No L 108/14 - Official Journal of the European Communities COMMISSION DECISION of 21 March 1989 concerning applications for refund of anti-dumping duties collected on certain imports of hydraulic excavators originating in Japan (Equipco SA) (Only the French text is authentic) (89/263/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to ‘the Treaty estabhshmg the European 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 (1), and in particular Article 16 thereof, Whereas: (2)- A. PROCEDURE Council Regulation (EEC) No 1877/85 (2) imposed a definitive anti-dumping duty on imports of certain hydraulic excavators exceeding six tonnes but not exceeding 35 tonnes originating in Japan. The rate of - duty applied to Hitachi Construction Machmery Co. Lid, Tokyo, was 12,4 %. Between October 1985 and March 1987 Equipco SA made eight applications, following the .normal procedure, for the refund of definitive anti-dumping duties paid on the importation between March 1985 and March 1987 of hydraulic excavators produced by Hitachi Construction. Machinery Co. Ltd. The total amount requested was FF . . . (3), representing part of the FF . . . the imports. The applications were treated as applications within the meaning of point I.B.4 (a) of the Commission notice concerning the reimbursement of anti-dumping duties (hereinafter -referred to as the ‘Commission notice’) (4). They were therefore (1) OJ No L.-209,:2. 8. 1988, p. 1. (2) O NoL 176, 6. 7. 1985, p. 1. (3) 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. (*) OJ No C 266, 22. 10. 1988, p. 2. paid altogether in anti-dumping duties on - recurring - (4) 7) (8) grouped by six-month periods for the presentation of the required information and the assessment of the actual dumping margin. The Commission asked ‘the applicant for further . details on certain calculations and for additional information on trends in certain costs and on the comparability of certain new models with those covered by the original investigation. The applicant complied with the Commission’s request only in respect of the applications for reimbursement relating to the period from March 1985 to March 1986 inclusive, i.e. the first two reference periods, and stated that it was withdrawing the subsequent applications and would not therefore . be completing the case histories. The Commission visited the Equipco premises to carry out a check on export prices. Similarly, information regarding the normal value and freight costs was checked on the premises of Hitachi. Construction Machinery Co. Ltd in Japan and with C.. Itoh, the exporting company. Following these checks, which led to a number of corrections being made to the data originally supplied, the applicant produced new calculations, reducing the amount originally requested for the period from March 1985 to March 1986 from FF ... to FF. .. However, it pointed out that, during the on-the-spot checks. on normal value, Hitachi Construction Machinery Co. Ltd had discovered that data relating- to the first reference period had mistakenly been used again in calculating the normal value for the second period. This had resulted in a higher normat value. The applicant argued that this error at-its own cost was clearly involuntary since it resulted in a wider dumping margin, and that its applications should therefore be- considered justified for a larger amount. The Commission found that the calculations presented by the applicant for the comparisons between normal value and export price were in