22. 9. 94 Official Journal of the European Communities No L 247/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2271/94 of 19 September 1994 amending Regulation (EEC) No 1781/93 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 (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 (*), and in particular Articles 12 and 14 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee, Whereas : A. Background (1) In July 1993, the Council, by Regulation (EEC) No 1781/93 (3, imposed a definitive countervailing duty of 6,7 % 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. (2 This duty was imposed following a review of Commission Decision 90/266/EEC (%) accepting an undertaking offered by the Royal Thai Govern- ment, in connection with the countervailing duty proceeding concerning imports of the abovemen- tioned ball bearings. This involved the Royal Thai Government levying an export tax to offset the subsidies granted. No countervailing 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 indjrect “imports into the Community avoiding the exip/ort (') OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). () OJ No L 163, 6. 7. 1993, p. 1. () O] No L 152, 16. 6. 1990, p. 59. tax levied by the Royal Thai Government on direct imports and to safeguard the effectiveness of the undertaking. (3)  The definitive duty rate of 6,7 % was based on the revised rate of export tax of 0,91 baht per piece, as determined by Decision 93/381/EEC (*) following the above review. B. Reopening of investigation 4) In October 1993, the Commission initiated a review of Decision 93/381/EEC and Regulation (EEC) No 1781/93, by a notice published in the Official Journal of the European Communities(®). (5) The purpose of this review was to examine 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 93/381/EEC, and to determine whether the subsidies granted were still countervailable. Since the rate of countervailing duty on indirect imports directly reflects the export tax rate, the review also covers Regulation (EEC) No 1781/93 imposing the definitive duty. (6) 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. () OJ No L 163, 6. 7. 1993, p. 35. () OJ No C 286, 22. 10. 1993, p. 6.