BE DEVOID OF ALL RELEVANCE . IT CAN BE SEEN BY MERELY READING THE COMMON CUSTOMS TARIFF ( OFFICIAL JOURNAL 1985, L*330, AT P.*335 ) AND THE NIMEXE CODE ( OFFICIAL JOURNAL 1985, L*353, AT P.*475 ) THAT HEADING NO 85.01 OF THE COMMON CUSTOMS TARIFF, ENTITLED "ELECTRICAL GOODS OF THE FOLLOWING DESCRIPTIONS : GENERATORS, MOTORS, CONVERTERS ( ROTARY OR STATIC ), TRANSFORMERS, RECTIFIERS AND RECTIFYING APPARATUS, INDUCTORS", IS DIVIDED INTO THREE SUBHEADINGS :
85.01 A ( GOODS FOR USE IN CIVIL AIRCRAFT )
85.01 B ( OTHER MACHINES AND APPARATUS )
85.01 C ( PARTS ),
AND THAT THE REFERENCE IN COMMISSION REGULATION NO 3019/86 TO SUBHEADING 85.01 B I B ) DOES NOT CONCERN PARTS WHICH COME WITHIN SUBHEADING 85.01 C . COMPARISON WITH THE CORRESPONDING HEADINGS OF THE NIMEXE CODE ( 85.01-33, 85.01-34 AND 85.01-36 ) CONFIRMS THAT VIEW BECAUSE THEY REFER TO STANDARDIZED MULTIPHASE MOTORS OF AN OUTPUT OF MORE THAN 0.75 KW BUT NOT MORE THAN 75 KW, WHEREAS PARTS FOR MOTORS ARE COVERED BY CODES 85.01-89 AND 85.01-90, TO WHICH REGULATION NO 3019/86 DOES NOT REFER .
16 . WITH REGARD TO THE APPLICANT' S FIRST ARGUMENT, IT MUST BE POINTED OUT THAT, ACCORDING TO ARTICLE 191 OF THE EEC TREATY, REGULATIONS "SHALL ENTER INTO FORCE ON THE DATE SPECIFIED IN THEM OR, IN THE ABSENCE THEREOF, ON THE 20TH DAY FOLLOWING THEIR PUBLICATION ". THE EEC TREATY THUS LEAVES IT TO THE INSTITUTION ADOPTING THE REGULATION TO LAY DOWN THEREIN THE DATE ON WHICH IT IS TO ENTER INTO FORCE . ALTHOUGH IT IS TRUE THAT THE COURT STATED IN ITS JUDGMENT OF 13 DECEMBER 1967 ( CASE 17/67 NEUMANN V HAUPTZOLLAMT HOF (( 1967 )) ECR 441 ) THAT THE INSTITUTION ADOPTING THE REGULATION "CANNOT, WITHOUT HAVING AN ADVERSE EFFECT ON A LEGITIMATE REGARD FOR LEGAL CERTAINTY, RESORT WITHOUT REASON TO THE PROCEDURE OF AN IMMEDIATE ENTRY INTO FORCE", IT NEVERTHELESS WENT ON TO STATE THAT RECOURSE COULD BE HAD TO THAT PROCEDURE IF THERE WERE, IN THE PARTICULAR CASE, SERIOUS REASONS FOR HOLDING THAT ANY INTERVAL BETWEEN THE PUBLICATION AND THE ENTRY INTO FORCE OF THE REGULATION MIGHT BE PREJUDICAL TO THE COMMUNITY . IN THIS CASE, IT MUST BE OBSERVED THAT, AS THE COMMISSION HAS ARGUED, SUCH REASONS APPEAR AT FIRST SIGHT TO EXIST . THAT PROVISIONAL ANTI-DUMPING DUTIES SHOULD ENTER INTO FORCE IMMEDIATELY WOULD APPEAR TO FOLLOW FROM THE PROVISIONAL AND PROTECTIVE NATURE OF SUCH DUTIES WHICH, IN THE TERMS OF ARTICLE 11 OF COUNCIL REGULATION NO 2176/84, ARE IMPOSED IN ORDER TO PREVENT INJURY BEING CAUSED TO THE COMMUNITY DURING THE ANTI-DUMPING PROCEEDING . IT DOES NOT APPEAR LIKELY TO CAUSE SERIOUS AND IRREPARABLE DAMAGE TO THE APPLICANT .
17 . FURTHERMORE, IT SHOULD ALSO BE POINTED OUT THAT THE APPLICATION FOR INTERIM MEASURES MUST IN ANY EVENT BE DISMISSED IN SO FAR AS IT IS DIRECTED AT THE COUNCIL SINCE REGULATION NO 3018/86, WHOSE OPERATION THE APPLICANT SEEKS TO HAVE SUSPENDED, DOES NOT CONCERN IMPORTS FROM THE