4. 9. 85 Official Journal of the European Communities No L 237/17 COMMISSION DECISION of 1 August 1985 concerning an application submitted By ApS Holger Pedersen & Co., Odense, for the refund of anti-dumping duties collected on certain imports of hardboard from Sweden (Only the Danish text is authentic) (85/421/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 : A. Procedure On 31 August 1983 the Commission, by Regu- lation (EEC) No 2444/83 (¥, withdrew accept- ance of the undertaking given by Swedeboard imports of hardboard from Swedeboard Vrena AB. The Danish authorities forwarded the application to the Commission. The application was examined by the Commis- sion and the applicant was informed of the preliminary results and given an opportunity to comment. In its reply the applicant did not raise any objections to the findings of the Commission. The Commission 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 Vrena AB, Vrena, Sweden, with regard to (5) The applicant has based its application on the exports of hardboard to the Community and allegation that the export prices paid for the imposed a provisional anti-dumping duty of . shipments of hardboard from Swedeboard Vrena 19,9 % on imports of hardboard originating in AB were equal to or higher than the production Sweden and exported by Swedeboard Vrena AB. costs of Swedeboard Vrena AB. On 24 December 1983, the Commission, by Decision 83/649/EEC (°), accepted another undertaking given by Swedeboard Vrena AB in connection with exports of hardboard to the C. Admissibility Community. On the same day, by Council _ Regulation (EEC) No 3648/83 (*), the amounts (6)  The application is admissible since it was intro- secured by way of the abovementioned provi- duced in conformity with the relevant provi- sional anti-dumping duty for hardboard sions of the Community’s anti-dumping legisla- exported by Swedeboard Vrena AB were tion, in particular, the time limits. definitively collected at the rate of 3,05 %. 2 On 19 January 1984, ApS Holger Pedersen & ) L @ Co., Od{nse, rZ Danish }i)mportegr of hardboard D. Merits of the application originating in Sweden and exported by Swede- board Vrena AB applied to the Danish authori-  (7)  The application is well founded only in respect ties for a refund of Dkr...() which it had definitively paid in anti-dumping duties on its (") OJ No L 201, 30. 7. 1984, p. 1. (» OJ No L 241, 31. 8. 1983, p. 9. () OJ No L 361, 24. 12. 1983, p. 47. () OJ No L 361, 24. 12. 1983, p. 6. () In the published version of the Decision, some figures of part of the sum claimed. The production costs alleged: by the applicant were used as normal value in the investigation leading to the undertaking which was in force prior to the imposition of the provisional anti-dumping duty. They are, therefore, irrelevant in the context of this refund application. To examine the validity of this application the Commission have hereinafter been omitted, pursuant to the provisions of Article 8 of Regulation (EEC) No 2176/84 concerning non-disclosure of business secrets. has compared the prices paid by the applicant with the normal value applicable to its supplier