THE INTERESTS OF THE COMMUNITY CALLED FOR IMMEDIATE INTERVENTION , THE COMMISSION BY REGULATION ( EEC ) NO 2297/80 ( 3 ) IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA ;
WHEREAS , SUBSEQUENTLY , THE COMMISSION BY REGULATION ( EEC ) NO 2695/80 ( 4 ) EXCLUDED MACFIELD TEXTURING INC ., AND UNIFI INCORPORATED FROM THE SCOPE OF THE PROVISIONAL DUTY ;
WHEREAS , MOREOVER THE COMMISSION BY REGULATION ( EEC ) NO 2843/80 ( 5 ) SUBSEQUENTLY EXCLUDED IMPORTS OF SEWING THREAD COMPOSED OF MULTIPLE OR CABLED YARN FROM THE ANTI-DUMPING PROCEDURE CONCERNING IMPORTS OF CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA ;
WHEREAS , IN THE COURSE OF THE SUBSEQUENT EXAMINATION OF THE MATTER COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL ANTI-DUMPING DUTY , THE INTERESTED PARTIES HAD THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING , TO BE HEARD BY THE COMMISSION AND ORALLY TO DEVELOP THEIR VIEWS , TO INSPECT NON-CONFIDENTIAL INFORMATION RELEVANT TO THE DEFENCE OF THEIR INTERESTS AND TO BE INFORMED OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT WAS INTENDED TO MAKE A FINAL DETERMINATION ; WHEREAS THE COMMUNITY PRODUCERS AND SOME OF THE AMERICAN PRODUCERS AND EXPORTERS AND SOME IMPORTERS AVAILED THEMSELVES OF THESE POSSIBILITIES BY MAKING KNOWN THEIR VIEWS IN WRITING OR ORALLY ; WHEREAS THE COMMISSION ALSO CARRIED OUT FURTHER INVESTIGATIONS IN THE UNITED STATES OF AMERICA AT THE OFFICES OF BURLINGTON INC ., GREENSBORO , NORTH CAROLINA ; CARTER MOORE AND CO . INC ., NEW YORK , NY ; COLLINS AND AIKMAN CORP ., GRAHAM , NORTH CAROLINA ; E . I . DU PONT DE NEMOURS AND COMPANY , WILMINGTON , DELAWARE ; MEYERS FIBERS COMPANY , WILLOW GROVE , PENNSYLVANIA ; SPECTRUM INC ., KINGS MOUNTAIN , NORTH CAROLINA ; TITAN TEXTILE INC ., PATTERSON , NEW JERSEY AND UNI-TEX INTERNATIONAL , NEW YORK , NY ;
WHEREAS IN SO FAR AS NON-TEXTURED YARN IS CONCERNED , FOR THE PURPOSE OF A FINAL DETERMINATION AS TO WHETHER DUMPING EXISTED , THE COMMISSION COMPARED THE EXPORT PRICES TO THE COMMUNITY DURING THE INVESTIGATION PERIOD WHICH LASTED FROM 1 MAY 1979 TO 30 APRIL 1980 , OF BURLINGTON INC ., E . I . DU PONT DE NEMOURS AND COMPANY AND MEYERS FIBERS COMPANY EITHER WITH THE DOMESTIC PRICES ON THE US MARKET OR THE CONSTRUCTED VALUE , WHERE SALES WERE MADE AT A LOSS OR WHERE THERE WERE NO SALES OF A LIKE PRODUCT ON THE DOMESTIC MARKET ; WHEREAS THE CONSTRUCTED VALUE WAS ESTABLISHED BY USING THE COST OF PRODUCTION OF THE PRODUCERS IN QUESTION AND INCLUDING A 3 % PROFIT MARGIN CONSIDERED TO BE REASONABLE ; WHEREAS ACCOUNT WAS TAKEN , WHERE APPROPRIATE OF DIFFERENCES AFFECTING PRICE COMPARABILITY , SUCH AS DIFFERENCES IN FREIGHT CHARGES AND DIFFERENCES IN PAYMENT TERMS ; WHEREAS ON THE ABOVE BASIS , IT WAS FINALLY ESTABLISHED THAT THERE WAS NO EVIDENCE OF DUMPING