TO TRANSPORT , PAYMENT TERMS AND SELLING COSTS ;
WHEREAS , WITH RESPECT TO SPECIFIC COMPANIES INVESTIGATED , THE PRELIMINARY RESULTS WERE AS FOLLOWS :
// COMPANY // WEIGHTED AVERAGE DUMPING MARGIN //
- ALLIED CORPORATION // 12.2 % //
- DOW CHEMICAL COMPANY // 13.0 % //
- ICC INDUSTRIES INC . // 10.5 % //
- MONSANTO COMPANY // 9.7 % //
- SHELL CHEMICAL COMPANY // 8.8 % //
- US STEEL CORPORATION // 19.9 % //
- GEORGIA PACIFIC CORPORATION // 0 //
WHEREAS , FOR THOSE EXPORTERS WHO NEITHER REPLIED TO THE COMMISSION ' S QUESTIONNAIRE NOR MADE THEMSELVES KNOWN OTHERWISE IN THE COURSE OF THE PRELIMINARY INVESTIGATION , DUMPING WAS DETERMINED ON THE BASIS OF THE FACTS AVAILABLE ; WHEREAS , IN THIS CONTEXT , IT HAD TO BE BORNE IN MIND THAT THE COMPLAINT ALLEGED DUMPING MARGINS VARYING FROM 25 TO 32 % ; WHEREAS , HOWEVER , THE COMMISSION CONSIDERED THAT THE RESULTS OF ITS INVESTIGATION PROVIDED A MORE ACCURATE DETERMINATION OF THE LEVEL OF DUMPING AND THAT FURTHERMORE IT WOULD CONSTITUTE A BONUS FOR NON-COOPERATION TO ASSUME THAT THE DUMPING MARGIN FOR THESE EXPORTERS WAS ANY LOWER THAN THE HIGHEST DUMPING MARGIN OF 19.9 % DETERMINED WITH REGARD TO AN EXPORTER WHO HAD FULLY COOPERATED ;
WHEREAS , WITH REGARD TO THE INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY INDUSTRY , THE EVIDENCE AVAILABLE TO THE COMMISSION DURING THE PRELIMINARY INVESTIGATION SHOWED THAT TOTAL IMPORTS OF US PHENOL INTO THE COMMUNITY INCREASED FROM APPROXIMATELY 61 088 TONNES IN 1978 TO APPROXIMATELY 71 573 TONNES IN 1980 ; WHEREAS IT WAS SHOWN THAT THE MAJORITY OF THE IMPORTS DURING THE INVESTIGATION PERIOD WERE MADE AT DUMPED PRICES ;
WHEREAS THE MARKET SHARE OF THESE DUMPED IMPORTS IN THE COMMUNITY WAS APPROXIMATELY 8 % IN 1980 ;
WHEREAS , ALTHOUGH SOME OF THE IMPORTERS CONCERNED WERE NOT WILLING TO PROVIDE INFORMATION TO THE COMMISSION , THE COMMISSION WAS ABLE IN THE MAJORITY OF CASES TO VERIFY THE RESALE PRICES OF PHENOL IMPORTED AT DUMPED PRICES AND TO CONCLUDE THEREFROM THAT THE SELLING PRICES OF THE COMMUNITY INDUSTRY HAD STEADILY FALLEN IN 1980 ; WHEREAS THERE WAS EVIDENCE THAT CUSTOMERS HAD CANCELLED THEIR CONTRACTS WITH THE COMMUNITY INDUSTRY OR HAD CONSIDERABLY REDUCED THEIR PURCHASES THEREFROM IN ORDER TO BUY DUMPED MATERIAL FROM THE UNITED STATES , THUS FURTHER DEPRESSING THE EEC PRODUCERS ' PRICES ; WHEREAS NEARLY ALL THE COMMUNITY INDUSTRY HAS SUFFERED HEAVY LOSSES IN 1980 OR GREATLY REDUCED PROFITS ;
WHEREAS PRODUCTION OF PHENOL IN THE COMMUNITY FELL FROM 944 639 TONNES IN 1978 TO 824 003 TONNES IN 1980 AND CAPACITY UTILIZATION FELL FROM 72 % IN 1978 TO 59 % IN 1980 ;
WHEREAS THE COMMISSION HAS CONSIDERED THE INJURY CAUSED BY OTHER FACTORS WHICH , INDIVIDUALLY OR IN COMBINATION , MAY ALSO BE AFFECTING THE COMMUNITY INDUSTRY ; WHEREAS IT WAS DETERMINED THAT THE LEVEL OF DEMAND AND CONSUMPTION IN THE COMMUNITY REMAINED RELATIVELY STABLE ; WHEREAS