No L 148/28 Official Journal of the European Communities 15. 6. 88 COCMMISSION DECISION of 22 April 1988 conceming applications for refund of anti- dumping duties collected on certain imports of certain ball bearings originating in Singapore (NMB (Deutschland) GmbH) (88/328/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 ﬁa ve its dopmtl}?nthon the matter. No Member State of 23 July 1984 on protection againsted dumped or 1sagreed w1 is opinion. subsidized imports from countries not members of the European Economic Community ('), as amended by B A £ th lican Regulation (EEC) No 1761/87 (3), and in particular Article - Argument of the applicant 16 thereof, (5)  The applicant has based its claims on the allegation Whereas : 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 A. Procedure level of the definitive duty of 33,89 %. (1) On 19 July 1984, by Council Regulation (EEC) No 2089/84 (}), a definitive anti-dumping duty of e 33,89 % was imposed on imports of fertain ball C. Admissibility ::gg;i: r;?JHUfi?t‘ir:i aannigs :;fgocr::l:dinaxbt?n '[tils 6) The applications are admissible since they were Singa oreg P P g g introduced in conformity with the relevant pore. ’ provisions of the Community’s anti-dumping (2  In 1985 and 1986 NMB (Deutschland) GmbH, Neu legislation, in particular that concerning time Isenburg, a wholly owned subsidiary of the limits. Japanese mother company of the Minebea group, applied, on a regular basis, for the refund of . . anti-dumping duties amounting in total to D. Merits of the claim DM...(* paid on imports of the ball bearings : o ' . during the two years in question. This amount (7  The applications are founde'd in part; for the rest represents part of the anti-dumping duties paid; a - they are unfounded. According to Article 16 (1) of refund of the remainder was not requested. Regulatlon (E.EC) No 2176/84, anti-dumping duties paid by an importer shall be reimbursed if the (3)  Following submissions by the applicant, additional importer shows that the duty collected exceeds the information on certain costs, prices, commercial actual dumping margin, consideration being given conditions and commercial activities of the to any application of weighted averages. Pursuant to Minebea group outside Singapore was requested by Article 16 (1) and Part II of the Notice the the Commission on the basis of the Commission applicant proved that the duty. collected exceeded notice  concerning the reimbursement of the actual dumping margin to varying degrees anti-dumping duties (°) (hereinafter referred -to as ‘depending on the shipment and the bearing type Notice). The applicant complied with all requests partly as a result of normal value having decreased. for additional information to the satisfaction of the To this extent the applications were founded and Commission. Subsequently, the applicant was the applicant agrees with the Commission’s informed of the preliminary results of this calculation. The amount to be refunded is DM.. .. examination and given an opportunity to comment : (8)  The applicant requests, however, the refund of an () OJ No L 201, 30. 7. 1984, p. 1. (®» OJ No L 167, 26. 6. 1987, p. 9. () OJ No L 193, 21. 7. 1984, p. 1. () In the pubhshed version of the Decision, some figures have (Only the German text is authentic) on it. It did so, and the comments were taken into consideration prior to this Decision. The Commission informed the Member States and 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. been omitted pursuant to the provisions of Article § of Regu- lation (EEC) No 2176/84 concerning non-disclosure of busi- ness secrets. () O] No C 266, 22. 10. 1986, p. 2.