;
WHEREAS WEIGHTED AVERAGES WERE USED FOR THESE COMPARISONS , WHICH WERE MADE AT THE EX-FACTORY LEVEL FOR SALES OVER THE PERIOD 1 JANUARY TO 30 APRIL 1979 , ACCOUNT BEING TAKEN , IN SO FAR AS THIS WAS REQUESTED , OF DIFFERENCES IN THE TERMS AND CONDITIONS OF SALE BEARING A DIRECT RELATIONSHIP TO THE SALES UNDER CONSIDERATION , THAT IS TO SAY THOSE RELATING TO TRANSPORT COSTS AND SELLING EXPENSES ; WHEREAS THE AMOUNT OF THE SELLING EXPENSES WAS DETERMINED BY REFERENCE TO THE COSTS INCURRED BY THE SELLER ; WHEREAS , IN THE ABSENCE OF SUFFICIENT EVIDENCE IN SUPPORT OF LITHIUM CORPORATION ' S CLAIM THAT THERE WERE ABSOLUTELY NO SELLING EXPENSES ON EXPORTS TO THE COMMUNITY , THE BREAKDOWN OF THESE COSTS WAS BASED ON THE AVAILABLE ACCOUNTING DATA , ALLOCATED IN PROPORTION TO THE TURNOVER FOR EACH PRODUCT AND MARKET UNDER CONSIDERATION ; WHEREAS THE EXPORTER IN QUESTION REQUESTED IN ADDITION A SUPPLEMENTARY ADJUSTMENT FOR CERTAIN OVERHEADS AND ADMINISTRATIVE EXPENSES ; WHEREAS , IN THE ABSENCE OF SUFFICIENT PROOF AS TO THE DIRECT RELATIONSHIP OF THESE OVERHEADS WITH THE SALES UNDER CONSIDERATION , THE COMMISSION WAS NOT ABLE TO TAKE THIS REQUEST INTO ACCOUNT ;
WHEREAS , WHEN DETERMINING THE EXISTENCE OF DUMPING ON IMPORTS FROM THE SOVIET UNION , THE COMMISSION HAD TO TAKE ACCOUNT OF THE FACT THAT THE SOVIET UNION IS A NON-MARKET ECONOMY COUNTRY ;
WHEREAS , FOR THIS REASON , THE COMMISSION HAS BASED ITS PRELIMINARY DUMPING CALCULATIONS ON THE PRICES AT WHICH THE LIKE PRODUCT IS SOLD FOR CONSUMPTION ON THE DOMESTIC MARKET OF A MARKET ECONOMY THIRD COUNTRY ;
WHEREAS A COMPARISON WITH PRICES AT WHICH THE LIKE PRODUCT IS SOLD FOR CONSUMPTION ON THE DOMESTIC MARKET OF THE UNITED STATES OF AMERICA ADJUSTED TO TAKE INTO ACCOUNT DIFFERENCES IN CONDITIONS AND CIRCUMSTANCES OF SALE APPEARED TO BE APPROPRIATE AND NOT UNREASONABLE SINCE THE UNITED STATES IS THE ONLY MARKET ECONOMY NON-MEMBER COUNTRY PRODUCING AND EXPORTING THIS PRODUCT IN SUBSTANTIAL QUANTITIES ;
WHEREAS , WITH REGARD TO INJURY TO THE INDUSTRY CONCERNED , THE EVIDENCE AVAILABLE TO THE COMMISSION DURING THE PRELIMINARY EXAMINATION SHOWED THAT IMPORTS INTO THE COMMUNITY OF LITHIUM HYDROXIDE ORIGINATING IN THE UNITED STATES OF AMERICA AND THE SOVIET UNION HAD INCREASED FROM 988 TONNES IN 1976 TO 1 237 TONNES IN 1978 ; WHEREAS THE IMPORTS INTO THE COMMUNITY OF THE PRODUCT IN QUESTION REACHED A MARKET SHARE OF 58 % IN 1976 AND 62 % IN 1978 AND WERE CONSEQUENTLY HAVING A CONSIDERABLE EFFECT ;
WHEREAS THE CONSEQUENTIAL IMPACT ON THE COMMUNITY PRODUCER CONCERNED CONSISTED IN STAGNANT PRODUCTION AND SALES , UNDER-UTILIZATION OF CAPACITY , AND A FALL IN THE MARKET SHARE FROM 42 % IN 1976 TO 35 % IN THE FIRST THREE MONTHS OF 1979 PLACING IT IN AN EXTREMELY DIFFICULT SITUATION AND CAUSING IT HEAVY LOSSES ON THIS PRODUCT ; WHEREAS IN THE ABSENCE OF DEFENSIVE MEASURES , THE CESSATION OF THIS LINE OF PRODUCTION WAS ENVISAGED WHICH WOULD HAVE