% BETWEEN 1977 AND 1980 ; WHEREAS SOME COMMUNITY PRODUCERS HAVE SHARPLY REDUCED THEIR PRODUCTION LEVELS AS A RESULT ; WHEREAS OTHERS HAVE TRIED TO MAINTAIN REMAINING MARKET SHARES BY SELLING AT EVER LOWER PRICES ;
WHEREAS AT PRESENT ALL COMMUNITY PRODUCERS ARE FORCED TO SELL AT PRICES WHICH ARE NOT SUFFICIENT TO RECOVER THE INCREASED COSTS AND ARE UNABLE TO REMEDY THIS SITUATION BY MEANS OF USING MORE PRODUCT CAPTIVELY ; WHEREAS AS A RESULT , ALL PRODUCERS ARE INCURRING LOSSES , SOME OF WHICH ARE EXTREMELY HIGH ; WHEREAS VARIOUS PRODUCERS ARE CONSIDERING THE TERMINATION OF THEIR PRODUCTION OF VINYL ACETATE MONOMER ALTOGETHER WHICH MAY THREATEN THE EMPLOYMENT OF APPROXIMATELY 1 070 WORKERS ;
WHEREAS THE COMMISSION HAS CONSIDERED THE INJURY CAUSED BY OTHER FACTORS WHICH , INDIVIDUALLY OR IN COMBINATION , ARE ALSO AFFECTING THE COMMUNITY INDUSTRY ; WHEREAS IT HAS DETERMINED IN THIS CONTEXT THAT THE LEVEL OF DEMAND AND CONSUMPTION IN THE COMMUNITY HAS REMAINED RELATIVELY STABLE IN SPITE OF CERTAIN MARKET FLUCTUATIONS ; WHEREAS , FURTHERMORE , THE VOLUME OF NON-DUMPED IMPORTS HAS NOT SHOWN THE SAME SUDDEN INCREASE AS THE VOLUME OF DUMPED IMPORTS , EVEN IF THEY AMOUNT TO SIGNIFICANT QUANTITIES AND WERE SOLD AT PRICES WHICH , GIVEN THE HIGHLY COMPETITIVE NATURE OF THE MARKET , WERE NOT SUBSTANTIALLY DIFFERENT ; WHEREAS THE INFLUENCE OF THESE NON-DUMPED IMPORTS ON THE VINYL ACETATE MONOMER MARKET HAS BEEN ISOLATED FROM THE DUMPED IMPORTS ; WHEREAS THE SUBSTANTIAL AND SUDDEN INCREASE IN THE VOLUME OF IMPORTS OF DUMPED VINYL ACETATE MONOMER AND THE PRICES AT WHICH SUCH DUMPED IMPORTS HAVE BEEN OFFERED FOR SALE HAVE LED THE COMMISSION TO CONCLUDE THAT THE IMPACT CAUSED BY THE DUMPED IMPORTS TAKEN BY THEMSELVES CONSTITUTES MATERIAL INJURY ;
WHEREAS IN THESE CIRCUMSTANCES AND IN ORDER 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 VINYL ACETATE MONOMER 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 MARGINS PROVISIONALLY ESTABLISHED ; WHEREAS IN THIS CONTEXT , THE COMMISSION HAS CONSIDERED THE EFFECTS WHICH ANY PROTECTIVE MEASURES WOULD HAVE ON THE SO-CALLED NON-INTEGRATED PRODUCERS OF PAINTS AND ADHESIVES , PRODUCTS FOR WHICH VINYL ACETATE MONOMER IS ONE OF THE BASE RAW MATERIALS ; WHEREAS THOSE EFFECTS , COUPLED WITH THE LEVEL OF THE PROVISIONAL DUTY , HAVE NOT LED TO OTHER CONCLUSIONS ;
WHEREAS , ONE OF THE EXPORTERS , US INDUSTRIAL CHEMICALS CO ., HAS MEANWHILE VOLUNTARILY UNDERTAKEN TO INCREASE ITS PRICE TO LEVELS WHICH ELIMINATE THE DUMPING MARGIN FOUND ; WHEREAS THE COMMISSION CONSIDERS THIS UNDERTAKING TO BE ACCEPTABLE ; WHEREAS IT IS CONSEQUENTLY APPROPRIATE TO EXCLUDE THE IMPORTS OF THE PRODUCTS MANUFACTURED AND EXPORTED BY THIS COMPANY FROM THE APPLICATION OF THE DUTY ;
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . A PROVISIONAL ANTI-DUMPING