CELEX: 51993PC0401
Language: en
Date: 1993-08-04
Title: 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

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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 ---pagebreak---                          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
 ---pagebreak---                                      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
 ---pagebreak---                                         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
 ---pagebreak---                                                                       ISSN 0254-1475
                                                              COM(93) 401 final
                                                      DOCUMENTS
EN                                                                          i l 02
                                 Catalogue number : CB-CO-93-432-EN-C
                                                             ISBN 92-77-58740-7
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