It follows from the above that, as provided for by Article 11 (2) of the Basic Regulation, the variable anti-dumping duties in combination with a minimum price of ECU 120/tonne on imports of DBM originating in the People's Republic of China imposed by Regulation (EC) No 3386/93 should be maintained,

The GOI also claimed that the scheme constitutes an export subsidy only to the extent that it provides a drawback of import charges in excess of those actually leviable in imported inputs that are used in export production, and that the Commission has failed to discharge its obligation of determining the extent of this excess.

Several interested parties continued to argue that the Commission wrongly concluded that imports originating in the countries concerned were the cause of the injury suffered by the Community industry whereas, in their opinion, the situation of this industry and the level of prices on the Community market were due to a combination of other factors.

Amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 1412/2002 on imports of polyester textured filament yarn falling within CN code 5402 33 00 originating in India shall be definitively collected at the rate of the duty definitively imposed by the present Regulation.

In December 1993, definitive anti-dumping measures were imposed by Council Regulation (EC) No 3386/ 93 (2) in the form of a variable duty associated to a minimum import price of ECU 120/tonne on imports of dead-burned (sintered) magnesia (hereinafter DBM) originating in the People's Republic of China.

The amount of this residual duty reduced by the accession compensatory amount granted, or increased by the accession compensatory amount levied in accordance with the third indent of Article 43 (1) of the Act shall not exceed the total amount of the charge applicable by the Hellenic Republic on the same goods if they had been imported from third countries.

As concerns the impact on the situation of the Community industry of the magnitude of the actual margin of dumping during the IP, this is not considered a relevant factor in the present review examinations as the imposition of anti-dumping duties in 1997 and the subsequent anti-circumvention measures have practically stopped imports from Belarus.

Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set in accordance with paragraph 5 which may not exceed the flat-rate value by more than 10%, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required.

Finally, the analysis of the cooperating importers' questionnaire responses revealed that, for significant sales of CCM used for agricultural purposes, the exporters' cif sales price was just at the minimum price level of ECU 112 t, suggesting that these prices were limited by the anti-dumping measures presently applicable.

Whereas the securities to be lodged for import and export licences should be fixed at different levels for the various product groups according to the possible variations in the refund or export tax during the term of validity of the licences, preferential treatment being granted in respect of deliveries to ACP countries;

Another exporting producer argued that in calculating the duty drawback allowance per kilogram, the Commission should have divided the total import duties incorporated in purchases of certain imported raw materials by the quantity of imported raw materials only and not by the total quantity of raw materials purchased both locally and imported.

The provisions of paragraph 3, shall also apply in such cases except that the provisional limit referred to in paragraph 3 (b) shall be established at 25 %, at least, of the level of imports during the 12-month period terminating two months, or where data is not available three months, preceding the month in which the request for consultations is made.

In response to these arguments it is considered that under the fixed amount refund system, the amount of the grants received is not calculated in relation to inputs actually consumed in the production process or import duty actually paid but calculated as a lump sum based on overall exports.

One unrelated importer argued that, contrary to what was set out in recital 188 of the provisional Regulation, the imposition of countervailing duties reduced the availability of Indian PET film on the Community market and that the level of the anti-dumping duties as set out in this Regulation will make it unable to source PET film from its traditional Indian suppliers.

In 1991, the Council, by Regulation (EEC) No 3433/ 91(2), imposed, inter alia, a definitive anti-dumping duty of 16,9% on imports of gas-fuelled, non-refillable pocket flint lighters ('non-refillable lighters') originating in the People's Republic of China ('China').

Using the same calculation methodology as in the original investigation, the benefit to the exporter has been calculated on the basis of the amount of unpaid customs duty due on imported capital goods by spreading this amount across a period which reflects the normal depreciation of such capital goods in the industry of the product concerned.

whereas in the case of absence of quotations the duty amount set for the previous period should continue to be applied and in the case of large fluctuations in either the exchange quotation, the commercial premiums attached to the quotation, the sea freight costs or the rate of exchange used to calculate the representative cif import price of the product the price used for calculation of the import duty should be kept representative by means of an adjustment corresponding to the deviation from it that these changes account for;

A countervailing duty shall be imposed in the appropriate amounts in each case, on a non-discriminatory basis, on imports of a product from all sources found to benefit from countervailable subsidies and causing injury, except as to imports from those sources from which undertakings under the terms of this Regulation have been accepted.

