LIMITED .
( 104 ) FINALLY, THE ISSUE HAS BEEN RAISED WHETHER IT IS IN THE COMMUNITY'S INTEREST IF, AS A RESULT OF ANTI-DUMPING MEASURES, THE PRICES OF JAPANESE PHOTOCOPIERS WERE TO INCREASE, THEREBY RESULTING IN HIGHER PRICES TO CONSUMERS .
THE COMMISSION ACCEPTS THAT THESE MEASURES MAY RESULT IN A PRICE INCREASE IN THE SHORT TERM . HOWEVER, IN VIEW OF THE EXTENT OF THE INJURY CAUSED BY DUMPED IMPORTS AND THE IMPORTANCE OF THE COMMUNITY INDUSTRY INJURED, IT IS CONSIDERED THAT, IN THIS CASE, THE NECESSITY TO ENSURE THE STABILITY OF THE INDUSTRY IN QUESTION IS MORE IMPORTANT . INDEED, IN THE LONG TERM, IT IS IN THE CONSUMERS' INTEREST TO HAVE A VIABLE COMMUNITY INDUSTRY WHICH WILL COMPETE WITH AND OFFER AN ALTERNATIVE TO IMPORTS .
( 105 ) IN CONCLUSION, THE COMMISSION CONSIDERS THAT IT IS IN THE OVERRIDING INTEREST OF THE COMMUNITY THAT INJURY DUE TO DUMPING BE ELIMINATED AND THAT THE COMMUNITY INDUSTRY BE ACCORDED PROTECTION AGAINST DUMPED IMPORTS EMANATING FROM JAPAN WHICH HAVE CAUSED INJURY TO IT . IN ORDER TO PREVENT FURTHER INJURY BEING CAUSED DURING THE REMAINDER OF THE PROCEEDING, THE ACTION TO BE TAKEN SHOULD TAKE THE FORM OF A PROVISIONAL ANTI-DUMPING DUTY .
I . UNDERTAKING
( 106 ) KYOCERA, A JAPANESE EXPORTER WHICH CEASED EXPORTING TO THE COMMUNITY AFTER THE REFERENCE PERIOD, OFFERED AN UNDERTAKING REGARDING ITS FUTURE EXPORTS TO THE COMMUNITY .
THIS UNDERTAKING WAS NOT ACCEPTED BY THE COMMISSION AT THE PROVISIONAL STAGE AND ACCEPTANCE WILL BE RECONSIDERED SHOULD DEFINITIVE MEASURES BE PROPOSED .
J . DUTY
( 107 ) IT WAS CONSIDERED WHETHER THE LEVEL OF DUTY SHOULD BE BELOW DUMPING MARGINS PROVISIONALLY DETERMINED, IF SUCH LESSER DUTY WOULD BE ADEQUATE TO REMOVE THE INJURY CAUSED BY THE DUMPED IMPORTS . TO REACH A PROVISIONAL FINDING ON WHAT DUTY WAS REQUIRED, IT WAS CONSIDERED APPROPRIATE TO LOOK AT THE RETURN OBTAINED BY THE COMMUNITY PRODUCERS FOR THE SALE OF PPCS DURING THE PERIOD UNDER CONSIDERATION . IN THIS CONTEXT, THE COMMISSION EXAMINED THE AUDITED ACCOUNTS FOR THE 1985 FINANCIAL YEAR FOR THE THREE COMPANIES CONCERNED, RANK XEROX, OCE AND OLIVETTI, AND ISOLATED THE RETURN ON SALES OF PPC MACHINES IN THE COMMUNITY . THESE DATA WERE THEN WEIGHTED BY SALES TURNOVER AND COMPARED WITH THE MINIMUM RETURN REGARDED AS NECESSARY FOR THE INDUSTRY TO OPERATE COMPETITIVELY AND COMMERCIALLY .
( 108 ) AS REGARDS THE CHOICE OF A REASONABLE RATE OF RETURN, THE COMMUNITY INDUSTRY CLAIMED THAT A RETURN ON ASSETS ( BEFORE TAX ) OF NOT LESS THAN 18 % WAS REQUIRED FOR AN INDUSTRY IN THIS SECTOR TO OPERATE COMPETITIVELY AND COMMERCIALLY, TAKING ACCOUNT OF RESEARCH AND DEVELOPMENT AND ADVERTISING REQUIREMENTS AND THE COST OF THE APPROPRIATE FINANCING IN THE COMMUNITY .
RESEARCH AND DEVELOPMENT REQUIREMENTS ARISE FROM THE SHORT PRODUCT LIFE-CYCLE OF PPCS AND THE NECESSITY FOR COMPANIES TO BE IN A POSITION TO INTRODUCE NEW MODELS AT REGULAR INTERVALS . THIS IN TURN DEMANDS THE CONTINUOUS EXISTENCE OF A NUMBER OF