Proposal for a COUNCIL REGULATION (EEC) repealing with retroactive effect the anti-dumping measures applying to imports into the Community of tapered roller bearings originating in Japan
Date: 1993-09-06
Institutions: European Commission
Subjects: Japan, anti-dumping duty, anti-dumping measure, bearing, dumping

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93) 415 final 

Brussels,  6 September  1993 

"X 'Asss: 

Proposal  for a 

C O U N C IL  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) 

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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 

-  1 u-

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 

- 2 -

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 

-  3 -

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 

-  4 -

(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 

- 5 -

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 

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