The import security of EUR 5 per tonne referred to in paragraph 1 shall be released in respect of the quantity of products imported under each quota which complies with the criteria referred to in paragraphs 2 and 3, as the case may be. Should the tests referred to in paragraphs 2 and 3 show that the quality of the imported product is below standard, Commission Regulation (EC) No 1249/96 (10), shall apply.

The GOK argued that this scheme is a drawback system within the meaning of Annex I, point (i), Annex II and Annex III to the ASCM and claimed further that the drawback of import charges is not made in excess of those levied on imported inputs that are consumed in the production of the exported product, making normal allowance for waste.

The GOK argued that this scheme is a drawback system within the meaning of Annex I(i), Annex II and Annex III to the ASCM and claimed further that the drawback of import charges is not made in excess of those levied on imported inputs that are consumed in the production of the exported product, making normal allowance for waste.

It should be noted that when calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Community industry to cover its costs and obtain overall a profit before tax that could be reasonably achieved by the Community industry under normal conditions of competition, i.e. in the absence of dumped imports.

It follows from the above that, as provided for by Article 11(2) of the Basic Regulation, the antidumping measures in the form of a variable duty associated to a minimum import price of ECU 112 t on imports of CCM originating from the People's Republic of China imposed by Regulation (EEC) No 1473/93 should be maintained, but expressed in the new the European currency EURO.

In order to ensure the quality of the products imported under tariff quotas 09.0074 and 09.0075, eligibility for the zero import duty shall be conditional on importers lodging, in addition to any security required under Article 248 of Regulation (EEC) No 2454/93, an import security of EUR 5 per tonne with the competent customs authorities on the day the declaration of release for free circulation is accepted.

the ad valorem charge of 0, 4 % applied to goods imported temporarily, goods reimported (excluding containers) and goods imported under the inward processing arrangements characterized by the rebate of duties levied on the import of goods used after export of the products obtained ('drawback') shall be reduced to 0, 2 % on 1 January 1987 and abolished on 1 January 1988;

As explained in recital 91 of the provisional duty Regulation, a non-injurious level of prices was determined by adding to the sales price of the Community industry its average actual loss and by further adding a profit margin of 8 % which would cover the Community industry's cost of production and allow a reasonable profit to be obtained in the absence of dumped imports from the country concerned.

By Regulation (EC) No 1821/98( fn ), the Council imposed a definitive anti-dumping duty of 41,1 % on imports of certain magnetic disks (3,5" microdisks), used to record and store encoded digital computer information (hereinafter referred to as the 'product concerned'), falling within CN code ex 8523 20 90 (Taric code 8523 20 90*10) and originating in Indonesia.

Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 358/2002 on imports of certain tube and pipe fittings, of iron or steel falling within CN codes ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and ex 7307 99 90 and originating in the Czech Republic, Malaysia, Russia, the Republic of Korea and Slovakia shall be definitively collected at the rate of the duty definitively imposed.

When calculating the amount of duty necessary to remove the effects of the injurious subsidies, it was considered that any measures should allow the Community industry to cover its costs and obtain overall a profit before tax that could be reasonably achieved under normal conditions of competition, i.e. in the absence of subsidised imports, on the sales of the like product in the Community.

The annual level of the quantitative limits established in accordance with paragraphs 3 to 6 or 9 may not be less than the level of imports into the Community in 1985 for Argentina, Brazil, Hong Kong, Pakistan, Peru, Sri Lanka and Uruguay, and in 1986 for Bangladesh, India, Indonesia, Malaysia, Macao, Philippines, Singapore, South Korea and Thailand, of products of the same category and originating in the same supplier country.

