IT SHOULD NOT BE OBLIGED TO PAY THE PROVISIONAL DUTY UNTIL THE COURT HAS GIVEN JUDGMENT ON THE MAIN APPLICATION , ON CONDITION THAT IT PROVIDES A BANK GUARANTEE EQUIVALENT TO THE AMOUNT OF THAT DUTY . THUS THE PURPOSE OF ITS APPLICATION IS TO OBTAIN THE BENEFIT OF THE GUARANTEE NOT ONLY DURING THE PERIOD OF VALIDITY OF THE PROVISIONAL ANTI-DUMPING DUTY , AS PROVIDED FOR IN ARTICLE 1 ( 4 ) OF REGULATION NO 2800/86 IN ACCORDANCE WITH ARTICLE 11 ( 1 ) OF THE BASIC REGULATION ON ANTI-DUMPING , REGULATION NO 2176/84 , BUT ALSO DURING THE SUBSEQUENT PERIOD BEFORE THE COURT GIVES ITS JUDGMENT ON THE MAIN APPLICATION , THAT IS TO SAY EVEN DURING THE PERIOD OF VALIDITY OF ANY DEFINITIVE ANTI-DUMPING DUTY WHICH MIGHT BE IMPOSED BY THE COUNCIL IN JANUARY 1987 .
21 SINCE THE REGULATION CONTESTED IN THE MAIN ACTION IS ITSELF A PROVISIONAL MEASURE FORMING PART OF THE PROCEDURE LAID DOWN BY COUNCIL REGULATION NO 2176/84 , SUCH AN APPLICATION FOR INTERIM MEASURES MUST BE EXAMINED IN THE LIGHT OF THE PROCEDURE LAID DOWN IN THAT REGULATION .
22 ARTICLES 11 AND 12 OF REGULATION NO 2176/84 PROVIDE THAT A PROVISIONAL ANTI-DUMPING DUTY IS TO BE IMPOSED IN TWO STAGES .
23 ARTICLE 11 ( 1 ) PROVIDES THAT , WHERE PRELIMINARY EXAMINATION SHOWS THAT DUMPING EXISTS AND THAT THERE IS SUFFICIENT EVIDENCE OF INJURY CAUSED THEREBY AND THE INTERESTS OF THE COMMUNITY CALL FOR INTERVENTION TO PREVENT INJURY BEING CAUSED DURING THE PROCEEDING , THE COMMISSION , ACTING AT THE REQUEST OF A MEMBER STATE OR ON ITS OWN INITIATIVE , SHALL IMPOSE A PROVISIONAL ANTI-DUMPING DUTY . IN SUCH CASES , RELEASE OF THE PRODUCTS CONCERNED FOR FREE CIRCULATION IN THE COMMUNITY IS TO BE CONDITIONAL UPON THE PROVISION OF SECURITY FOR THE AMOUNT OF THE PROVISIONAL DUTY . ACCORDING TO ARTICLE 11 ( 5 ), SUCH PROVISIONAL DUTIES ARE TO HAVE A MAXIMUM PERIOD OF VALIDITY OF FOUR MONTHS WHICH MAY BE EXTENDED ON CERTAIN CONDITIONS FOR A FURTHER PERIOD OF TWO MONTHS .
24 ARTICLE 12 ( 2 ) ( A ) PROVIDES THAT , WHERE A PROVISIONAL DUTY HAS BEEN APPLIED , THE COUNCIL SHALL DECIDE , IRRESPECTIVE OF WHETHER A DEFINITIVE ANTI-DUMPING DUTY IS TO BE IMPOSED , WHAT PROPORTION OF THE PROVISIONAL DUTY IS TO BE DEFINITIVELY COLLECTED ; ACCORDING TO ARTICLE 12 ( 2 ) ( B ), THE DEFINITIVE COLLECTION OF SUCH AMOUNT SHALL NOT BE DECIDED UPON UNLESS THE FACTS AS FINALLY ESTABLISHED SHOW THAT THERE HAS BEEN DUMPING AND INJURY OR THREAT OF MATERIAL INJURY WHICH WOULD , IN THE ABSENCE OF PROVISIONAL MEASURES , HAVE DEVELOPED INTO MATERIAL INJURY . IN THIS CASE THE COUNCIL WILL HAVE TO ADOPT A DECISION BEFORE 11 JANUARY 1987 OR , IF THE PERIOD OF VALIDITY IS EXTENDED , BEFORE 11 MARCH 1987 .
25 THE PROCEDURE LAID DOWN BY THE REGULATION THEREFORE IMPLIES THAT THE COUNCIL WILL SHORTLY HAVE TO DECIDE BOTH