RATES , IN SOME INSTANCES UP TO 20 % , THE WEIGHTED AVERAGE MARGIN BEING 6.9 % ;
WHEREAS , WITH REGARD TO INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY INDUSTRY , NO ADDITIONAL INFORMATION HAS BEEN RECEIVED BY THE COMMISSION ; WHEREAS , HOWEVER , VAUXHALL ALLEGED THAT DUE TO A SHORTAGE OF POTATOES IN CANADA IN THE PRESENT CROP YEAR THEY WERE UNABLE TO SUPPLY SUBSTANTIAL QUANTITIES OF GRANULES TO THEIR EEC CUSTOMERS AND COULD NOT , THEREFORE , CAUSE ANY INJURY TO COMMUNITY PRODUCERS ; WHEREAS THIS ALLEGATION IS NOT SUPPORTED BY THE FACTS AVAILABLE TO THE COMMISSION AND VAUXHALL DID NOT SUPPLY ANY SUPPORTING EVIDENCE ;
WHEREAS UPON REQUEST VAUXHALL WAS INFORMED , ORALLY AND IN WRITING , OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT WAS INTENDED TO TAKE DEFINITIVE ACTION ;
WHEREAS VAUXHALL HAS VOLUNTARILY UNDERTAKEN TO INCREASE THEIR PRICES TO A LEVEL WHICH ELIMINATES THE INJURIOUS EFFECTS OF THEIR EXPORTS TO THE COMMUNITY ;
WHEREAS THE COMMISSION CONSIDERS THIS UNDERTAKING ACCEPTABLE ,
HAS DECIDED AS FOLLOWS :
SOLE ARTICLE
THE COMMISSION HEREBY ACCEPTS THE UNDERTAKING OFFERED BY VAUXHALL FOODS LTD IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF POTATO GRANULES , FALLING WITHIN COMMON CUSTOMS TARIFF HEADING NO EX 11.05 AND CORRESPONDING TO NIMEXE CODE EX 11.05-00 , ORIGINATING IN CANADA .
DONE AT BRUSSELS , 24 AUGUST 1981 .
FOR THE COMMISSION
WILHELM HAFERKAMP
VICE-PRESIDENT