3.9.90 Official Journal of the European Communities No L 240/19 COMMISSION DECISION of 6 Adgust 1990 concerning applications for refund of anti-dumping duties collected on the impert of vinyl acetate monomer originating in the United States of America {Gantrade (UK) Ltd) (90/460/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing 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: A. PROCEDURE (1) By Regulation (EEC) No 2357/87 (2), the Council . amended Regulation (EEC) No 1282/81, imposing a definitive anti-dumping duty on imports of vinyl acetate monomer originating in the United States of America (?). Anti-dumping duty of 6 % was applied to the American company Gantrade Corporation. (2)° Since November- 1987 Gantrade (UK) Ltd, a European subsidiary of Gantrade Corporation, based in Bishop’s Stortford, United Kingdem, has: been " submitting periodic applications for refund of anti-dumping duties paid on imports of vinyl acetate monomer exported by Gantrade Corporation. The Commission, with the agreement of the-: applicant, decided to treat the applications as- recurring - applications within the meaning of point 1.4 of the Commission notice concerning the reimbursement of anti-dumping duties (hereinafter referred to as ‘the notice’) (*). Accordingly, the applicant has submitted successive applications, within- the three-month time limit set out under Article 16'(2) of Regulation (EEC) No 2423/88. The _information required to- assess the- merits of ‘the applications has been provided™ at six-monthly intervals. (') OJ No L 209, 2. 8. 1988, p. 1. (2) O No L 213, 4. 8. 1987, p. 32. (*) O] No L 129, 15. 5. 1981, p. 1. (*) OJ No C 266, 22. 10. 1986, p. 2. (3)  InNovember 1988 the Commission received a request lodged by an American producer/exporter for a review of the the anti-dumping measures applicable to imports of vinyl acetate monomer originating in the United States of America. On 25 April 1989 the Commission opened the review proceeding covering " the period October 1988 to March 1989 inclusive (*). In accordance with point 1.5 of the notice, it was decided that the proceeding regarding the application for reimbursement opened at the request of Gantrade {UK) Ltd would be suspended until termination of the review. However, the applicant continued to submit periodic applications. Council Regulation (EEC) No 490/90 repealed Regulation (EEC) No 2357/87 and terminated the anti-dumping proceeding concerning imports -of vinyl acetate monomer originating in the United States (§). Thus, since 2 March 1990, anti-dumping duty can no longer be imposed on imports of vinyl acetate monomer originating in the United States. (4)  So as not-to delay the decision on refunds, it was decided to process - immediately the applications concerning imports made up to March 1989. These applications were examined at. the applicant’s headquarters. Recurring applications submitted after this date, or which might still be submitted, covering periods up to 1 March 1990 — when the duty ceased to be applicable — will be covered-by a further Decision. (5} The total amount of refunds requested was Bfrs (. . .)(7), which represents all the duty paid. (6)  The applicant was informed of the results of the examination and had the opportunity to submit its_ comments. (7)  Pursuant to Article 16 (2) of Regulation (EEC) No 2423/88, the Commission .informed thé .Member States: and -gave .its opinion on the -applications’ admissibility and merits. No Member State raised any objection. (*) OJ No C 105, 25. 4. 1989, p. 3. (¢) OJ No L 53, 1. 3.1990, p. 1. (7) 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. ’ '