No L 148/26. Official Journal of the European Communities - 15. 6. 88 COMMISSION DECISION of 22 April 1988 cdnceming applications for refund of anti-dumping duties collected on certain imports of certain ball bearings originating in Singapore (NMB (UK) Limited) {Only the English text is authentic) (88/327/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 subsidized imports from countries not members of the European . Economic Community (), as amended by Regulation (EEC) No 1761/87 (3), and in particular Article 16 thereof, . Whereas : (1) @ 3) A. Procedure On 19 July 1984, by Council Regulation (EEC) No 2089/84 (3, a definitive anti-dumping duty of 33,89 % was imposed on imports of certain ball bearings manufactured and exported by the Minebea group of companies and originating in Singapore. In 1985 and 1986 NMB (UK) Limited of Bracknell, a wholly owned subsidiary of the Japanese mother company of the Minebea group, applied, on a regular basis, for the refund of anti-dumping duties amounting in total to £...(*) paid on imports of the ball bearings during the two years in question. This amount represents part of the anti-dumping . duties paid; a refund of the remainder was not requested. Following submissions by the applicant, additional information on certain costs, prices, commercial conditions and commercial activities of the Minebea group outside Singapore was requested by the Commission on the basis of the Commission notice  concerning the reimbursement of anti-dumping duties () (hereinafter referred to as Notice). The applicant complied with all requests for additional information. to the satisfaction of the Commission. Subsequently, the applicant was () OJ No L 201, 30. 7. 1984, p. 1. 3 OJ No L 167, 26. 6. 1987, p. 9. () OJ No L 193, 21. 7. 1984, p. 1. (*) In the published version of the Decision, some figures have ‘been omitted pursuant to the provisions of Article 8 of Regu- lation (EEC) No 2176/84 concerning non-disclosure of busi- ness secrets. () OJ No C 266, 22. 10. 1986, p. 2. @ ©) 6 % ®) informed of the preliminary results of this examination and given an opportunity to comment on it. It did so, and the comments were taken into consideration prior to this Decision. The Commission informed the Member States and gave its opinion on the matter. No Member State disagreed with this opinion. B. Argument of the applicant \ The applicant has based its claims on the allegation that, for certain sales in the Community, export prices were such that either dumping did not exist or that dumping existed at a level lower than the level of the definitive duty of 33,89 %. C. Admissibility The applications are admissible since they were introduced in ' conformity .with the relevant provisions of the  Community’s anti-dumping legislation, in particular that concerning time limits. ' D. Merits of the claim The applications. are founded in part; for the rest they are unfounded. According to Article 16 (1) of Regulation (EEC) No 2176/84, anti-dumping duties paid by an importer shall be reimbursed if the -importer shows that the duty collected exceeds the actual dumping margin, consideration being given to any application of weighted averages. Pursuant to Article 16 (1) and Part II of the Notice "the applicant proved that the duty collected exceeded the actual dumping margin to varying degrees depending on the shipment and the bearing type partly as a result of normal value having decreased. To this extent the applications were founded and the applicant agrees with the Commission’s calculation. The amount to be refunded is £.... The applicant requests, however, the refund of an additional amount. For the determination of this additional amount, the applicant agrees with the Commission that, when calculating the dumping margin for the purpose of establishing whether it was exceeded by the level of duty or not, the export prices have to be constructed in accordance with Article 2 (8) (b) of Regulation (EEC) No 2176/84.