AVERAGE DUMPING MARGIN OF THOSE COMPANIES INVESTIGATED WHICH WERE FOUND TO HAVE BEEN DUMPING ; WHEREAS THE DUMPING MARGIN THUS ESTABLISHED WAS 6.5 % ;
WHEREAS , AS REGARDS THE INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY AND IN PARTICULAR TO THE FRENCH INDUSTRY , THE CONSIDERATIONS WHICH LED TO THE IMPOSITION OF THE PROVISIONAL DUTY REMAIN VALID ; WHEREAS FURTHER INFORMATION RECEIVED BY THE COMMISSION AFTER THE IMPOSITION OF THE PROVISIONAL DUTY SHOWED THAT DUMPED IMPORTS INTO FRANCE OF THE PRODUCT IN QUESTION , ORIGINATING IN THE UNITED STATES OF AMERICA , FOR THE FOUR MONTH PERIOD FROM JUNE TO SEPTEMBER 1980 AMOUNTED TO 206 835 TONNES , EXCLUDING 21 600 TONNES OF THE PRODUCT EXPORTED BY AGRICO CHEMICAL COMPANY AND DEEMED NOT TO HAVE BEEN DUMPED , COMPARED TO 137 950 TONNES FOR THE SAME PERIOD IN 1979 , REPRESENTING AN INCREASE OF AT LEAST 50 % ;
WHEREAS , ALTHOUGH THERE WAS A CONSIDERABLE INCREASE IN THE PRICE OF US EXPORTS DURING 1980 , THE RESALE PRICE OF IMPORTED NITROGEN SOLUTION FERTILIZER IN FRANCE STILL DOES NOT PERMIT FRENCH PRODUCERS TO SELL THEIR PRODUCT AT ABOVE COST OWING TO A FURTHER INCREASE IN FEEDSTOCK PRICES IN AUGUST 1980 ;
WHEREAS THE COMMISSION ALSO FOLLOWED UP TO CONTENTION OF VARIOUS EXPORTERS AND IMPORTERS THAT THE FRENCH INDUSTRY WAS WORKING AT FULL CAPACITY BUT WAS CONCENTRATING PRIMARILY ON SOLID NITROGEN FERTILIZER AND WAS THEREFORE UNABLE TO PRODUCE MORE NITROGEN SOLUTION ; WHEREAS THE FACTS AS ESTABLISHED BY THE COMMISSION SHOW THAT THE FRENCH INDUSTRY COULD SIGNIFICANTLY INCREASE ITS PRODUCTION OF SOLUTION EVEN IF PRESENT OUTPUT OF SOLID NITROGEN FERTILIZER WAS MAINTAINED ;
WHEREAS THE COMMISSION HAS CONSIDERED WHETHER THERE IS INJURY CAUSED BY OTHER FACTORS WHICH , INDIVIDUALLY OR IN COMBINATION , ARE ALSO AFFECTING THE COMMUNITY INDUSTRY ; WHEREAS IT HAS ESTABLISHED IN THIS CONTEXT THAT THE LEVEL OF CONSUMPTION OF NITROGEN SOLUTION FERTILIZER IN GERMANY AND ESPECIALLY IN FRANCE , THE MAIN OUTLETS FOR US EXPORTS IN THE COMMUNITY , HAS CONSIDERABLY INCREASED IN RECENT YEARS ; WHEREAS , MOREOVER , THE VOLUME OF NON-DUMPED IMPORTS FROM AGRICO CHEMICAL COMPANY WAS RELATIVELY SMALL COMPARED TO TOTAL IMPORTS , AND REPRESENTED LESS THAN 17 % THEREOF IN 1980 ; WHEREAS THE INFLUENCE OF THESE NON-DUMPED IMPORTS ON THE NITROGEN SOLUTION FERTILIZER MARKET HAS BEEN ISOLATED FROM THE DUMPED IMPORTS ; WHEREAS THE SUBSTANTIAL AND SUDDEN INCREASE IN IMPORTS OF DUMPED NITROGEN SOLUTION FERTILIZER SINCE 1978 AND THE PRICES AT WHICH THEY WERE OFFERED FOR SALE IN THE COMMUNITY LED THE COMMISSION TO DETERMINE THAT THE US EXPORTS OF DUMPED NITROGEN SOLUTION FERTILIZER HAVE CAUSED MATERIAL INJURY TO THE COMMUNITY INDUSTRY CONCERNED ;
WHEREAS , IN THESE CIRCUMSTANCES , PROTECTION OF THE COMMUNITY ' S INTERESTS CALLS FOR COMMUNITY INTERVENTION ;
WHEREAS ALLIED CHEMICAL CORPORATION , KAISER ALUMINUM DOMESTIC AND INTERNATIONAL SALES CORPORATION , COLUMBIA NITROGEN CORPORATION , BCM INCORPORATED , INTERNATIONAL ORE AND FERTILIZER CORPORATION , INTERORE AND CORPORATION INC . AND TRANSCONTINENTAL FERTILIZER CORPORATION HAVE