No L 118/94 Official Journal of the European Communities 25. 5. 95 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 2 May 1995 accepting a modified undertaking offered by the Royal Thai Government in connection with the countervailing duty proceeding concerning imports of ball bearings with a greatest external diameter not exceeding 30 mm originating in Thailand (95/180/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Articles 10 and 13 thereof, After consultations within the Advisory Committee, Whereas : A. PREVIOUS PROCEDURE () In June 1988 the Commission initiated an anti- subsidy proceeding concerning imports of certain ball bearings originating in Thailand (3, following a complaint lodged by the Federation of European Bearing Manufacturers’ Associations (Febma). The product has been defined as ball bearings with a greatest external diameter not exceeding 30 mm (hereinafter referred to as ‘ball bearings’), origina- ting in Thailand. (2 The Commission found that the above imports were being subsidized and were causing material () OJ No L 349, 31. 12. 1994, p. 22. () OJ No C 147, 4. 6. 1988, p. 4. injury to the Community industry. In the light of those findings, the Royal Thai Government offered an undertaking to eliminate the effect of the subsidy. This undertaking involved the levying of an export tax of 1,76 baht, equivalent to the amount of subsidy recorded, which was liable to countervailing measures (‘countervailable subsidy’) for each ball bearing exported to the Community. (3 In June 1990, by Decision 90/266/EEC (%), the Commission accepted the undertaking offered and terminated the investigation. 4 In July 1993, the Commission, following a review, established that the amount of subsidy had fallen to 0,91 baht per price. Having been informed of these findings, the Royal Thai Government changed the export tax rate to 0,91 baht per ball bearing exported to the Community, and offered a modi- fied version of the undertaking to this effect. This was accepted by Commission Decision 93/381/EEC (9. () In addition, in order to prevent the export tax being circumvented by indirect imports, the Council, by Regulation (EEC) No 1781/93 (), imposed a definitive countervailing duty of imports of ball bearings originating in Thailand but exported to the Community from another country. () OJ No L 152, 16. 6. 1990, p. S9. (9 O] No L 163, 6. 7. 1993, p. 35. () OJ No L 163, 6. 7. 1993, p. 1.