3.3.94 Official Journal of the European Communities No L 59/25 COMMISSION DECISION of 8 February 1994 concerning an application for the refund of anti-dumping duties collected on certain imports of certain polyester yarns (man-made staple fibres) originating in Indonesia (Rowson & Son Ltd) (Only the English text is authentic) (94/135/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or sub- sidized imports from countries not members of the Euro- pean Community ('), and in particular Article 16 thereof, Whereas : ) A. PROCEDURE On 31 March 1992 by Council Regulation (EEC) No 830/92 (), a definitive anti-dumping duty of 11,9 % was imposed on imports of certain poly- ester yarns (man-made staple fibres) originating in Taiwan, Indonesia, India, the People’s Republic of China and Turkey. “ reference periods, the Commission sought and veri- fied all information deemed to be necessary for the purposes of a determination and carried out inves- tigations at the premises of the exporter in Indo- nesia. Subsequently, the applicant was informed of the preliminary results of this examination and given an opportunity to comment. Its observations were taken into account where considered necessary. The Commission informed the Member States and gave its opinion on the matter. No Member State disagreed with this opinion. B. ARGUMENTS OF THE APPLICANT (2 Rowson & Son Ltd, International Yarn MFrchants, (5) The applicant based its claim on the allegation, 1 We!ls Road, Hkley, UK-West Yorkshire LS29 supported by data concerning normal value and 9JB, importer of polyester yarns produced and export prices to the Community, that the export exported by PT Indo Rama Synthetics, an Indo- prices from the exporter were such that dumping nesian exporter (hereinafter referred to as ‘the did not exist. exporter’), subject to the anti-dumping duty of 11,9 %, claimed on 24 August, 23 September and 18 December 1992 a refund of anti-dumping duties paid in the period 1 May 1992 to 30 November 1992. In accordance with the Commission notice C. ADMISSIBILITY concerning the reimbursement of anti-dumping duties () (hereinafter referred to as ‘the notice’), the Commission considered that as the. refund request (6) The applications are admissible since they were related to more than three consignments in a . . S . . - . ) introduced in conformity with the relevant provi- period exceeding six x'{lonths, it should be treated sions of the Community’s anti-dumping legislation as a recurring application in the context of point in particular that concerning time limits ’ 1.4 of the notice. : The total refund claimed by Rowson & Son Ltd, for anti-dumping duties paid between 1 May and 30 November 1992, amounts to (£ ...)(%). D. MERITS OF THE CLAIM (3)  Following submissions by the applicant with regard to the margin of dumping during the above (7)  Pursuant to Atticle 16 (1) of Regulation (EEC) No () OJ No L 209, 2. 8. 1988, p. 1. () O] No L 88, 3. 4. 1992, p. 1. () O No C 266, 22. 10. 1986, p. 2. () In the published version of the Decision, some figures have 2423/88 and point II of the notice, the applicant showed, and the verifications carried out confirmed, that the export prices were, with the exception of a small number of transactions, not lower than the been omitted pursuant to the provisions of Article 8 of Regu- lation (EEC) No 2423/88 concerning non-disclosure of busi- ness secrets. normal value for sales of the like product in Indo- nesia.