ADOPTION OF THE CONTESTED MEASURE ON 29 OCTOBER 1984 A NEW BASIC ANTI-DUMPING REGULATION HAD ENTERED INTO FORCE, NAMELY COUNCIL REGULATION NO 2176/84 OF 23 JULY 1984 ( OFFICIAL JOURNAL 1984, L 201, P . 1 ), ARTICLE 16 OF WHICH AUTHORIZES THE COMMISSION TO DECIDE ON APPLICATIONS FOR A REFUND, THE NATIONAL AUTHORITIES SHOULD NEVERTHELESS RETAIN THE POWERS WHICH WERE ORIGINALLY CONFERRED UPON THEM TO DECIDE ON APPLICATIONS SUBMITTED UNDER THE OLD SYSTEM . THE APPLICANT CLAIMS THAT THE FACT THAT THE SECOND PARAGRAPH OF ARTICLE 19 OF REGULATION NO 2176/84 PROVIDES THAT THE REGULATION APPLIES "TO PROCEEDINGS ALREADY INITIATED" AT THE DATE OF ITS ENTRY INTO FORCE IS UNIMPORTANT BECAUSE IT HAD A "VESTED RIGHT" TO HAVE ITS APPLICATION EXAMINED BY THE NATIONAL AUTHORITIES, WHO WERE COMPETENT AT THE DATE ON WHICH THE APPLICATION WAS SUBMITTED .
4 IN THAT REGARD IT MUST BE POINTED OUT THAT IN GENERAL PROVISIONS AMENDING AN ADMINISTRATIVE PROCEDURE AND APPOINTING THE COMPETENT AUTHORITIES ARE APPLICABLE TO PENDING PROCEEDINGS, AND THE PERSONS CONCERNED MAY NOT CLAIM TO HAVE A "VESTED RIGHT" TO HAVE THEIR CASE DEALT WITH BY THE AUTHORITIES UPON WHOM COMPETENCE WAS CONFERRED BY THE PREVIOUS PROVISIONS . THAT RULE IS EXPRESSLY REPRODUCED IN THE SECOND PARAGRAPH OF ARTICLE 19 OF REGULATION NO 2176/84, WHICH STATES, WITHOUT PROVIDING FOR ANY EXCEPTION, THAT THE PROVISIONS OF THE REGULATION ARE TO APPLY TO PROCEEDINGS ALREADY INITIATED AT THE DATE OF ITS ENTRY INTO FORCE . CONSEQUENTLY, THE APPLICANT' S SUBMISSION IS UNFOUNDED AND MUST BE REJECTED .
5 IN ITS REPLY THE APPLICANT CLAIMS THAT THE COMMISSION DELIBERATELY DELAYED THE EXAMINATION OF ITS APPLICATION UNTIL REGULATION NO 2176/84 HAD ENTERED INTO FORCE . AN EXAMINATION OF THE DOCUMENTS BEFORE THE COURT DOES NOT, HOWEVER, DISCLOSE ANY EVIDENCE THAT THAT WAS THE CASE AND THE APPLICANT HAS NOT PUT FORWARD ANY FACTOR CAPABLE OF SUBSTANTIATING ITS ALLEGATION . THE ARGUMENT MUST THEREFORE BE REJECTED .
THE OTHER SUBMISSIONS
6 THE APPLICANT THEN PUTS FORWARD THREE GROUPS OF SUBMISSIONS CHALLENGING THE CONTESTED MEASURE . IN CERTAIN SUBMISSIONS IT DISPUTES THE LEGALITY OF REGULATION NO 789/82 IMPOSING THE DEFINITIVE ANTI-DUMPING DUTY, IN PARTICULAR AS REGARDS THE LEGALITY OF THE PROCEDURE WHICH RESULTED IN THE ESTABLISHMENT OF THE DUMPING MARGIN AND THE IMPOSITION OF ANTI-DUMPING DUTIES . IN OTHER SUBMISSIONS, WITHOUT QUESTIONING THE LEGALITY OF THE REGULATION, IT DISPUTES THE ACCURACY OF THE NORMAL VALUES AND THE DUMPING MARGIN ESTABLISHED DURING THE INVESTIGATION PROCEDURE, AND SEEKS TO REPLACE THEM WITH DIFFERENT NORMAL VALUES AND A DIFFERENT DUMPING MARGIN FOR PURPOSES OF THE REFUND APPLIED FOR . THIRDLY, THE APPLICANT DISPUTES THE FINDING IN THE CONTESTED DECISION THAT THE APPLICANT HAD NOT PROVED THAT THE PRODUCTION COSTS OF ITS SUPPLIERS WERE LOWER, ON THE GROUND THAT IT IS NOT SUPPORTED BY AN ADEQUATE STATEMENT OF REASONS .
7 THE COMMISSION FIRST OF ALL OBJECTS THAT THE SUBMISSIONS CHALLENGING THE LEGALITY OF REGULATION NO 789/82 ARE INADMISSIBLE . SECONDLY, IT CHALLENGES THE SUBMISSIONS QUESTIONING THE ACCURACY OF THE NORMAL