PRICES OF CAST IRON JOINTS TO THE COMMUNITY IN THE PERIOD 1 SEPTEMBER 1979 TO 31 OCTOBER 1980 WITH THE WEIGHTED AVERAGE PRICES RULING ON THE BRAZILIAN DOMESTIC MARKET ; WHEREAS THESE COMPARISONS WERE MADE AT EX-FACTORY LEVEL ;
WHEREAS , SINCE THE MARGINS OF DUMPING VARY CONSIDERABLY DEPENDING ON THE TYPE OF JOINT , WEIGHTED AVERAGE MARGINS HAD TO BE ESTABLISHED ;
WHEREAS THE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THE EXISTENCE OF DUMPING IN RESPECT OF IMPORTS OF THE PRODUCTS IN QUESTION ORIGINATING IN BRAZIL , THE MARGIN OF DUMPING RECORDED IN THE LATTER MONTHS OF THE EXPORT PERIOD COVERED BY THE COMMISSION ' S INVESTIGATION HAVING BEEN AS FOLLOWS : 5.8 % FOR EXPORTS TO ITALY , 14.4 % FOR EXPORTS TO FRANCE , 8.5 % FOR EXPORTS TO BELGIUM AND 9.6 % FOR EXPORTS TO GERMANY ;
WHEREAS , WITH REGARD TO THE INJURY CAUSED TO THE COMMUNITY INDUSTRY , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT THE MARKET SHARE OF IMPORTS FROM BRAZIL IN THE COMMUNITY INCREASED FROM 2 % IN 1976 TO 5 % IN 1979 ; WHEREAS DURING THE SAME PERIOD THE SHARE OF IMPORTS FROM BRAZIL IN THE MARKET IN ITALY , THE MEMBER STATE MOST AFFECTED BY THESE IMPORTS , ROSE FROM 2 % TO 9 % ;
WHEREAS THE RESALE PRICES OF THE PRODUCTS IMPORTED FROM BRAZIL ARE APPROXIMATELY 20 % LOWER THAN THOSE OF THE COMMUNITY PRODUCERS MOST AFFECTED , NAMELY THE ITALIAN PRODUCERS ;
WHEREAS THE COMMUNITY INDUSTRY HAS EXPERIENCED A DROP IN PRODUCTION FROM APPROXIMATELY 62 000 TONNES IN 1977 TO APPROXIMATELY 58 300 TONNES IN 1979 , UNDER-UTILIZATION OF ITS CAPACITY , A FALL IN ITS SHARE OF THE EUROPEAN MARKET OVER THE SAME PERIOD FROM 71 % TO 62 % AND A REDUCTION IN PROFITS OR THE EMERGENCE OF LOSSES ;
WHEREAS INJURIES CAUSED BY OTHER FACTORS WHICH COULD ADVERSELY AFFECT THE COMMUNITY INDUSTRY , SUCH AS THE VOLUME AND PRICES OF OTHER IMPORTS , FROM JAPAN AND TAIWAN IN PARTICULAR , OR THE OVERALL DEMAND FOR MALLEABLE CAST IRON JOINTS , HAVE BEEN EXAMINED AND ANY ADVERSE EFFECTS CAUSED BY THESE FACTORS HAVE NOT BEEN ATTRIBUTED TO THE DUMPED IMPORTS , WHICH MUST IN THEMSELVES BE CONSIDERED TO HAVE CAUSED MATERIAL INJURY ;
WHEREAS , IN VIEW OF THE FOREGOING , THE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THE EXISTENCE OF DUMPING IN RESPECT OF IMPORTS FROM BRAZIL AND THERE IS SUFFICIENT EVIDENCE OF CONSEQUENT MATERIAL INJURY ;
WHEREAS THE BRAZILIAN EXPORTER WAS INFORMED OF THE FINDINGS OF THE INVESTIGATION AND COMMENTED ON THEM ; WHEREAS UNDERTAKINGS WERE OFFERED BY THE SAID EXPORTER IN RESPECT OF EXPORTS TO THE COMMUNITY ; WHEREAS THE EFFECT OF THESE UNDERTAKINGS WILL BE TO INCREASE EXPORT PRICES TO THE COMMUNITY TO LEVELS ELIMINATING BUT NOT EXCEEDING THE MARGIN OF DUMPING ;
WHEREAS THE COMMISSION HAS THEREFORE DETERMINED THAT IT IS NOT NOW NECESSARY TO TAKE PROTECTIVE ACTION IN RESPECT OF IMPORTS ORIGINATING IN BRAZIL AND HAS DECIDED