No L 56/24 Official Journal of the European Communities 9.3.93 COMMISSION REGULATION (EEC) No 527/93 - of 5§ March 1993 imposing a provisional countervailing duty on imports of ball bearings with a greatest external diameter not exceeding 30 mm originating in Thailand but to the Community from another third country THE COMMISSION 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 subsi- dized imports from countries not members of the Euro- pean Economic Community ('), and in particle Article 11 thereof, After consultation within the Advisory Committee as provided for under the above Regulation, Whereas : M @ @ A. PREVIOUS PROCEDURE In June 1988 the Commission initiated an anti- subsidy proceeding concerning imports of certain ball bearings originating in Thailand (%), following a complaint lodged by the Federation of European Bearing Manufacturers’ Associations (Febma). The Commission found that the above imports were being subsidized and causing material injury to the Community industry. In the light of these findings, the Royal Thai Government offered an undertaking to eliminate the effect of the subsidy, which involved the levying of an export tax of 1,76 baht per umt exported to the Community, equiva- lent to ‘the amount of countervailable subsidy found. In June 1990, this undertaking was accepted by Decision 90/266/EEC (*). No countervailing duty was imposed at this stage, and the investigation was therefore terminated by the above Decision. B. DEVELOPMENTS SINCE ACCEPTANCE OF UNDERTAKING Subsequent verifications carried out by the Commission demonstrated that both the Royal Thai Government and the exporters located in Thailand have been abiding by the terms of the undertaking. In particular, the export tax was being collected on all ball bearings of Thai origin which () OJ No L 209, 2. 8. 1988, p. 1. () O] No C 147, 4. 6. 1988, p. 4. () OJ No L 152, 16. 6. 1990, p. 59. ©) 6 ) ®) ®) are exported' directly from Thailand to the Community. . It has, however, come to the notice of the Commis- sion that exports of ball bearings manufactured in Thailand to independent customers in a third . country were subsequently re-shipped to the Community. Since the original destination of these shipments was not the Community, export tax was not paid on such indirect imports. C. REOPENING OF INVESTIGATION After consultation, it became apparent that a review of the Decision 90/266/EEC was warranted and the Commission decided to re-open the investigation with a view to considering the imposition of a countervailing duty on imports of all ball bearings originating in Thailand on which no export tax had " been paid, in order to fully eliminate the injurious effect of the subsidy in the Community. Since a new investigation was necessary for this purpose, the Commission decided to recalculate the amount of export tax which was required to eliminate the effect of the subsidy. In July 1992 the Commission announced, by a notice published in the Official Journal of the European Communities(*), the reopening of the investigation in the countervaling duty proceeding concerning imports into the Community of ball. bearings with a greatest external diameter not exceeding 30 mm (herein after referred to as ‘ball bearings’). The product concerned corresponds to CN code 848210 10. The Commission officially advised the Royal Thai Government, the exporters and importers known to be concerned, as well as the complainant in the original investigation (Febma) and gave the parties directly concerned the opportunity to make their views knonw in writing and request a hearing. The Thai Government, the exporters located in Thailand and the Community producers, repre- sented by Febma, made their views known in writing. The Commission sought and verified all informa- tion it deemed to be necessary and carried out an investigation. () OJ No C 182, 18. 7. 1992, p. 6.