No L 118/4 Official‘Journal of the European Communities 25. 5. 95 COUNCIL REGULATION (EC) No 1169/95 of 22 May 1995 amending Regulation (EC) No 2271/94 imposing a definitive countervailing duty “on imports of ball bearings with a greatest external diameter not exceeding 30 mm, originating in Thailand but exported to the Community from another country THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, ’ Having regard to Council Regulation (EC) No 3284/94 of 22 December 1994 on protection against subsidized imports from countries not members of the European Community (*), and in particular Article 13 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee, Whereas : 1) @ &) A. Background In September 1994, following a review, the Council, by Regulation (EC) No 2271/94(3), amended the definitive countervailing duty imposed on imports of ball bearings with a greatest external diameter not exceeding 30 mm, origina- ting in Thailand but exported to the Community from another country, from 6,7 % to 5,3 %. The 6,7 % countervailing duty had been imposed in July 1993 by Regulation (EEC) No 1781/93 (%), following a review of Commission Decision 90/266/BEC (*), accepting an undertaking offered by the Royal Thai Government, in connection with the countervailing duty proceeding concerning imports of the abovementioned ball bearings. This involved the Royal Thai Government levying an export tax to offset the subsidies granted. No coun- tervailing duty was imposed at the time of adoption of this Decision. The review investigation revealed, however, that a duty was necessary in order to prevent indirect imports into the Community avoiding the export tax levied by the Royal Thai Government on direct imports and to safeguard the effectiveness of the undertaking. The amended definitive duty rate of 5,3 % on indi- rect imports, posed by Regulation (EC) () OJ No L 349, 31. 12. 1994, p. 22. () OJ No L 247, 22. 9. 1994, p. 1. % OJ No L 163, 6. 7. 1993, p. 1. () OJ No L 152, 16. 6. 1990, p. 59. ) ©) (6) @) No 2271/94, was based on the revised rate of export tax of 0,72 baht per piece, as determined by Decision 94/639/EC (°), following a further review. B. Reopening of investigation In December 1994, the Commission initiated a review of Decision 94/639/EC and of Regulation (EC) No 2271/94, by a notice published in the Official Journal of the European Communities (). The purpose of this review was to recalculate the amount of subsidy granted by the Royal Thai Government, with a view to allowing a modifica- tion of the rate of export tax established by Deci- sion 94/639/EC. Since the rate of countervailing duty on indirect imports directly reflects the export tax rate, the review also covers Regulation (EC) No 2271/94 imposing the definitive duty. The Commission officially advised the Royal Thai Government, the exporters and importers known to be concerned, as well as the complainant in the - original investigation (Febma) and gave the parties directly concerned the opportunity to make their views known in writing and request a hearing. The Royal Thai Government, the exporters located in Thailand and the Community producers, repre- sented by Febma, made their views known in writing. The Commission sought and verified all informa- tion it deemed to be necessary for the purposes of a determination and carried out an investigation at the premises of the following : (a) Royal Thai Government : Department of Foreign Trade, Bangkok, Board of Investment, Bangkok ; (b) Thai exporters: NMB Thai Ltd, Ayutthaya, Thailand, Pelmec Thai Ltd, Bang Pa-In, Thailand, NMB Hi-Tech Ltd, Bang Pa-In, Thailand. All these exporting companies are wholly-owned subsidiaries of Mineba Co., Ltd., Japan. () OJ No L 247, 22. 9. 1994, p. 29. () OJ No C 348, 9. 12. 1994, p. 5.