WHICH THE DEFINITIVE DUTY WAS BASED IN ORDER TO TAKE ACCOUNT OF THE INCREASE IN THE UNITED STATES DOMESTIC PRICE ;
WHEREAS , WITH REGARD TO ALL OF THE OTHER ELEMENTS AFFECTING THE DUMPING CALCULATION , NO NEW INFORMATION WAS RECEIVED OR FURTHER ARGUMENTS ADVANCED WHICH WOULD HAVE ALTERED THE CALCULATIONS ; WHEREAS , CONSEQUENTLY , THE CURRENT DUMPING MARGINS ARE 5 % FOR LITHIUM CORPORATION OF AMERICA , 4.4 % FOR FOOTE MINERAL COMPANY AND 4.4 % FOR RUSSIAN EXPORTS ;
WHEREAS , IN THE COURSE OF THE SUBSEQUENT EXAMINATION OF INJURY , IT WAS ESTABLISHED THAT IMPORTS INTO THE COMMUNITY OF LITHIUM HYDROXIDE ORIGINATING IN THE UNITED STATES OF AMERICA AND THE SOVIET UNION HAD REACHED A LEVEL OF 1 503 TONNES IN 1979 ; WHEREAS THE IMPORTS CONCERNED REACHED A MARKET SHARE OF 66.8 % DURING THE SAME PERIOD AND ARE CONSEQUENTLY HAVING AN EVEN GREATER EFFECT ON THE MARKET THAN THAT ESTABLISHED DURING THE DEFINITIVE EXAMINATION ;
WHEREAS THE PRICES OF THESE IMPORTS INTO THE COMMUNITY ARE AGAIN EXERCISING A DEPRESSIVE EFFECT ON THE COMMUNITY PRODUCER ' S PRICES , OBLIGING IT TO CONTINUE TO SELL AT PRICES BELOW ITS PRODUCTION COSTS ;
WHEREAS , WITH REGARD TO ALL THE OTHER ELEMENTS AFFECTING THE DETERMINATION OF INJURY , NO NEW INFORMATION WAS RECEIVED OR FURTHER ARGUMENTS ADVANCED WHICH COULD HAVE ALTERED THAT DETERMINATION ;
WHEREAS , THEREFORE , THE FACTS AS RE-EXAMINED SHOW THAT , DUE CONSIDERATION HAVING BEEN GIVEN TO THE OTHER FACTORS HAVING A BEARING ON THE SITUATION OF THIS INDUSTRY , FOR EXAMPLE , THE DECLINE OF EXPORTS TO COUNTRIES OUTSIDE THE COMMUNITY , THE DUMPED IMPORTS ARE CAUSING , OR ARE THREATENING TO CAUSE , MATERIAL INJURY TO THE COMMUNITY INDUSTRY CONCERNED ;
WHEREAS , IN THESE CIRCUMSTANCES , PROTECTION OF THE COMMUNITY ' S INTERESTS CALLS FOR THE ADJUSTMENT OF THE DEFINITIVE MEASURES INTRODUCED BY REGULATION ( EEC ) NO 191/80 IN RESPECT OF LITHIUM HYDROXIDE ORIGINATING IN THE UNITED STATES OF AMERICA AND THE SOVIET UNION ;
WHEREAS ONE OF THE TWO AMERICAN EXPORTERS , FOOTE MINERAL COMPANY , VOLUNTARILY UNDERTOOK TO INCREASE ITS PRICES TO LEVELS WHICH WERE CONSIDERED SATISFACTORY ; WHEREAS THIS UNDERTAKING WAS ACCEPTED BY THE COMMISSION , WHICH ACCORDINGLY DECIDED TO TERMINATE THE PROCEDURE CONCERNING THIS COMPANY AND TO EXCLUDE IT FROM THE APPLICATION OF THE DEFINITIVE DUTY ; WHEREAS , IN THE COURSE OF THE RE-EXAMINATION , THIS SAME COMPANY OFFERED TO BRING ITS UNDERTAKING INTO LINE WITH THE LATEST PRICE LEVEL ON THE AMERICAN MARKET ; WHEREAS THIS NEW UNDERTAKING HAS BEEN ACCEPTED BY THE COMMISSION ; WHEREAS , CONSEQUENTLY , THIS COMPANY REMAINS EXCLUDED FROM THE APPLICATION OF THE DUTY ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
ARTICLE 1 ( 3 ) AND ( 5 ) OF REGULATION ( EEC ) NO 191/80 ARE HEREBY REPLACED BY THE FOLLOWING :
' 3 . FOR THE PURPOSES OF THIS REGULATION , THE NORMAL VALUE OF LITHIUM HYDROXIDE ORIGINATING IN THE UNITED STATES OF