REGARD TO AMERICAN EXPORTS OF TEXTURED YARN OTHER THAN FROM THOSE COMPANIES CITED ABOVE , THE COMMISSION HAD TO TAKE INTO ACCOUNT THE STATEMENT OF THE COMPLAINANT THAT SUCH EXPORTS WERE BOTH OF PRODUCTS MANUFACTURED BY INTEGRATED PRODUCERS , I.E . THOSE PRODUCING NON-TEXTURED YARN AND SUBSEQUENTLY TEXTURING IT , WHO WERE SELLING THIS PRODUCT IN THE UNITED STATES OF AMERICA AT PRICES BELOW ITS COST OF PRODUCTION , AND ALSO OF PRODUCTS MANUFACTURED BY INDEPENDENT TEXTURERS ; WHEREAS , IN THE ABSENCE OF ANY COOPERATION FROM THE EXPORTERS CONCERNED , THE COMMISSION ASSUMED , FOR THE PURPOSES OF ESTABLISHING AN AVERAGE DUMPING MARGIN , THAT EQUAL AMOUNTS OF THE EXPORTS IN QUESTION WERE MANUFACTURED BY INTEGRATED AND INDEPENDENT PRODUCERS ;
WHEREAS INTEGRATED PRODUCERS EITHER REFUSED TO DIVULGE ANY ELEMENTS OF THEIR COST OF PRODUCTION OR STATED THAT THEY DID NOT EXPORT DIRECTLY TO THE COMMUNITY OR DID NOT MAKE THEMSELVES KNOWN TO THE COMMISSION ;
WHEREAS , IN THESE CIRCUMSTANCES , THE COMMISSION HAD TO BASE ITS FINAL DETERMINATION REGARDING EXPORTS OF TEXTURED YARN PRODUCED BY THESE MANUFACTURERS ON THE INFORMATION AVAILABLE , I.E . THAT CONTAINED IN THE COMPLAINT ; WHEREAS IT CONSEQUENTLY CONCLUDED THAT THE SALES OF THESE MANUFACTURERS ON THE DOMESTIC MARKET WERE MADE AT A LOSS DURING THE INVESTIGATION PERIOD ;
WHEREAS , THEREFORE , THE COMMISSION CONSIDERED THESE SALES AS NOT HAVING BEEN MADE IN THE ORDINARY COURSE OF TRADE AND ESTABLISHED A CONSTRUCTED VALUE USING AVAILABLE INFORMATION FOR NON-TEXTURED YARN SUPPLIED BY THE COMPLAINANTS ; WHEREAS THIS INFORMATION CONSISTED OF THE COSTS OF MATERIALS , MANUFACTURE AND OVERHEADS AND INCLUDED A 3 % PROFIT MARGIN CONSIDERED REASONABLE ;
WHEREAS THE CONSTRUCTED VALUE WAS COMPARED AT FOB LEVEL WITH THE EXPORT PRICES FOR SHIPMENTS TO THE EEC DURING THE INVESTIGATION PERIOD AS ESTABLISHED DURING INVESTIGATIONS WITH MAJOR EXPORTERS OF TEXTURED YARN ;
WHEREAS THE DUMPING MARGIN FINALLY ESTABLISHED FOR ALL EXPORTS OF TEXTURED YARN CONSIDERED TO HAVE BEEN PRODUCED BY INTEGRATED COMPANIES IS 23.1 % ;
WHEREAS , WITH REGARD TO EXPORTS CONSIDERED TO HAVE BEEN MANUFACTURED BY INDEPENDENT TEXTURERS WHO ARE EITHER UNKNOWN TO THE COMMISSION OR WHO HAVE NOT COOPERATED FULLY IN THE INVESTIGATION , THE AVERAGE DUMPING MARGIN OF 9.6 % RESULTING FROM THE PRELIMINARY INVESTIGATION AND NEVER SUBSEQUENTLY CONTESTED IS CONSIDERED TO BE FINALLY ESTABLISHED ;
WHEREAS , THE AVERAGE DUMPING MARGIN FOR TEXTURED YARN OTHER THAN FOR THOSE COMPANIES NAMED IN THE PRECEDING RECITALS , HAVING TAKEN INTO ACCOUNT THE ABOVEMENTIONED FACTORS , IS FINALLY ESTABLISHED AS 16.4 % ;
WHEREAS , WITH REGARD TO THE INJURY CAUSED TO THE COMMUNITY INDUSTRY THE COMMISSION HAD TO TAKE INTO CONSIDERATION THE FACT THAT , ALTHOUGH THE PRODUCT FOUND TO HAVE BEEN DUMPED IS CLASSIFIED EITHER AS NON-TEXTURED OR TEXTURED YARN , FOLLOWING RECENT CHANGES IN THE TECHNOLOGY EMPLOYED FOR THE PRODUCTION OF POLYESTER FILAMENT YARN , A LARGE PROPORTION OF THE YARN IMPORTED INTO THE EEC IS PARTIALLY ORIENTED YARN ( POY ), WHICH PRODUCT IS AT AN INTERMEDIARY STAGE