CELEX: 51993PC0415
Language: en
Date: 1993-09-06
Title: 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        C0M(93) 415 final
                                                         Brussels, 6 September 1993
"X 'Asss:
                                            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
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 ---pagebreak---                          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
 ---pagebreak---                                     -   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
 ---pagebreak---                                       - 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
                                 4
      Notice to this effect( ).
 (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
 ---pagebreak---                                    - 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
                                                                   6
     Article   1.1  of   council  Regulation   (EEC)  No   3069/86( ),  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
 ---pagebreak---                                      - 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
 ---pagebreak---                                  - 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
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 415 final
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