No L 371/10 Official Journal of the European Communities 31. 12. 94 COMMISSION DECISION of 12 December 1994 concerning applications for the refund of anti-dumping duties collected on certain imports of certain ball bearings originating in Thailand (NMB France Sarl, NMB GmbH, NMB Italia Srl and NMB UK Ltd) (Only the English, French, German and Italian texts are authentic) (94/951/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 subsidized imports from countries not members of the European Economic Community ('), as last amended by Regulation (EC) No 522/94(*), and in particular Article 16 thereof, Whereas: A. PROCEDURE (1) On 9 October 1990 by Council Regulation (EEC) No 2934/90 (%), a definitive anti-dumping duty of 6,7% was imposed on imports of certain ball bearings originating in Thailand. (2) Since April 1992 the importers, NMB France Sarl, NMB GmbH, NMB Italia Srl and NMB UK Ltd, related subsidiaries of Minebea Co. Ltd Japan, have lodged regular monthly refund claims for anti-dumping duties paid on their imports of ball bearings originating in Thailand and manufactured by NMB Thai, Pelmec Thai and NMB Hi-Tech, all of which are owned by Minebea. (3) This Decision concerns refund_ claims for anti-dumping duties paid on the applicants’ imports made between April 1992 and December 1992. The amounts of duty paid were as follows (*): — NMB France FF[...] (ECU [...]), — NMB GmbH DM [...] (ECU[...]), — NMB Italia  Lit[...] (ECU [...]) — NMB UK £[...] (ECU [...]). (') O] No L 209, 2. 8. 1988, p. 1. () O] No L 66, 10. 3. 1994, p. 10. - (%) OJ No L 281, 12. 10. 1990, p. 1. * [...): In the published version of this Decision, points between square brackets indicate figures which have been omitted pursuant to the provisions of Article 8 of Regulation (EEC) No 2423/88. (4) Following submissions by the applicants with regard to the dumping margins during the above reference period, the Commission sought and verified all information deemed to be necessary for . the purposes of a determination and carried out investigations at the premises of the three exporters (NMB Thai, Pelmec Thai and NMB Hi-Tech) in Thailand. ' Investigations were also carried out at the premises of the applicant companies. The applicants complied with all requests for additional information to the satisfaction of the Commission and in accordance with the Commission notice concerning the reimbursement of anti-dumping duties (°). Subsequently the applicants were informed of the results of the Commission’s examination and given an opportunity to comment on them. They did so, and their comments, where appropriate, were taken into considération prior to this Decision. (5) The Commission informed the Member States and gave its opinion on the matter. No Member State disagreed with this opinion. B. ARGUMENT OF THE APPLICANTS (6) The applicants have based their claims on the allegation that, for certain sales in the Community, export prices were such that dumping existed at a level lower than the level of the definitive anti-dumping duty of 6,7 %. ' C. ADMISSIBILITY (7) With regard to NMB France, the refund applications concern, inter alia, certain transactions for which the refund claim was made more than three months after the date on which the amount of definitive duty was determined. For those transactions the refund claim was considered inadmissible in accordance with Article 16 (2) of Regulation (EEC} No 2423/88. The transactions involved were all those on which anti-dumping duties were paid in July 1992 and three transactions involving duties of FF [...] paid in September 1992. There was also one overclaim of FF [...] in December 1992. . (%) OJ No C 266, 22. 10. 1986, p. 2.