, THEREFORE , THE FACTS AS FINALLY ESTABLISHED SHOW THAT , DUE CONSIDERATION HAVING BEEN GIVEN TO THE OTHER FACTORS HAVING A BEARING ON THE SITUATION OF THIS INDUSTRY , FOR EXAMPLE , THE DECLINE OF EXPORTS TO COUNTRIES OUTSIDE THE COMMUNITY , THE DUMPED IMPORTS ARE TO COUNTRIES OUTSIDE THE COMMUNITY , THE DUMPED IMPORTS ARE CAUSING OR THREATENING TO CAUSE MATERIAL INJURY TO THE COMMUNIT INDUSTRY CONCERNED ;
WHEREAS , IN THESE CIRCUMSTANCES , PROTECTION OF THE COMMUNITY ' S INTERESTS CALLS FOR THE DEFINITIVE COLLECTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY IN RESPECT OF LITHIUM HYDROXIDE ORIGINATING IN THE UNITED STATES OF AMERICA AND THE SOVIET UNION AND FOR THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY ; WHEREAS THE AMOUNT OF THIS DUTY SHOULD CORRESPOND TO THE AMOUNT BY WHICH IMPORT PRICES INTO THE COMMUNITY FALL BELOW THE LOWEST NORMAL VALUE FOR THE EXPORTERS INVOLVED ADJUSTED TO A FREE-AT-COMMUNITY-FRONTIER BASIS ;
WHEREAS IN ORDER TO AVOID EVASION OF THE ANTI-DUMPING DUTY , IT IS NECESSARY TO PROVIDE THAT , WHERE LITHIUM HYDROXIDE IS NOT RELEASED FOR CONSUMPTION BY THE FIRST PURCHASER IN THE COMMUNITY , THERE IS AN ALTERNATIVE PROCEDURE FOR THE CALCULATION OF THE DUTY ;
WHEREAS ONE OF THE AMERICAN EXPORTERS , FOOTE MINERAL COMPANY , VOLUNTARILY UNDERTOOK , PRIOR TO THE IMPOSITION OF THE PROVISIONAL DUTY , TO INCREASE ITS PRICES TO LEVELS WHICH WERE CONSIDERED SATISFACTORY ; WHEREAS THIS UNDERTAKING WAS ACCEPTED BY THE COMMISSION , WHICH ACCORDINGLY DECIDED TO TERMINATE THE PROCEDURE CONCERNING THIS COMPANY AND TO EXCLUDE IT FROM THE APPLICATION OF THE PROVISIONAL DUTY ; WHEREAS THIS SAME COMPANY HAS MEANWHILE OFFERED TO BRING ITS UNDERTAKING INTO LINE WITH THE LATEST PRICE LEVEL ON THE AMERICAN MARKET ; WHEREAS THIS NEW UNDERTAKING HAS BEEN ACCEPTED BY THE COMMISSION AND CONSEQUENTLY THIS COMPANY REMAINS EXCLUDED FROM THE APPLICATION OF THE DUTY ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . A DEFINITIVE ANTI-DUMPING DUTY IS HEREBY IMPOSED ON LITHIUM HYDROXIDE FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING 28.28 B AND CORRESPONDING TO NIMEXE CODE 28.28-10 , ORIGINATING IN THE UNITED STATES OF AMERICA AND THE SOVIET UNION . THIS DUTY SHALL NOT APPLY TO LITHIUM HYDROXIDE MANUFACTURED AND EXPORTED BY FOOTE MINERAL COMPANY , USA .
THE PROVISIONS IN FORCE CONCERNING CUSTOMS DUTIES SHALL APPLY TO THIS DUTY .
2 . WITHOUT PREJUDICE TO PARAGRAPH 5 , THE AMOUNT OF THIS DUTY SHALL BE EQUAL TO THE AMOUNT PER LB BY WHICH THE FREE-AT-COMMUNITY-FRONTIER PRICE , BEFORE DUTY , TO THE FIRST PURCHASER , IS LESS THAN THE NORMAL VALUE AS DEFINED IN PARAGRAPH 3 .
3 . FOR THE PURPOSES OF THIS REGULATION , THE NORMAL VALUE OF LITHIUM HYDROXIDE ORIGINATING IN THE UNITED STATES OF AMERICA AND THE SOVIET UNION , ADJUSTED TO A FREE-AT-COMMUNITY-FRONTIER BASIS , BEFORE DUTY , SHALL BE US DOLLARS 1.59 PER LB .
4 . THE NORMAL VALUE AS REFERRED TO IN PARAGRAPH 3 SHALL BE NET IF THE CONDITIONS OF