COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 415 final 
Brussels, 6 September 1993 
"X 'Asss: 
&J«, 
Ht *•<, M^*»' k Proposal for a 
COUNCIL RE^n.AjinN (EEC) 
repealing with retroactive effect 
the anti-dumping measures applying to imports into 
the community of tapered roller bearings 
originating in Japan 
HBttKI $* T (presented by the Commission) 
fes'^wwrf 
Explanatory Memorandum 
1. In May 19 89 the Commission announced, by a notice published in the 
Official Journal of the European Communities(*) the initiation of 
a review of Regulation (EEC) No 1739/85(2) imposing a definitive 
duty on imports of TRBs originating in Japan and commenced an 
investigation in accordance with Article 14 of Regulation (EEC) No 
2423/88<3). 
2. The investigation was initiated as a result of a complaint lodged 
in December 1988 by the "Federation of European Bearing 
Manufacturers' Associations" (FEBMA) on behalf of producers 
representing a major proportion of Community production of tapered 
roller bearings. 
3. In March 1993, FEBMA withdrew its request for review. 
4. As there is no reason to believe that termination of the review due 
to withdrawal of the request is not in the interest of the 
Community, it is considered that the review proceeding should be 
terminated. 
5. In view of the foregoing, the validity of Regulation (EEC) No 
1739/85 and the anti-dumping measures in force lapse in accordance 
with Article 15(1) of Regulation (EEC) No 2423/88. 
6. With regard to the date on which these measures lapse, the 
Commission considers that if the review proceeding had not been 
initiated, Regulation (EEC) 1739/85 would have expired on 28 June 
1990. This is therefore the date on which the measures should cease 
to apply. 
7. In consequence, anti-dumping duties paid subsequent to this date 
may be repaid. 
(1) O.J. No C 126, 23.05.1989, p. 1 
(2) J.O. No L 167, 27.06.1985, p. 3 
(3) O.J. No L 209, 02.08.1988, p. 1 
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Council Regulation (EEC) No 
of 
repealing with retroactive effect 
the anti-dumping measures applying to imports into 
the Community of tapered roller bearings 
originating in Japan 
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 
Articles 14 and 15 therof, 
Having regard to the proposal from the Commission and after 
consultations within the Advisory Committee as provided for by 
Regulation (EEC) No 2423/88, 
Whereas : 
(1) O.J. No L 209, 02.08.1988, p.l 
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A. PRODUCTS UNDER CONSIDERATION 
(1) The products under consideration are tapered roller bearings 
including cone and tapered roller assemblies (hereafter referred 
to as "TRBs") falling within combined Nomenclature (CN) code 
8482 20 00. 
B. PROCEDURE 
(2) In May 1989 the Commission announced, by a notice published in the 
Official Journal of the European Communities(2), the initiation 
of a review of Regulation (EEC) No 1739/85(3) imposing a 
definitive duty on imports of TRBs originating in Japan and 
commenced an investigation in accordance with Article 14 of 
Regulation (EEC) No 2423/88. 
(3) The investigation was initiated as a result of a complaint lodged 
in December 1988 by the "Federation of European Bearing 
Manufacturers' Associations" (FEBMA) on behalf of producers 
representing a major proportion of Community production of tapered 
roller bearings. 
(4) In accordance with Article 15(1) of Regulation (EEC) No 2423/88, 
the measures imposed by Regulation (EEC) No 1739/85 would normally 
have lapsed in June 1990. However, as the review investigation was 
still in progress at this time the measures remained in force 
pending the outcome of the review in accordance with Article 15(4) 
of Regulation (EEC) No 2423/88 and the Commission published a 
Notice to this effect(4). 
(2) O.J. No.C 126, 23.05.1989, p.2 
(3) O.J. No L 167, 27.06.1985, p. 3 
(4) O.J. No C 132, 31.05.1990, p. 5 
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C. WITHDRAWAL OF THE REQUEST FOR REVIEW AND 
TERMINATION OF REVIEW INVESTIGATION 
(5) in March 1993, FEBMA withdrew its request for review. 
(6) As the Commission has no reason to believe that the cessation of 
the measures is not in the interest of the Community, it considers 
that the review and therefore the anti-dumping proceeding should 
be terminated. The Council agrees. 
D. EXPIRY OF THE MEASURES 
(7) In view of the foregoing, the anti-dumping measures lapse in 
accordance with Article 15(1) of Regulation (EEC) No 2423/88. 
(8) If the review proceeding had not been initiated, the measures 
would have expired on 28 June 1990. The Commission considers it 
appropriate in this case that the measures should be repealed with 
retroactive effect from this date. 
(9) The relevant legislation in force concerning repayment of customs 
duties will apply. In this respect and in accordance with Article 
2.2 of Council Regulation (EEC) No 1430/79(5) as amended by 
Article 1.1 of council Regulation (EEC) No 3069/86(6), the 
normal time limit for submitting repayment applications for duties 
is three years. 
(5) O.J. No L 175, 12.07.79, p.l 
(6) O.J. No L 286, 09.10.86, p.l 
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(10) Although a notice was published in the Official Journal concerning 
the preservation of importers rights with regard to anti-dumping 
duties paid*7), such importers could not have known that the 
Council would definitely repeal the measures with retroactive 
effect from 29 June 1990. It is therefore appropriate to ensure 
that importers have a reasonable opportunity to reclaim duties 
they have paid, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The anti-dumping duties imposed by Regulation (EEC) No 1739/85 on 
imports of tapered roller bearings including cone and tapered 
roller assemblies originating in Japan and falling within CN code 
8482 20 00 are hereby repealed with effect from 29 June 1990. 
Article 2 
1. The relevant legislation in force concerning customs duties shall 
apply. 
2. For the purposes of applying Article 2.2 of Regulation (EEC) No 
1430/79(**), anti-dumping duties entered into the accounts of the 
authority responsible for their collection between 29 June 1990 
and 29 December 1990 shall be deemed to have been entered into the 
accounts on 29 December 1990. 
(7) O.J. No C 179, 01.07.1993, p. 5 
(8) O.J. No L 175, 12.07.1979, p. 1 
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Article 3 
This regulation shall enter into force on the day following its 
publication in the official Journal of the European Communities. 
It shall be applicable from 29 June 1990. 
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) 415 final 
DOCUMENTS 
EN 02 il 
Catalogue number : CB-CO-93-455-EN-C 
ISBN 92-77-59042-4 
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