In addition, although the Indian import prices increased by 17 % between 2001 and the IP, it should be borne in mind that this increase was not sufficient to compensate for the huge price decrease of 65 % that had occurred between 2000 and 2001. The resulting overall price trend shows a considerable reduction, which even taking into account the significant expansion of the Community consumption, indicates a negative effect on the market.

whereas, following deliberations within the committee set up under Article 25 of Regulation (EC) No 517/94, it was considered appropriate, in particular in the light of the situation of the Community industry concerned, to set annual quantitative limits for imports into the Community of products falling within categories 87 and 109 originating in North Korea of 5 tonnes and 10 tonnes respectively, which will be applicable from the date of entry into force of this Regulation;

The annual level of the quantitative limits established in accordance with paragraphs 3 to 5 may not be less than the level of imports into the Community in 1985 for Argentina, Brazil, Hong Kong, Pakistan, Peru, Sri Lanka and Uruguay, and in 1986 for Bangladesh, India, Indonesia, Malaysia, Macao, Philippines, Singapore, South Korea and Thailand, of products of the same category and originating in the same supplier country.

From the date of entry into force of this Agreement, the Community shall fix the customs duties applicable to imports into the Community of "baby-beef" products defined in Annex III and originating in the former Yugoslav Republic of Macedonia, at 20 % of the ad valorem duty and 20 % of the specific duty as laid down in the Common Customs Tariff of the European Communities, within the limit of an annual tariff quota of 1650 tonnes expressed in carcass weight.

Wine of fresh grapes falling within heading N° ex 22.05 of the Common Customs Tariff and originating in Algeria which is entitled to a designation of origin under Algerian law, listed in Annex B to the Additional Protocol and put up in containers holding two litres or less, shall be exempt from customs duties on importation into the Community within the limit of an annual Community tariff quota of 200 000 hectolitres.

Wine of fresh grapes falling within heading N° ex 22.05 of the Common Customs Tariff and originating in Algeria which is entitled to a designation of origin under Algerian law, listed in Annex B to the Additional Protocol and put up in containers holding two litres or less, shall be exempt from customs duties on importation into the Community within the limit of an annual Community tariff quota of 200 000 hectolitres.

In view of the amount of the countervailable subsidies found for the exporting producers located in India and in the light of the seriousness of the injury caused to the Community industry, it is considered necessary that the amounts secured by way of provisional countervailing duties on imports originating in India pursuant to Regulation (EC) No 619/1999 be definitively collected to the extent of the amount of definitive duties imposed, unless the provisional duties rates are lower in which case the latter should prevail.

On condition that Turkey applies a special export charge, reflected in the import price on rye of heading No 10.02 of the Common Customs Tariff, which is produced in Turkey and imported direct from that country into the Community, the Community shall reduce the amount of the levy on imports of this product, calculated in accordance with Article 13 of Regulation No 120/67/EEC on the common organisation of the market in cereals, by an amount equal to that of the charge paid, up to a limit of 8 units of account per metric ton.

Resale prices of US imports in the Community were substantially below the Community industry's sales prices in 1995 and 1996. The downward pressure of 17 % on the Community industry's sales prices from 1995 to 1996 occurred at the same time MEA imports from the USA almost doubled and the resale price of US imports of MEA dropped by 14% to ECU 605 per tonne, lowering the Community industry's sales price by 22 % to ECU 647 per tonne.

The Community has concluded an Agreement in the form of an exchange of letters with Canada providing for the opening of a 650000 tonne tariff quota for newsprint (order number 09.0015), 600000 tonnes of which, in accordance with Article XIII of the GATT, is reserved until 30 November of each year for products from Canada alone; the Agreement also provides for a mandatory 5 % increase in the share of the quota reserved for imports from Canada in the event of that share being exhausted before the end of a given year;

In view of the amount of the countervailable subsidies found for the exporting producers located in India and in the light of the seriousness of the injury caused to the Community industry, it is considered necessary that the amounts secured by way of provisional countervailing duties on imports originating in India pursuant to Regulation (EC) No 618/1999 be definitively collected to the extent of the amount of definitive duties imposed, unless the provisional duty rates are lower in which case the latter should prevail.

