TO AN ESTIMATED 733 000 TONNES IN 1979/80 AND IN THE SAME PERIOD CONSUMPTION IN THE FEDERAL REPUBLIC OF GERMANY HAD RISEN FROM AN ESTIMATED 71 000 TONNES TO AN ESTIMATED 93 000 TONNES ;
WHEREAS , THEREFORE , THE SHARE OF THE MARKET IN FRANCE HELD BY FRENCH PRODUCERS FELL FROM AN ESTIMATED 72 % IN THE AGRICULTURAL YEAR 1977/78 TO AN ESTIMATED 38 % IN THE YEAR 1979/80 AND SIMILARLY THE SHARE OF THE MARKET IN GERMANY HELD BY GERMAN PRODUCERS FELL DURING THE AGRICULTURAL YEAR 1978/79 FROM AN ESTIMATED 61 % TO AN ESTIMATED 45 % IN 1979/80 ;
WHEREAS THE PRICE UNDERCUTTING PRACTISED BY US EXPORTERS FORCED THE COMMUNITY PRODUCERS CONCERNED TO SELL AT PRICES WHICH WERE NOT SUFFICIENT TO RECOVER INCREASES IN COSTS WHICH OCCURRED DURING THE PERIOD UNDER CONSIDERATION ;
WHEREAS THE COMMISSION HAS FURTHER CONSIDERED WHETHER THERE IS INJURY CAUSED BY OTHER FACTORS WHICH , INDIVIDUALLY , OR IN COMBINATION , ARE ALSO ADVERSELY AFFECTING THE INDUSTRY CONCERNED ; WHEREAS IN THIS CONTEXT IT HAS EXAMINED THE EVOLUTION OF IMPORTS ORIGINATING IN OTHER THIRD COUNTRIES AND OTHER MEMBER STATES ; WHEREAS SUCH AN EXAMINATION WAS NOT POSSIBLE FOR THE FEDERAL REPUBLIC OF GERMANY BECAUSE PRECISE STATISTICAL INFORMATION WAS NOT AVAILABLE ; WHEREAS FOR FRANCE , THE LARGEST MARKET FOR UREA AMMONIUM NITRATE SOLUTION IN THE COMMUNITY , THERE HAVE BEEN NO IMPORTS FROM OTHER THIRD COUNTRIES DURING THE PERIOD 1977 TO 1979 AND IMPORTS FROM BELGIUM AND THE NETHERLANDS , THE PRINCIPAL COMMUNITY EXPORTERS TO THE FRENCH MARKET , FELL FROM 125 000 TONNES IN THE FIRST SEVEN MONTHS OF THE AGRICULTURAL YEAR 1978/79 TO ALMOST 88 000 TONNES IN THE SAME PERIOD OF 1979/80 .
WHEREAS IT HAS EMERGED THAT THESE IMPORTS HAVE NOT SIGNIFICANTLY AFFECTED THE INDUSTRY CONCERNED ; WHEREAS , THEREFORE , THE DUMPED IMPORTS WERE CONSIDERED TO HAVE CAUSED THE DIFFICULTIES DESCRIBED ABOVE ;
WHEREAS , IN THESE CIRCUMSTANCES , TO PREVENT INJURY BEING CAUSED DURING THE PROCEEDING , THE INTERESTS OF THE COMMUNITY CALL FOR IMMEDIATE INTERVENTION CONSISTING IN THE IMPOSITION OF A PROVISIONAL ANTI-DUMPING DUTY ON IMPORTS OF UREA AMMONIUM NITRATE SOLUTION FERTILIZER ORIGINATING IN THE UNITED STATES OF AMERICA AT A RATE WHICH , HAVING REGARD TO THE EXTENT OF INJURY CAUSED , SHOULD BE EQUAL TO THE DUMPING MARGIN PROVISIONALLY ESTABLISHED ;
WHEREAS ONE OF THE EXPORTERS , ALLIED CHEMICAL CORPORATION , HAS MEANWHILE VOLUNTARILY UNDERTAKEN TO INCREASE ITS PRICES TO A LEVEL WHICH ELIMINATES THE DUMPING MARGIN FOUND ; WHEREAS THE COMMISSION CONSIDERS THIS UNDERTAKING TO BE ACCEPTABLE ; WHEREAS IT IS CONSEQUENTLY APPROPRIATE TO EXCLUDE THE IMPORTS OF THE PRODUCT MANUFACTURED AND EXPORTED BY THIS COMPANY FROM THE APPLICATION OF THE DUTY ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . A PROVISIONAL ANTI-DUMPING DUTY IS HEREBY IMPOSED ON UREA AMMONIUM NITRATE SOLUTION FERTILIZER , FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING EX 31.02 C AND CORRESPONDING TO NIMEXE CODE EX 31.02-90 , ORIGINATING IN THE UNITED STATES OF AMERICA . THIS DUTY