98/579/EC: Commission Decision of 7 October 1998 concerning an application submitted by DIP Electronics Ltd for the refund of anti-dumping duties due on certain imports of DRAMs originating in Japan (notified under document number C(1998) 2966) (Only the English text is authentic)
Date: 1998-10-07
Institutions: European Commission
Subjects: Japan, United Kingdom, anti-dumping duty, information technology industry, microelectronics, redemption

16. 10. 98

EN

Official Journal of the European Communities

L 279/47

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 7 October 1998

concerning an application submitted by DIP Electronics Ltd for the refund of
anti-dumping duties due on certain imports of DRAMs originating in Japan

(notified under document number C(1998) 2966)

(Only the English text is authentic)

(98/579/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports
from countries
the European
Community (1), as last amended by Regulation (EC) No
905/98 (2), and in particular Article 11(8) thereof,

not members

of

After consulting the Advisory Committee,

A. PROCEDURE

(1)

(2)

Council Regulation (EEC) No 2112/90 (3) imposed
a definitive anti-dumping duty on imports of
certain types of electronic micro-circuits known as
DRAMs (dynamic random access memories) origin-
ating in Japan. The rate of the residual duty was
60 %.

DIP Electronics Ltd (hereafter referred to as ‘the
applicant') lodged on 13 July 1995 an application
for the refund of GBP [. . .] (4) of anti-dumping
duties due on importation of DRAMs of Japanese
origin.

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 128, 30. 4. 1998, p. 18.
(3) OJ L 193, 25. 7. 1990, p. 1.
(4) Business secret.

The applicant claimed that the dumping margins
in respect of the DRAMs for which anti-dumping
duties were due, were significantly lower than the
level of 60 % of the residual duty set by Regulation
(EEC) No 2112/90. The application, however, did
not contain any evidence that the duties for which
a refund was claimed had been paid.

The applicant was informed that,
in accordance
with Article 11(8) of Regulation 384/96 which
contains the provisions concerning refund invest-
igations, the application would have to be con-
sidered as inadmissible since it did not contain
evidence of payment of the anti-dumping duties
for which a refund was claimed.

The applicant indicated in reply that it was not in a
financial position to make payment of the anti-
dumping duties due. The applicant was given
further opportunity to pay the anti-dumping duties
but failed to do so.

(3)

On 13 August 1997 the applicant informed the
Commission that DIP Electronics Ltd intended to
put its affairs in the hands of an insolvency practi-
tioner.
subsequently
informed that the applicant had proceeded into a
creditors voluntary liquidation on 19 August 1997.

The Commission was

L 279/48

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Official Journal of the European Communities

16. 10. 98

(4)

(5)

The liquidator, representing the applicant, received
disclosure of the essential facts and considerations
on the basis of which it was intended to reject the
application as inadmissible. The liquidator made
no comment.

B. ADMISSIBILITY

the anti-dumping
It has been established that
duties for which a refund is claimed have not been
paid by the applicant. Since the prior payment of
the anti-dumping duties is one of the basic require-
ments for the admissibility of a refund application,
the application should be rejected as inadmissible.

HAS ADOPTED THIS DECISION:

Article 1

The refund application for the amount of GBP [. . .] in
total submitted by DIP Electronics Ltd is rejected as
inadmissible.

Article 2

This Decision is addressed to the United Kingdom, and
to DIP Electronics Ltd, Sheraton House, Castle Park,
Cambridge, CB3 0AX.

Done at Brussels, 7 October 1998.

For the Commission

Leon BRITTAN

Vice-President