by the Royal Thai Government and to safeguard 
the effectiveness of the undertaking. 
(3) The provisional duty of 13.4% was based on the original rate of 
export tax of 1.76 baht per piece, as determined in Decision 
90/266/EEC, expressed c.i.f. at the Community frontier. 
(4) The Commission has, when reviewing this Decision, now 
recalculated the amount of subsidy granted to the exporters and 
has concluded that the subsidy now amounts to 0.91 baht per 
piece. The Royal Thai Government has accordingly modified the 
rate of the export tax on ball bearings exported directly to the 
Community. 
(5) It is proposed to impose a definitive countervailing duty on 
indirect imports in order to preserve the effectiveness of the 
undertaking and to prevent such imports causing injury to the 
Community industry. This duty should be equivalent to the new 
rate of export tax (0.91 baht per piece), and this amounts to 
6.7% ad-valorem. 
(6) The provisional countervailing duty should be collected up to the 
amount of the definitive countervailing duty. The definitive 
countervailing duty should be collected in addition to the anti­
dumping duty imposed by Regulation 2934/90, which is unaffected 
by the present measure. 
~<f-
COUNCIL REGULATION (EEC) NO, 
OF. 
imposing a definitive countervailing 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 
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 (*•), 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 the 
abovementioned Regulation, 
Whereas : 
(1) O.J. L209, 2.8.1988, p. 1 
— *5 — 
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 not exceeding 30 
mm, originating in Thailand but exported to the Community from 
another third country. 
(2) This duty was imposed following a review commenced in 
July 1992(3) of Commission Decision 90/266/EEC(4) accepting an 
undertaking offered by the Royal Thai Government, in connection 
with the countervailing duty proceeding concerning imports of 
the above-mentioned ball bearings. No countervailing duty was 
imposed at the time of adoption of this Decision. The review 
investigation has revealed that a duty is necessary in order to 
prevent indirect imports avoiding the export tax levied by the 
Royal Thai Government and to safeguard the effectiveness of the 
undertaking. 
B. SUBSEQUENT PROCEDURE 
(3) Following the imposition of the provisional countervailing duty, 
the interested parties who so requested were granted an 
opportunity to be heard by the Commission and to make known 
their views on the findings. 
(4) Upon request, parties were informed of the essential facts and 
considerations on the basis of which it was intended to 
recommend the imposition of a definitive duty and the definitive 
collection of amounts secured by way of the provisional duty. 
They were also granted a period within which to make 
representations subsequent to the disclosure. 
(2) O.J. L 56, 9.3.1993, p. 24 
(3) OJ L182, 18.7.1992, p. 6 
(4) OJ L152, 16.6.1990, p. 59 
-^~-
The oral and written comments submitted by the parties were taken into 
consideration. 
B. RECALCULATION OF SUBSIDY AMOUNT 
(5) The provisional duty of 13.4% was based on the original rate of 
export tax of 1.76 baht per piece, expressed c.i.f. at the 
Community frontier as determined in Decision 90/266/EEC. 
(6) The Commission has, when reviewing this Decision, now 
recalculated the amount of subsidy granted to the exporters in 
Thailand during the year immediately prior to the opening of the 
review. It has concluded that the subsidy now amounts to 0.91 
baht per piece. The Royal Thai Government has accordingly 
modified the rate of the export tax on ball bearings exported 
directly 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 the 
Commission in Decision 90/266/EEC concerning these matters. 
-ï-
E. DEFINITIVE DUTY 
(8) The Commission concludes that it is necessary to impose a 
countervailing duty on indirect imports in order to preserve the 
effectiveness of the undertaking and to prevent such imports 
causing injury to the community industry (as established in 
Decision 90/266/EEC). The council confirms this conclusion. In 
order to take account of future price changes due to exchange 
rate 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 subsidised and 
contribute to the injury suffered by the Community industry, the 
Council considers it necessary that the amounts collected by way 
of provisional duty should be definitively collected up to the 
amount of the duty definitively imposed. 
G. COLLECTION OF ANTI-DUMPING AND COUNTERVAILING DUTIES 
(10) Council Regulation (EEC) No 2934/90(5) imposed an anti-dumping 
duty of 6.7% on imports of ball bearings with a greatest external 
diameter not exceeding 30 mm originating in Thailand. The 
collection of this anti-dumping duty on all imports of Thai 
origin remains unaffected by the present Regulation. 
(5) O.J. L281, 12.10.1990, p.l. 
As explained in Commission Regulation (EEC) No 1631/90<6) 
(Recitals 47-53) confirmed by Council Regulation (EEC) No 2934/90 
(Recitals 19-20), the imposition of both anti-dumping and 
countervailing 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-dumping and 
countervailing duty to be collected in this case is, therefore, 
13.4% (6.7% anti-dumping duty plus 6.7% countervailing duty). 
The basis for calculating the amount of both anti-dumping and 
countervailing duty should be the same net, free at Community 
frontier price. 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. A definitive 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 are 
exported 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.) 
(6) O.J. L152, 16.6.1990, p. 24. 
-^-
2. The countervailing duty expressed as a percentage of the net, free at 
Community frontier price of the product, shall be 6.7%. 
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 the 
rate of duty definitively imposed. Secured amounts which are not covered 
by the rate of duty definitively imposed shall be released. 
Article 3 
This Regulation shall enter into force on the day following 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) 264 final 
DOCUMENTS 
EN 1102 
Catalogue number : CB-CO-93-294-EN-C 
ISBN 92-77-56540-3 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg