3.9.90 No L 240/23 Official ]oufnal of the European Communities COMMISSION DECISION of 6 August 1990 concerning applications for refund of anti-dumping duties collected on the import of vinyl acetate monomer originating in the United States of America ) (Guzman, SA) (90/462/EEC) THE COMMISéION OF THE EUROPEAN COMMUNITIES, ) Having regard to the Treaty establishing the Europ¢an 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. Article 16 thereof, ; Whereas: A. PROCEDURE (1) By Regulation (EEC) No 2357/87 (2}, the Council amended Regulation (EEC) No 1282/81, imposing a definitive anti-dumping ‘duty on imports of vinyl acetate monomer originating in the United States of America (3). Anti-dumping duty of 5,9% was applied to the American ecompany US Industrial Chemicals Co., later to become Quantum Chemical Corporation, to which the 5,9% duty was declared to be applicable by Council Regulation (EEC)- No 2166/89 (4). (25‘ Since June 1988 Guzman, SA, Valencia, Spain, has been submitting periodic applications for refund of anti-dumping_duties paid on the purchase of vinyl acetate monomer exported by the American company Quantum Chemical Corporation -and sold by its subsidiary Quantum Chemieal Europe BV, a Dutch company. The Commission, with the agreement of the applicant, decided to treat the applications as recurring applications within the meaning of point 1.4 of the Commission notice concerning the reimbursement of anti-dumping -duties (hereinafter referred to as ‘the notice’ (*). Accordingly, the . (") OJ No L 209, 2. 8.1988, p. 1. (3) O No L 213, 4. 8. 1987, p. 32. (*) OJ No L 129, 15. 5. 1981, p. 1. (*) OJ No L 208, 20. 7. 1989, p. 2. (5) OJ No C 266, 22. 10. 1986, p. 2. applicant has submitted ' successive applications, within the three-month time limit set out under Article 16 (2) of Regulation (EEC) No 2423/88. The information required to assess the. merits of the applications has ~been provided at six-monthly intervals. (3). InNovember 1988 the Commission received a request lodged by Quantum Chemical Corporation, a US. producer/exporter, for a review of the anti-dumping measures applicable to imports of vinyl acetate monomer originating in the United States of America. On 25 April 1989 the Commission opened the review proceeding covering the period October 1988 to March 1989 inclusive (¢). In accordance with point 1.5 of the notice, it was decided that the proceeding regarding the application for reimbursement would be suspended until termination of the review.. However, the applicant continued to submit periodic applications. Council Regulation (EEC) No 490/90. repealed Regulation (EEC) No 2357/87 and terminated the anti-dumping proceeding concerning imports of vinyl acetate monomer originating in .the United States (7). Thus, since 2 March 1990, anti-dumping duty can ' no longer be imposed on imports of vinyl acetate monomer. (4)  So as not to delay the decision on refunds, it was decided - to process immediately. the applications. concerning imports made up to March 1989. These applications were examined during the review and are covered by this Decision. Recurring applications submitted after this date, or which might still be submitted, covering periods up to 1 March 1990 — when the duty ceased to be applicable — will be covered by-a further Decision. (5) The total amount of refunds requested was Pta (s . .) (%), which represents all the duty paid during the reference period in question. (6): The applicant was informed of the results of this examination and had the opportunity to submit its comments. (6) OJ No C 105, 25. 4. 1989, p. 3. () O No L 53, 1. 3.1990, p. 1. (®) In accordance with Article 8 of Regulation (EEC) No 2423/88, which deals with the non-disclosure of business secrets, certain figures have been omitted from the published version of this Decision.