PREVAILING IN THE ORDINARY COURSE OF TRADE WITHIN THE COMMUNITY ), EMPLOYMENT , VOLUME OF DUMPED AND OTHER IMPORTS , UTILIZATION OF CAPACITY OF COMMUNITY INDUSTRY , PRODUCTIVITY AND RESTRICTIVE TRADE PRACTICES . NO ONE OR SEVERAL OF THESE FACTORS CAN NECESSARILY GIVE DECISIVE GUIDANCE .
2 . IN ORDER TO ESTABLISH WHETHER DUMPED IMPORTS ARE CAUSING INJURY , ALL OTHER FACTORS WHICH , INDIVIDUALLY OR IN COMBINATION , ARE KNOWN TO BE ADVERSELY AFFECTING THE COMMUNITY INDUSTRY SHALL ALSO BE TAKEN INTO CONSIDERATION . THE FACTORS TO BE CONSIDERED ARE , AMONG OTHERS , THE VOLUME AND PRICES OF OTHER IMPORTS OF THE PRODUCT IN QUESTION , COMPETITION BETWEEN THE COMMUNITY PRODUCERS THEMSELVES , CONTRACTION IN DEMAND DUE INTER ALIA TO SUBSTITUTION OF OTHER PRODUCTS OR TO CHANGES IN CONSUMER TASTES AND EXPORT PERFORMANCE .
3 . ( A ) NO INJURY MAY BE ATTRIBUTED TO DUMPING UNLESS THE DUMPED IMPORTS ARE DEMONSTRABLY THE PRINCIPAL CAUSE OF SUCH INJURY . FOR THE PURPOSE OF SUCH DEMONSTRATION , THE CONSEQUENCES OF DUMPING POSITIVELY FOUND TO BE SUCH SHALL BE WEIGHED AGAINST EACH OF THE OTHER KNOWN FACTORS WHICH AT THE SAME TIME MAY BE INJURING THE INDUSTRY . THE INJURIES CAUSED BY SUCH OTHER FACTORS SHALL NOT BE ATTRIBUTED TO THE DUMPED IMPORTS .
( B ) DETERMINATION OF INJURY SHALL IN ALL CASES BE BASED ON POSITIVE FINDINGS AND NOT MERELY ON ALLEGATION , CONJECTURE OR REMOTE POSSIBILITY . IN THE CASE OF THREATENED INJURY , THE CHANGE IN CIRCUMSTANCES WHICH WOULD CREATE A SITUATION IN WHICH DUMPING WOULD CAUSE INJURY SHALL BE CLEARLY FORESEEN AND IMMINENT . '
ARTICLE 3
ARTICLE 10 ( 4 ) OF REGULATION ( EEC ) NO 459/68 IS REPLACED BY THE FOLLOWING :
' 4 . ( A ) THE COMPLAINANT AND THE IMPORTERS AND EXPORTERS KNOWN TO BE CONCERNED , AS WELL AS THE REPRESENTATIVES OF THE EXPORTING COUNTRY , MAY INSPECT ALL INFORMATION MADE AVAILABLE TO THE COMMISSION BY ANY PARTY TO AN INVESTIGATION AS DISTINCT FROM INTERNAL DOCUMENTS PREPARED BY THE AUTHORITIES OF THE COMMUNITY OR ITS MEMBER STATES , PROVIDED THAT IT IS RELEVANT TO THE DEFENCE OF THEIR INTERESTS AND NOT CONFIDENTIAL WITHIN THE MEANING OF ARTICLE 11 AND THAT IT IS USED BY THE COMMISSION IN THE ANTI-DUMPING INVESTIGATION . TO THIS END , THEY SHALL ADDRESS A WRITTEN REQUEST TO THE COMMISSION , INDICATING THE INFORMATION REQUIRED .
( B ) EXPORTERS AND IMPORTERS OF THE PRODUCT SUBJECT TO INVESTIGATION MAY REQUEST TO BE INFORMED OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT IS INTENDED TO RECOMMEND THE IMPOSITION OF DEFINITIVE DUTIES OR THE DEFINITIVE COLLECTION OF AMOUNTS SECURED BY WAY OF A PROVISIONAL DUTY .
( C ) ( AA ) REQUESTS FOR INFORMATION PURSUANT TO ( B ) SHALL :
( I ) BE ADDRESSED TO THE COMMISSION IN WRITING ,
( II ) SPECIFY THE PARTICULAR ISSUES ON WHICH INFORMATION IS SOUGHT ,
( III ) BE RECEIVED NOT