, TOKYO , JAPAN ; C ITOH AND CO . LTD , OSAKA , JAPAN , AND DIAFIBERS CO . LTD , OSAKA , JAPAN ; WHEREAS THE COMMISSION ALSO CARRIED OUT ON-THE-SPOT INVESTIGATIONS AT THE OFFICES OF THE MAIN COMMUNIY PRODUCERS INVOLVED , NAMELY THE ITALIAN COMPANIES ANIC SPA , MILAN ; MONTEFIBRE SPA , MILAN ; SOCIETA ITALIANA RESINA SPA ( SIR ), MILAN AND SNIA VISCOSA SPA , MILAN ;
WHEREAS IT EMERGED FROM THE INVESTIGATIONS CARRIED OUT IN GREECE AND TURKEY THAT NO DUMPING EXISTED IN THE CASE OF THE EXPORTS OF THESE PRODUCERS TO THE COMMUNITY AND THE INVESTIGATION WAS CONSEQUENTLY CLOSED IN SO FAR AS THEY WERE CONCERNED ;
WHEREAS , MOREOVER , IN THE COURSE OF THE INVESTIGATIONS WITH THE MAIN SPANISH EXPORTER A PRICE UNDERTAKING WAS RECEIVED WHICH WAS CONSIDERED SATISFACTORY BY THE COMMISSION AND THE PROCEDURE WAS CONSEQUENTLY TERMINATED AS REGARDS IMPORTS FROM SPAIN ( 3 );
WHEREAS , SINCE IT EMERGED FROM THE PRELIMINARY EXAMINATION WITH AMERICAN EXPORTERS THAT DUMPING EXISTED AND RESULTANT INJURY , THE COMMISSION , BY REGULATION ( EEC ) NO 2712/79 ( 4 ), AS AMENDED BY REGULATION ( EEC ) NO 61/80 ( 5 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN ACRYLIC FIBRES ORIGINATING IN THE UNITED STATES OF AMERICA ; WHEREAS , MOREOVER , THE SUBSEQUENT EXAMINATION COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL DUTY SHOWED DUMPING AND MATERIAL INJURY RESULTING THEREFROM ;
WHEREAS , FOR THE PURPOSES OF A PRELIMINARY EXAMINATION OF THE EXISTENCE OF DUMPING BY JAPANESE PRODUCERS , THE COMMISSION COMPARED THEIR EXPORT PRICES TO THE COMMUNITY OF CONTINUOUS FILAMENT TOW OF ACRYLIC FIBRE WITH THOSE RULING ON THE JAPANESE MARKET ;
WHEREAS WEIGHTED AVERAGES WERE USED FOR THESE COMPARISONS , WHICH WERE MADE AT THE EX-FACTORY LEVEL FOR SALES DURING THE PERIOD 1 JUNE 1978 TO 31 MAY 1979 MADE BY DIAFIBERS CO . LTD , THE PRINCIPAL JAPANESE COMPANY EXPORTING TO THE COMMUNITY WHICH ALSO SELLS ON THE DOMESTIC MARKET ;
WHEREAS DIAFIBERS CLAIMED THAT CERTAIN DIFFERENCES EXISTED IN THE CONDITIONS AND TERMS OF SALE ; WHEREAS ALL THE ALLOWANCES CLAIMED BY THEM FOR REMISSION OF IMPORT CHARGES ON IMPORTED RAW MATERIALS , HANDLING , ANCILLARY COSTS , SALESMENS ' SALARIES AND RELATED EXPENSES AND TECHNICAL ASSISTANCE EXPENSES WERE GRANTED ; WHEREAS , HOWEVER , THE COMPANY ' S CLAIMS FOR ALLOWANCES FOR ADVERTISING AND SALES PROMOTION AND RESEARCH AND DEVELOPMENT COSTS WERE DISALLOWED , SINCE IT WAS CONSIDERED THAT SUCH COSTS DID NOT BEAR A DIRECT RELATIONSHIP TO THE SALES UNDER CONSIDERATION ;
WHEREAS THE ABOVE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THE EXISTENCE OF DUMPING IN RESPECT OF THE IMPORTS EFFECTED DURING THE INVESTIGATION PERIOD , OF WHICH THE WEIGHTED AVERAGE MARGIN IS 38 % ;
WHEREAS WITH REGARD TO INJURY THE EVIDENCE AVAILABLE TO THE COMMISSION DURING THE PRELIMINARY EXAMINATION SHOWED THAT THE COMMUNITY HAS BEEN MAKING STRENUOUS EFFORTS TO RECOVER FROM THE EFFECTS , EXPERIENCED OVER MANY YEARS , OF VIRTUAL STAGNATION OF PRODUCTION