17.1.98 Official Journal of the European Communities L11/43 COMMISSION DECISION of 8 January 1998 concerning an application for the refund of anti-dumping duties collected on imports of woven polyolefin sacks originating in the People’s Republic of China (Only the English text is authentic) (98/72/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community ('), as amended by Regulation (EC) No 2331/ 96 (%) (hereafter referred to as the Basic Regulation), and in particular Article 11 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1)  Council Regulation (EEC) No 3308/90 (}) of 15 November 1990 imposed a definitive anti- dumping duty on imports of woven polyolefin sacks falling within CN code ex 6305 3191 and originating in the People’s Republic of China. The rate of the definitive duty was set at 43,4 %. (2)  Council Regulation (EEC) No 2346/93 (*) of 23 August 1993 amended the above Regulation and raised the duty rate to 85,7 %. (3  On 18 May 1995, Envopak Group Ltd imported one shipment of DHL courier bags made from woven polypropylene originating in China. The goods concerned were declared within tariff heading 6305 39 00. This classification was chal- lenged by UK Customs and Excise which deter- mined on 26 May 1995 that the goods’ proper classification was within heading 6305 31 91 and that they were therefore subject to the anti- dumping duty of 85,7 %. The anti-dumping duties were finally paid on 25 July 1995. (4)  The final purchaser of the goods, the international courier company DHL submitted an appeal on 20 June 1995 to UK Customs and Excise for a Departmental Review under the UK law imple- 56, 6. 3. 1996, p. 1. 317, 6. 12. 1996, p. 1. 318, 17. 11. 1990, p. 1. 215, 25. 8. 1993, p. 3. 3332 o000 S onl ol el ond menting Article 245 of the Community Customs Code against the imposition of the anti-dumping duty, claiming that the goods should be classified within customs heading 4202 as travel bags. The classification within customs heading 6305 31 91 was confirmed by this review on 28 June 1995. ) Envopak subsequently lodged a formal Notice of Appeal on 2 August 1995 to the VAT and Duties Tribunal set up pursuant to Article 245 of the Community Customs Code claiming that the goods concerned should be classified within heading 4202. The Tribunal heard the appeal on 7 December 1995 and confirmed on 16 January 1996 that the classification within tariff heading 6305 31 91 was correct. (6) By Notice of Initiation No 95/C 271/03 (°) and following a complaint lodged by the European Association for Textile Polyolefins, the Commis- sion initiated, on 17 October 1995, a review pursuant to Article 11(2) and (3) of Council Regu- lation (EC) No 3283/94 of the anti-dumping meas- ures in force on imports of woven polyolefin sacks originating in the People’s Republic of China. On 21 March 1996, Envopak Group Ltd made a submission to the Commission that the goods concerned did not fall within the scope of Regula- tion (EEC) No 3308/90. The Commission confirmed that it considered that, in the framework of the review, the goods concerned fell within the scope of Regulation (EEC) No 3308/90 and informed Envopak Group Ltd on 20 June 1996. (7)  On 16 July 1996 Envopak Group Ltd lodged an application pursuant to Article 11(8) of the Basic Regulation for the refund of the definitive anti- dumping duties paid on the importation of a ship- ment of woven polyolefin sacks, originating in the People’s Republic of China, on 18 May 1995. (8)  On 30 June 1997, the Commission disclosed to the applicant the main facts and considerations on the basis of which it intended to declare the () OJ C 271, 17. 10. 1995, p. 3.