No L 148/30 Official Journal of the European Communities 15. 6. 88 COMMISSION DECISION of 22 April 1988 concerning applications for refund of anti-dumping duties collected oﬁ certain imports of certain ball bearings originating in Singapore (NMB Italia SA) (Only the Italian text is authentic) (88/329/EEC) THE COMMISSION OF THE EURO?EAN 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 : A. Procedure (1) On 19 July 1984, by Council Regulation (EEC) No .2089/84 (%), 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 (Italia) SA, Bareggio, 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 Lit...(*) 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. ' "(3)  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 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. () 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 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. (4 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 (5)  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 " (6) 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 (7)  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 Lit. .. (8)  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. Article 2 (8) (b) provides that an export price is