Council Regulation (EEC) No 638/85 of 11 March 1985 amending Regulation (EEC) No 3072/80 imposing a definitive countervailing duty on certain seamless tubes of non-alloy steels originating in Spain

COUNCIL  REGULATION (EEC) No 638/85
of 11 March 1985
amending Regulation (EEC) No 3072/80 imposing a definitive countervailing duty on certain seamless tubes of non-alloy steels originating in Spain
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1),
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee provided for in that Regulation,
Whereas:
A. Definitive action
(1) Council Regulation (EEC) No 3072/80 (2), as amended by Regulation (EEC) No 1027/83 (3), imposed a definitive countervailing duty on imports of certain seamless tubes of non-alloy steels originating in Spain.
B. Subsequent procedure
(2) In December 1984, after the introduction and subsequent reduction of the definitive countervailing duty, the Spanish Government and exporters requested a further reduction in the rate of the definitive countervailing duty on the ground that Government Decree No 1313/1984 of 20 June 1984, published in the Spanish official gazette (BOE No 164) of 10 July 1984, which entered into force on 11 July 1984, had modified the system of export rebates. Article 4 of the Decree provided for an across-the-board reduction of 15 % in the rate of the rebate.
C. Subsidy
(3) The Commission obtained the necessary information from the Spanish Government and the exporters, including particulars from the exporters of deliveries to the Community of certain seamless tubes of non-alloy steels since 11 July 1984, and of the export rebates received, which were verified to the extent considered necessary. It emerged that as from 11 July 1984 the rebate for the products in question was cut by 15 % from 14,5 to 12,3 % (rounded off to the first decimal place). The export subsidy as found by the Commission was thereby reduced by 2,2 % from 10 to 7,8 % of the export price.
D. Duty
(4) Since the Spanish Government has lowered by 2,2 % the rebate on exports on the said products, a corresponding reduction with effect from 11 July 1984 should be made in the definitive countervailing duty. Under Article 2 of Council Regulation (EEC) No 1430/79 (4), importers are entitled to a refund of countervailing duties paid in excess of the amount due under the abovementioned Regulation on goods released for free circulation in the Community after 10 July 1984,