CONCERNED SO AS TO ENSURE THAT THE COMPARISON COVERED A REPRESENTATIVE PERIOD ;
WHEREAS , AFTER DISCUSSION AND BY AGREEMENT WITH THE COMPANIES CONCERNED , SALES TO CERTAIN CUSTOMERS WERE CONSIDERED AS BEING REPRESENTATIVE FOR THE PURPOSE OF CALCULATING THE NORMAL VALUE ; WHEREAS , HOWEVER , CERTAIN SALES WERE EXCLUDED FROM THIS CALCULATION AS THEY WERE NOT CONSIDERED AS HAVING BEEN MADE IN THE ORDINARY COURSE OF TRADE AND DID NOT PERMIT A PROPER COMPARISON , SINCE THEY INVOLVED SPECIAL PROCESSING ARRANGEMENTS ; WHEREAS THE PRICES CHARGED BY SOME OF THE COMPANIES VISITED TO THEIR LARGEST CUSTOMER COULD NOT BE COMPARED BECAUSE OF THE QUANTITIES INVOLVED AND WERE , THEREFORE , ADJUSTED TO THE LEVEL OF PRICES CHARGED TO THEIR AMERICAN CUSTOMERS WHOSE ANNUAL REQUIREMENTS COULD BE COMPARED WITH THE ANNUAL REQUIREMENTS OF THE LARGEST CUSTOMER IN THE COMMUNITY ;
WHEREAS EXPORT PRICES WERE DETERMINED FOR THE SAME PERIOD ON THE BASIS OF PRICES ACTUALLY PAID OR PAYABLE FOR THE PRODUCT CONCERNED SOLD FOR EXPORT TO THE COMMUNITY ;
WHEREAS THE COMPARISONS WERE MADE ON A MONTH-BY-MONTH , TRANSACTION-BY-TRANSACTION , EX-FACTORY OR , WHERE APPLICABLE , FOB BASIS FOR ALL OF THE COMPANIES INVESTIGATED ;
WHEREAS , WHERE APPROPRIATE AND WHERE ALLEGATIONS IN THESE AREAS WERE SATISFACTORILY ESTABLISHED , THE COMMISSION ALSO TOOK ACCOUNT OF MAJOR DIFFERENCES AFFECTING PRICE COMPARABILITY WHICH AROSE BECAUSE OF VARIABLE DISTRIBUTION AND SELLING COSTS AND OF PAYMENT TERMS ;
WHEREAS , SUBSEQUENT TO THE ESTABLISHMENT OF ORAL CONTACTS , CERTAIN COMPANIES SUBMITTED DETAILED INFORMATION ON CERTAIN SECONDARY COST ITEMS , WHICH THEY SAID DIFFERED ONLY MARGINALLY FROM INFORMATION PREVIOUSLY SUBMITTED BY THEM ; WHEREAS THIS INFORMATION HAS NOT BEEN TAKEN INTO CONSIDERATION BECAUSE THE COMMISSION HAS BEEN UNABLE TO VERIFY IT ;
WHEREAS THE EXAMINATION SHOWS THAT EXPORTS DURING THE INVESTIGATION PERIOD WERE DUMPED ; WHEREAS THE WIEGHTED AVERAGE DUMPING MARGINS WERE 12.20 % IN THE CASE OF UNION CARBIDE CORPORATION , 12.94 % IN THAT OF CELANESE CHEMICAL COMPANY , INC ., 2.63 % IN THAT OF GANTRADE CORPORATION , AND 14.27 % IN THAT OF PHILLIPS PETROLEUM COMPANY ;
WHEREAS , IN THE CASE OF BROKERS AND EXPORTERS WHO WERE EITHER UNKNOWN TO THE COMMISSION OR WHO DECIDED NOT TO COOPERATE , IT WAS NOT POSSIBLE TO ESTABLISH THAT THE DUMPING MARGIN WAS LESS THAN 14.27 % ;
WHEREAS , WITH REGARD TO THE INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY , THE CONSIDERATIONS WHICH LED TO THE INTRODUCTION OF THE PROVISIONAL DUTY REMAIN VALID ;
WHEREAS FURTHER INFORMATION RECEIVED BY THE COMMISSION AFTER THE INTRODUCTION OF THE PROVISIONAL DUTY SHOWED THAT IMPORTS INTO THE COMMUNITY OF THE PRODUCT IN QUESTION INCREASED FROM 33 894 TONNES FOR THE WHOLE OF 1979 TO 40 665 TONNES IN THE FIRST HALF OF 1980 AND TO 55 415 TONNES IN THE FIRST THREE-QUARTERS OF 1980 , I.E . AN ANNUAL INCREASE OF APPROXIMATELY 101 % ;
WHEREAS THE SHARE OF THE FREE , I.E . NON-CAPTIVE , VINYL ACETATE MARKET HELD BY US