Proposal for a COUNCIL REGULATION (EEC) repealing Article 1.4 of Regulation (EEC) No 2849/92, modifying the definitive antidumping duty on imports of ball bearings with a greatest external diameter exceeding 30mm originating in Japan imposed by Regulation (EEC) No 1739/85
Date: 1993-08-04
Institutions: European Commission
Subjects: Japan, anti-dumping duty, bearing, customs valuation, dumping, import

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) 

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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 

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