No L 229/10 Official Journal of the European Communities 26. 9. 95 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 15 September 1995 concerning an application for the refund of anti-dumping duties collected on imports of espadrilles originating in the People’s Republic of China (Importmaatschappij Intermedium BV) (Only the Dutch text is authentic) (95/381/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Commu- nity (), as last amended by Regulation (EC) No 1251/95 (%), and in particular Article 23 thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dized imports from countries not members of the Euro- pean Economic Community (), as last amended by Regu- lation (EC) No 522/94 (%), and in particular Article 16 thereof, Whereas : A. PROCEDURE (1)  Council Regulation (EEC) No 1812/91 (¥} imposed a definitive anti-dumping duty on import of espad- rilles originating in the People’s Republic of China and definitively collected the provisional anti- () OJ No L 349, 31. 12. 1994, p. 1. () O No L 122, 2. 6. 1995, p. 1. () OJ No L 209, 2. 8. 1988, p. 1. ( ( @ 3 “ dumping duty imposed on those imports. The rate of duty was set at 70,3 % for espadrilles falling within CN code ex 6404 19 90 (additional Taric code-8547). On 5§ April 1993, an application was made under Article 16 of Regulation (EEC) No 2423/88 for the refund of definitive anti-dumping duties paid by Importmaatschappij Intermedium BV on the importation on 3 and 18 March 1952 of two ship- ments of espadrilles originating in the People’s Republic of China. On 9 December 1994, the Commission disclosed to the applicant the main facts and considerations on the basis of which it intended to declare the application inadmissible. The applicant was given the opportunity to submit comments prior to the final decision. No comments were received. The Commission informed the Member States and gave its opinion on the matter. No Member State raised any objection. B. ADMISSIBILITY The application is inadmissible for the following reasons Firstly, Article 16 (1) of Regulation (EEC) No 2423/88 states that where an importer can show that the duty collected exceeds the actual dumping margin, the excess amount shall be reimbursed. In