14. 4. 87 Official Journal of the European Communities No L 102/25 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 27 March 1987 concerning the application submitted by Vita-tex Ltd, Slough, United Kingdom, for refund of anti-dumping duties collected on certain imports of polyester yarn originating in the United States of America (Only the English text is authentic) (87/232/EEC) THE COMMISSION 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 subsi- dized imports from countries not members of the Euro- pean Economic Community (*), and in particular Article 16 thereof, : Whereas : A. Procedure (1)  The Council, by Regulation (EEC) No 3439/80 (3, as last amended by Regulation (EEC) No 2585 (%), imposed a definitive anti-dumping duty on imports of certain polyester yarn originating in the United States of America. (2 On 23 November 1984 Vita-tex Ltd, Slough, United Kingdom, an importer of polyester yarn from the United States, submitted an application to the United Kingdom authorities for a refund of an amount totalling £ ... (%) sterling which it had defi- nitively paid in anti-dumping duties on its imports of polyester yarn from the USA. The United Kingdom authorities forwarded the application to the Commission. () OJ No L 201, 30. 7. 1984, p. 1. () OJ No L 358, 31. 12. 1980, p. 91. () OJ No L 246, 13. 9. 1985, p. 57. (*) In the published version of the present Decision, some figures have hereinafter been omitted, pursuant to the provisions of Article 8 of Regulation (EEC) No 2176/84 concerning non- disclosure of business secrets. 3) (4) ©) The Commission examined the application and informed the applicant of the preliminary result of this examination and gave it an opportunity to comment. The comments made were taken into consideration prior to this Decision. The Commission informed the Member States and gave its opinion on the matter. The Commission altered its opinion following new representations made and information supplied by the applicant and the United Kingdom authorities. The Member States were informed of the Commission’s revised opinion. None of the Member States disagreed with the revised opinion of the Commission. B. Argument of the applicant The applicant has based its application on a comparison between the export prices concerned and the prices of goods sold in the United States of America. C. Admissibility Initially the Commission informed the applicant and the Member States that it considered the appli- cation inadmissible as it appeared to have been submitted outside the time limit specified in Article 16 (2) of Regulation (EEC) No 2176/84. Following further representations made by the applicant and the United Kingdom authorities the