COMMUNITY PRODUCERS TO ENABLE THEM TO EARN A 12 % PROFIT WAS THEN EXPRESSED AS A PERCENTAGE OF THE PRICE AT THE FRONTIER . THIS CALCULATION GAVE A PRICE INCREASE OF 15,8 % AT THE FRONTIER .
ACCORDINGLY, AND IN ORDER THAT THE INJURIOUS EFFECT OF THE DUMPED IMPORTS BE ELIMINATED, IT WAS CONSIDERED APPROPRIATE THAT THE AMOUNT OF PROVISIONAL DUTY TO BE IMPOSED SHOULD BE 15,8 % FOR THE EXPORTS OF ALL COMPANIES FOR WHOM A DUMPING MARGIN EQUAL TO OR HIGHER THAN THIS PERCENTAGE HAD BEEN FOUND . FOR THE REMAINING COMPANIES THE PROVISIONAL ANTI-DUMPING DUTY SHOULD EQUAL THE DUMPING MARGIN ESTABLISHED .
( 113 ) THE PROVISIONAL ANTI-DUMPING DUTY TO BE IMPOSED SHALL APPLY TO ALL MODELS OF PLAIN PAPER COPIERS FROM JAPAN WITH THE EXCEPTION OF THOSE MACHINES CLASSIFIED IN DATAQUEST SEGMENTS 5 AND 6 . TO DETERMINE THE PLAIN PAPER COPIERS TO WHICH PROVISIONAL DUTIES SHALL APPLY, THE APPROPRIATE CRITERION IS MACHINE SPEED, SINCE MONTHLY COPY VOLUME IS NOT A CRITERION WHICH CAN BE APPLIED CONVENIENTLY BY CUSTOMS AUTHORITIES . THERE IS A SLIGHT OVERLAP BETWEEN THE MACHINE SPEED RANGE OF SEGMENT 4 COPIERS ( 40 TO 75 COPIES PER MINUTE OF A4 SIZE PAPER ) AND THOSE OF SEGMENT 5 COPIERS AND ABOVE ( 70 COPIES PER MINUTE OR MORE OF A4 SIZE PAPER ). SINCE, HOWEVER, IN THE REFERENCE PERIOD THERE WERE NO JAPANESE EXPORTS OF SEGMENT 4 COPIERS WITH A MACHINE SPEED IN THE RANGE 70 TO 75 COPIES PER MINUTE, THE LOWER MACHINE SPEED CRITERION FOR SEGMENT 5 COPIERS CAN BE RETAINED AS A CUT-OFF POINT . ACCORDINGLY, PROVISIONAL ANTI-DUMPING DUTIES SHALL NOT BE APPLIED ON ALL PLAIN PAPER COPIERS FROM JAPAN HAVING THE CAPACITY TO OPERATE AT A COPY SPEED OF 70 OR MORE COPIES PER MINUTE OF A4 SIZE PAPER .
( 114 ) ALL THE FINDINGS MADE FOR THE PURPOSES OF THIS REGULATION ARE PROVISIONAL, AND MAY HAVE TO BE RECONSIDERED FOR THE PURPOSES OF ANY DEFINITIVE DUTY WHICH THE COMMISSION MAY PROPOSE,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . A PROVISIONAL ANTI-DUMPING DUTY IS HEREBY IMPOSED ON IMPORTS OF PHOTOCOPYING APPARATUS INCORPORATING AN OPTICAL SYSTEM FALLING WITHIN SUBHEADING 90.10 A OF THE COMMON CUSTOMS TARIFF, CORRESPONDING TO NIMEXE CODE 90.10-22 AND ORIGINATING IN JAPAN .
2 . THE RATE OF DUTY SHALL BE 15,8 % OF THE NET FREE-AT-COMMUNITY-FRONTIER PRICE BEFORE DUTY, WITH THE EXCEPTION OF IMPORTS OF THE PRODUCTS
SPECIFIED IN PARAGRAPH 1 OF THIS ARTICLE WHICH ARE MANUFACTURED AND EXPORTED BY THE FOLLOWING COMPANIES, THE RATES OF DUTY APPLICABLE TO WHICH ARE SET OUT BELOW :
_ COPYER COMPANY LTD, TOKYO : 7,2 %
_ MITA INDUSTRIAL COMPANY, OSAKA : 13,7 %
_ TOSHIBA CORPORATION, TOKYO : 15,3 %.
3 . THE DUTY SPECIFIED IN THIS ARTICLE SHALL NOT APPLY TO THOSE PRODUCTS DESCRIBED IN PARAGRAPH 1 WHICH HAVE THE CAPACITY TO OPERATE AT A SPEED OF 70 COPIES PER MINUTE OR MORE OF A4 SIZE PAPER .
4 . THE PROVISIONS IN