THE PRODUCT IN QUESTION WERE DUMPED AT A WEIGHTED AVERAGE MARGIN OF 10.6 % ; WHEREAS THERE WAS SUFFICIENT EVIDENCE OF INJURY RESULTING FROM THEIR ENTRY FOR CONSUMPTION INTO THE COMMUNITY AND , SINCE THE INTERESTS OF THE COMMUNITY CALLED FOR IMMEDIATE INTERVENTION IN ORDER TO PREVENT FURTHER INJURY BEING CAUSED DURING THE INVESTIGATION , THE COMMISSION , BY REGULATION ( EEC ) NO 2999/80 ( 3 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON VINYL ACETATE MONOMER ORIGINATING IN THE UNITED STATES OF AMERICA ; WHEREAS EXPORTS BY THREE COMPANIES WERE EXCLUDED FROM THE APPLICATION OF THIS DUTY BECAUSE NO RECORDED DUMPING BY TWO OF THEM HAD BEEN ESTABLISHED AND BECAUSE THE UNDERTAKING BY THE THIRD COMPANY TO INCREASE ITS EXPORT PRICES WAS ADJUDGED ACCEPTABLE ;
WHEREAS THE PERIOD OF VALIDITY OF THIS PROVISIONAL DUTY WAS EXTENDED FOR A PERIOD NOT EXCEEDING TWO MONTHS BY COUNCIL REGULATION ( EEC ) NO 683/81 ( 4 );
WHEREAS , IN THE COURSE OF THE SUBSEQUENT EXAMINATION OF THE MATTER , COMPLETED AFTER THE IMPOSITION OF THIS DUTY , THE INTERESTED PARTIES HAD THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING , TO BE HEARD BY THE COMMISSION AND TO DEVELOP THEIR VIEWS ORALLY , TO INSPECT NON-CONFIDENTIAL INFORMATION RELEVANT TO THE DEFENCE OF THEIR INTERESTS AND TO BE INFORMED OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT WAS INTENDED TO MAKE A FINAL DETERMINATION ; WHEREAS THE COMPLAINANTS AND MOST OF THE EXPORTERS AND IMPORTERS CONCERNED AVAILED THEMSELVES OF THESE POSSIBILITIES BY MAKING KNOWN THEIR VIEWS IN WRITING AND ORALLY ;
WHEREAS ONE FURTHER EXPORTER , GANTRADE CORPORATION ( NEW JERSEY ), CAME FORWARD WITH AN OFFER TO PROVIDE INFORMATION ON THE NORMAL VALUE AND ON THE EXPORT PRICES APPLIED BY IT ; WHEREAS THE COMMISSION , AFTER A CAREFUL ANALYSIS OF THE INFORMATION AVAILABLE , DECIDED TO CARRY OUT INSPECTIONS AT THE PREMISES OF UNION CARBIDE CORPORATION ( CONNECTICUT ), CELANESE CHEMICAL COMPANY , INC . ( TEXAS ) AND GANTRADE CORPORATION ( NEW JERSEY ); WHEREAS PHILLIPS PETROLEUM COMPANY ( OKLAHOMA ) DID NOT CONSIDER AN ON-THE-SPOT INVESTIGATION TO BE NECESSARY BECAUSE IT DID NOT WISH TO APPLY FOR AN ADJUSTMENT OF ITS NORMAL VALUE ;
WHEREAS , IN SEEKING TO DETERMINE THE EXISTENCE OF DUMPING , THE COMMISSION COMPARED THE EXPORT PRICES TO THE COMMUNITY WITH THE NORMAL VALUE OF THE PRODUCT IN QUESTION ;
WHEREAS , SINCE ALL THE COMPANIES CONCERNED HAVE SOLD VINYL ACETATE MONOMER ON THE UNITED STATES DOMESTIC MARKET , THE NORMAL VALUE WAS ESTABLISHED ON THE BASIS OF THEIR RESPECTIVE PRICES ON THE AMERICAN MARKET DURING THE LAST SIX MONTHS OF 1980 , THE MOST RECENT PERIOD FOR WHICH ALL AVAILABLE INFORMATION COULD BE VERIFIED AND ONE WHICH WAS CONSIDERED AS BEING REPRESENTATIVE IN THE LIGHT OF THE WORSENING SITUATION DURING THE LATTER HALF OF 1980 ; WHEREAS , FOR THOSE COMPANIES FIXING PRICES ON A QUARTERLY BASIS , CERTAIN MONTHS WERE SELECTED AND EXAMINED JOINTLY WITH THE COMPANIES