THEY HAD WRITTEN IN FEBRUARY 1981 IN RESPONSE TO THE NOTICE ANNOUNCING THE OPENING OF THE ANTI-DUMPING PROCEEDING ON O-XYLENE AND HAD OFFERED FULL COOPERATION IN THE SUBSEQUENT INVESTIGATION ; WHEREAS THIS LETTER FAILED TO REACH THE RESPONSIBLE COMMISSION SERVICES ; WHEREAS AN ON-THE-SPOT INVESTIGATION THEN TOOK PLACE AT TENNECO ' S PREMISES IN HOUSTON AND A COMPARISON AT THE FOB LEVEL OF THEIR EXPORT PRICES TO THE COMMUNITY WITH THEIR US DOMESTIC PRICES SHOWED THAT THERE HAD BEEN A WEIGHTED AVERAGE DUMPING MARGIN IN THE LAST THREE QUARTERS OF 1980 OF 5.15 % ; WHEREAS EXXON CHEMICAL INTERNATIONAL SUPPLY SA , HAVING PROVIDED SOME INFORMATION DURING THE PRELIMINARY INVESTIGATION , NOW CAME FORWARD WITH SUPPLEMENTARY EVIDENCE WHICH SHOWED THAT THERE HAD BEEN A DUMPING MARGIN OF APPROXIMATELY 3 % ON THEIR EXPORTS IN THE SECOND AND THIRD QUARTERS OF 1980 ; WHEREAS SUNOCO OVERSEAS INC . AND SUN INTERNATIONAL INC . ALSO WROTE TO THE COMMISSION OFFERING TO COOPERATE IN AN EXAMINATION OF THE FACTS CONCERNING THEIR EXPORTS AND AN ON-THE-SPOT INVESTIGATION AT THEIR PREMISES SHOWED THAT , IN FACT , THERE HAD BEEN NO DIRECT EXPORTS OF O-XYLENE BY THESE COMPANIES IN 1980 AND THAT , CONSEQUENTLY , IT WAS NOT POSSIBLE TO DETERMINE ON THE BASIS OF PAST EXPERIENCE THAT THEY WOULD NOT DUMP IF THEY BEGAN EXPORTING ; WHEREAS IN THESE CIRCUMSTANCES SUNOCO OVERSEAS AND SUN INTERNATIONAL OFFERED PRICE UNDERTAKINGS WHICH REFLECTED THE NORMAL VALUES ESTABLISHED DURING THE INVESTIGATION PERIOD TO ALLOW THEM TO BE EXCLUDED FROM THE DUTY ;
WHEREAS THE COMMISSION HAS OTHERWISE RECEIVED NO ADDITIONAL INFORMATION IN RESPECT OF DUMPING SUCH AS TO LEAD IT TO REVISE THE WEIGHTED AVERAGE DUMPING MARGINS IT HAD PROVISIONALLY ESTABLISHED ; WHEREAS THESE MARGINS HAVE THEREFORE BEEN CONSIDERED AS DEFINITIVELY ESTABLISHED ;
WHEREAS , WITH REGARD TO THE INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY INDUSTRY , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWED THAT TOTAL IMPORTS OF O-XYLENE FROM THE SOURCES CONCERNED INTO THE COMMUNITY INCREASED FROM APPROXIMATELY 55 000 TONNES IN 1978 TO APPROXIMATELY 102 000 TONNES IN 1980 ; WHEREAS IT WAS SHOWN THAT APPROXIMATELY 80 % OF THESE IMPORTS WERE MADE AT DUMPED PRICES ;
WHEREAS THE MARKET SHARE OF THESE DUMPED IMPORTS IN THE COMMUNITY WAS APPROXIMATELY 14 % IN 1980 ;
WHEREAS , SINCE MOST OF THE IMPORTERS CONCERNED DID NOT PROVIDE INFORMATION TO THE COMMISSION , THE COMMISSION WAS UNABLE TO VERIFY THE RESALE PRICES OF O-XYLENE IMPORTED AT DUMPED PRICES ;
WHEREAS , HOWEVER , THE RESALE PRICES OF THE COMMUNITY INDUSTRY HAD STEADILY FALLEN IN 1980 AND THERE WAS EVIDENCE THAT CUSTOMERS HAD CANCELLED THEIR CONTRACTS WITH THE COMMUNITY INDUSTRY TO BUY DUMPED MATERIAL FROM THE AREAS CONCERNED , THUS FURTHER DEPRESSING COMMUNITY PRODUCERS ' PRICES ; WHEREAS ALL THE COMMUNITY INDUSTRY HAS SUFFERED HEAVY LOSSES IN 1980 ;
WHEREAS PRODUCTION OF O-XYLENE IN THE COMMUNITY FELL FROM 560 000 TONNES IN 1978 TO 291 000 TONNES IN 1980 AND CAPACITY UTILIZATION FELL FROM 70.7 %