The Community industry's exports of non-refillable lighters to third countries amounted to 359 million units in the IP compared to 495 million in 1996. The overall decrease, about 27 % during the period under review, is to be seen in the context of the exports from China to markets other than the Community after the anti-dumping measures in 1995 came into force, as well as serious economic downturns suffered by certain importing third countries.

Taking into account the development of textile trade between the Parties, the degree of access of textile exports originating in the Community to Romania and the results of the multilateral trade negotiations of the Uruguay Round, provision will be made in the new Protocol for a substantial improvement of the regime applied to imports into the Community regarding import levels, growth rates, flexibility for quantitative limitations and elimination of certain quantitative limitations after a case-by-case examination.

Where the quality criteria and/or the conditions relating to processing set out in Articles 5 and 6 of this Regulation are not fulfilled, the security for import licences referred to in Article 10(a) of Regulation (EC) No 1162/95 and the additional security referred to in Article 6(2)(b) of this Regulation shall be forfeit unless the importer is able to produce a new import licence drawn on the quota administered by Commission Regulation (EC) No 2376/2002(12). In that case the security of EUR 30 for that licence shall be released only in an amount equal to EUR 22.

During the period of application of reference prices, paragraph 1 shall apply on condition that on the internal Community market the prices of citrus fruit imported from the Lebanon are, after customs clearance and allowance for the conversion factors operative for the various classes of citrus fruit and after deduction of transport costs and import charges other than customs duties, not less than the reference prices for the period in question, plus the incidence of the Common Customs Tariff on those reference prices and a fixed amount of 1,20 units of account per 100 kilogrammes.'

During the period of application of reference prices, paragraphs 1 and 2 shall apply on condition that on the internal Community market the prices of citrus fruit imported from Turkey are, after customs clearance and allowance for the conversion factors operative for the various classes of citrus fruit and after deduction of transport costs and import charges other than customs duties, not less than the reference prices for the period in question plus the incidence of the Common Customs Tariff on those reference prices and a fixed amount of 1.20 units of account per 100 kilogrammes.

If determinations, including those regarding the amount of countervailable subsidies, are based on the provisions of paragraph 1, including the information supplied in the complaint, it shall, where practicable and with due regard to the time limits of the investigation, be checked by reference to information from other independent sources which may be available, such as published price lists, official import statistics and customs returns, or information obtained from other interested parties during the investigation.

As regards the allegation of injury, it was stated in the notice of initiation that The complainant has provided evidence that imports of the product concerned from India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand have increased overall in absolute terms and in terms of market share' and furthermore that 'It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share and the level of prices charged by the Community producers, resulting in substantial adverse effect on the overall performance and the financial situation of the Community industry'.

A definitive anti-dumping duty is hereby imposed on imports of cathode-ray colour-television picture tubes with a diagonal measurement of the screen (i.e. the active part of the picture tube measured in a straight line) exceeding 33 cm but not exceeding 38 cm, with a screen width/height ratio less than 1,5, and with a pitch (i.e. the gap between two lines of the same colour at the centre of the screen) of not less than 0,4 mm, originating in India and the Republic of Korea, falling within CN code ex 8540 1111 (TARIC code 854011 11 94).

By Commission Regulation (EC) No 837/2000 ( 2 ) ('the provisional Regulation') provisional antidumping duties were imposed on imports into the Community of cathode-ray colour television picture tubes with a diagonal measurement of the screen (i.e. the active part of the picture tube measured in a straight line) exceeding 33 cm but not exceeding 38 cm, with a screen width/height ratio less than 1,5 and with a pitch (i.e. the gap between two lines of the same colour at the centre of the screen) of not less than 0,4 mm (CPTs), originating in India, Malaysia, the People's Republic of China (China) and the Republic of Korea (Korea), falling within CN code ex 8540 11 11 (TARIC code 8540 1111 94).