No L 167/50 Official Journal of the European Communities 27. 6. 85 COMMISSION DECISION of 21 June 1985 concerning applications submitted by Gértz & Co., Duisburg, for the refund of anti-dumping duties collected on certain imports of cotton yarn originating in Turkey (85/319/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 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community ('), and in particular Article 16 thereof, Whereas : (1) (2) A. Procedure On 3 December 1981 the Commission, by Regu- lation (EEC) No 3453/81 (3, imposed a provisi- onal anti-dumping duty of 16 % on certain cotton yarn originating in Turkey; on 3 April 1982, by Council Regulation (EEC) No 789/82 (3), a definitive anti-dumping duty of 12 % was imposed on the product concerned and the amounts secured by way of provisional duty from 1 January 1982 pursuant to Regulation (EEC) No 3453/81 were definitively collected up to the amount of the definitive duty. On 30 July 1982, an arrangement was agreed upon between the Commission on the one hand and the Turkish Government and the Turkish Textile Exporters Association on the other. Under the terms of this arrangement the Turkish authorities and exporters agreed to raise the prices for exports of cotton yarn to the Community to specified levels (hereinafter called ‘the arrange- ment prices’). The arrangement also provided for the periodic updating of these prices to take account of changes in raw cotton prices in Turkey which would have corresponding effects on prices of cotton yarn in Turkey. The arrangement prices - were equivalent to the normal values definitively determined in Regulation (EEC) No 789/82 and, consequently, eliminated the dumping margin as finally established. Because of this arrangement, it was decided that it was no longer necessary to () OJ No L 201, 30. 7. 1984, p. 1. () O] No L 347, 3. 12. 1981, p. 19. () OJ No L 90, 3. 4. 1982, p. 1. () (6) levy an anti-dumping duty. The definitive duty was, therefore, repealed by Council Regulation (EEC) No 2306/82(*). Regulation (EEC) No 789/82, however, continued to apply for those goods which had already been introduced into the customs territory of the Community but which had not yet been released into free circulation. Between 1 April 1982 and 28 February 1983 Gortz and Co., Duisburg, an importer of cotton yarn form Turkey, submitted several applications to the German authorities for refunds of amounts, totalling DM...... (®), which it had definitively paid in anti-dumping duties on its imports of cotton yarn form Turkey. The German authorities forwarded the applications to the Commission. Following the submission by the applicant of further supporting evidence, the claims were examined by the Commission. The applicant was informed of the preliminary results of this exami- nation and given an opportunity to comment on it. The comments made were taken into con- sideration prior to this Decision. The Commisson informed the Member States and gave its opinion on the matter. None of the Member States disagreed with the opinion of the Commission. B. Arguments of the applicant The applicant has based its claim on an allegation that its Turkish supplier's normal values were lower than those definitively determined in Regu- lation (EEC) No 789/82. In this respect it submitted a statement alleging certain price levels in Turkey but the source of this information was not disclosed and no evidence was submitted to substantiate it. The applicant also alleged that a certain number of the shipments involved in its claim were of low-quality cotton yarn and that therefore the normal value for these shipments should be reduced accordingly. () OJ No L 246, 21. 8. 1982, p. 14. (®) In the published version of the Decision, some figures have hereinafter been omitted, pursuant to the provisions of Article 8 of Council Regulation (EEC) No 2176/84 con- ~cerning non-disclosure of business secrets.