No L 104/44 Official Journal of the European Communities 24, 4. 91 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 April 1991 concerning an application for reimbursement of anti-dumping duties collected on imports of certain kinds of compact disc players originating in Japan (Harman Deutschland) (Only the German text is authentic) (91/233/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Eurbpean 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 particular Article 16 thereof, Whereas : A. PROCEDURE (1)  Council Regulation (EEC) No 112/90 () imposed a definitive anti-dumping duty on imports of certain kinds of compact disc players originating in Japan or the Republic of Korea. The anti-dumping duty was set at 32 % for products originating in Japan, including the products of Benytone Corporation. (2 In April 1990, Harman Deutschland, an indepen- dent importer based in Heilbronn, Germany, submitted an application for reimbursement of definitive anti-dumping duties paid on imports of compact disc players produced by Benytone Cor- () OJ No L 209, 2. 8. 1988, p. 1. () O] No L 13, 17. 1. 1990, p. 21. poration, the amount involved being DM [...]1(). The applicant did not provide all the information required in order to establish that the duties collected exceeded the actual dumping margin, as stipulated in the Commission notice concerning the reimbursement of anti-dumping duties (¥). The Commission gave the applicant a period of time within which to provide additional information in connection with the application. As no additional information had been received by the end of the time allotted, the Commission contacted the exporter direct in order to inform it of the relevant rules and the consequences for the importer of failure to cooperate. The exporter failed, however, to provide any information concerning normal value and the prices of all its consignments released for free circulation in the Community in the six months preceding the imports in question, and the Commission accordingly informed the applicant that in these circumstances the applica- tion could not succeed. (3)  The applicant had the opportunity to submit its comments. - (4  The Commission informed the Member States and indicated its own point of view on the matter. No Member State raised any objection. () In accordance with Article 8 of Regulation (EEC) No 2423/88, which deals with the non-disclosure of business secrets, cer- tain figures have been omitted from the published version of this Decision. . (*} OJ No C 266, 22. 10. 1986, p. 2.