No L 11/34 Official Journal of the European Communities ' 12. 1.. 85 COMMISSION DECISION of 29 October 1984 concerning an application for refund of anti-dumping duties collected on .certain imports of cotton yarn from Turkey ¢+ (85/19/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 (1) On 3 December 1981 the Commission, by Regu- lation (EEC) No 3453/81 (3, imposed a provi- sional anti-dumping duty of 16 % on certain cotton yarn originating in Turkey; on 3 April 1982, by Council Regulation (EEC) No 789/82 (%), 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. (2) Following an arrangement entered into between the Commission on the one hand and the Turkish Government and the Turkish Textile Exporters Association on the other, the definitive duty was partly repealed by Council Regulation (EEC) No 2306/82 (*) on 21 August 1982. Under the terms of the abovementioned arrangement, the Turkish authorities and exporters introduced a system of minimum prices for exports of cotton yarn to the: Community which eliminated the dumping margin as finally established. Regulation (EEC) No 789/82, however, continued to apply for those goods which had already been intro- duced into the customs territory of the Commu- nity but not yet released into free circulation. (3) On 24 March and 28 April 1982, Continentale Produkten Gesellschaft Erhardt-Renken, GmbH & Co., Hamburg, an importer of cotton yarn from OJ No L 201, 30. 7. 1984, p. 1. OJ No L 347, 3. 12. 1981, p. 19. OJ No L 90, 3. 4. 1982, p. 1. OJ No L 246, 21. 8. 1982, p. 14. (4) ©) (6) ) (8) (Only the German text is authentic) - Turkey, applied to the German authorities for a refund of the amount of DM 676 782,57 which it had definitively paid in anti-dumping duties on its imports of cotton yarn from Turkey. The German authorities forwarded the application to the Commission. Following the submission by the applicant of further supporting evidence, the claim was 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 Commission informed the Member States and gave its opinion on the matter. One Member State disagreed with this opinion and Member States were therefore consulted prior to this Decision. B. Arguments of the applicant The applicant has based its claim on the allega- tion that his Turkish suppliers’ normal values were lower than those definitively determined in Council Regulation (EEC) No 789/82. In support of this claim, the applicant presented statements from its Turkish suppliers on their alleged normal values which were not, however, substantiated by any evidence. It argued that the Commission was obliged to investigate these allegations, if neces- sary, by visits to the premises of its Turkish suppliers. C. Admissibility The application is admissible since it was intro- duced in conformity with the relevant provisions of the Community’s anti-dumping legislation, in particular, the time limits. D. Merits of the claim However, the application is only justified for part of the sum claimed. In arriving at this conclusion the Commission has rejected the applicant’s argu- ments that the refund calculations in this case