Commission Decision of 25 November 1980 terminating the anti-dumping proceeding concerning imports of edible and pharmaceutical gelatine originating in Sweden
Official Journal L 320 , 27/11/1980 P. 0041
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( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .
( 2 ) OJ NO C 219 , 27 . 8 . 1980 , P . 2 .
COMMISSION DECISION
OF 25 NOVEMBER 1980
TERMINATING THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF EDIBLE AND PHARMACEUTICAL GELATINE ORIGINATING IN SWEDEN
( 80/1094/EEC )
THE COMMISSION OF THE EUROPEAN
COMMUNITIES ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ),
AFTER HEARING THE OPINIONS EXPRESSED BY THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,
WHEREAS THE COMMISSION , AFTER RECEIVING A COMPLAINT CONTAINING EVIDENCE OF DUMPING IN RESPECT OF EDIBLE AND PHARMACEUTICAL GELATINE ORIGINATING IN SWEDEN AND OF MATERIAL INJURY RESULTING THEREFROM , ANNOUNCED THE INITIATION OF A PROCEEDING CONCERNING IMPORTS OF THIS PRODUCT INTO THE COMMUNITY ( 2 ), OFFICIALLY ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED AND THE COMPLAINANT AND COMMENCED AN INVESTIGATION OF THE MATTER ;
WHEREAS THE COMMISSION HAS GIVEN THE PARTIES CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO APPLY TO BE HEARD ORALLY ; WHEREAS THE COMPLAINANT , THE EXPORTER , IMPORTERS AND CERTAIN END-USERS OF THE PRODUCT IN QUESTION HAVE AVAILED THEMSELVES OF THIS OPPORTUNITY ; WHEREAS THE COMMISSION HAS FURTHERMORE GIVEN THE PARTIES DIRECTLY CONCERNED AN OPPORTUNITY TO MEET SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND ANY REBUTTAL ARGUMENTS PUT FORWARD ; WHEREAS NEITHER THE COMPLAINANT NOR THE EXPORTER HAS TAKEN THIS OPPORTUNITY ; WHEREAS THE COMPLAINANT , THE IMPORTERS AND THE EXPORTER KNOWN TO BE CONCERNED AS WELL AS THE REPRESENTATIVES OF THE EXPORTING COUNTRY HAVE HAD THE OPPORTUNITY TO INSPECT NON-CONFIDENTIAL INFORMATION MADE AVAILABLE TO THE COMMISSION WHICH IS RELEVANT TO THE DEFENCE OF THEIR INTERESTS ; WHEREAS THE COMPLAINANT WAS ALSO GIVEN THE OPPORTUNITY TO COMMENT ON A DETAILED NON-CONFIDENTIAL MEMORANDUM SUBMITTED BY THE EXPORTER AND HAS AVAILED ITSELF OF THIS OPPORTUNITY ;
WHEREAS IN THE COURSE OF THE PROCEEDING , THE COMMISSION SOUGHT AND VERIFIED ALL INFORMATION IT DEEMED TO BE NECESSARY AND CARRIED OUT INSPECTIONS AT THE PREMISES OF THE SWEDISH PRODUCER ;
WHEREAS , IN EXAMINING THE EXISTENCE OF DUMPING BY THE SWEDISH PRODUCER , THE COMMISSION HAD TO CONSIDER THAT THE COMPLAINT ALLEGED THAT SALES ON THE SWEDISH MARKET WERE MADE AT A LOSS ; WHEREAS THESE ALLEGATIONS WERE BASED ON DETAILED COST CALCULATIONS , DERIVED FROM PRODUCTION COSTS IN THE COMMUNITY EXTRAPOLATED FOR SWEDEN AS COMPARED TO ACTUAL SWEDISH RESALE PRICES ; WHEREAS , THEREFORE , THE COMMISSION EXAMINED ALL PRODUCTION COSTS , INCLUDING DEPRECIATION , FINANCE COSTS AND ALLOCATION OF OTHER OVERHEADS OF THE SWEDISH PRODUCER FOR THE PERIOD 1 AUGUST 1979 TO 31 JULY 1980 AND