THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION ( 4 ) , AS LAST AMENDED BY DIRECTIVE 81/853/EEC ( 5 ) , AND TO TAKE ACCOUNT OF THE REPLACEMENT OF COUNCIL REGULATION ( EEC ) NO 2532/78 OF 16 OCTOBER 1978 ON COMMON RULES FOR IMPORTS FROM THE PEOPLE'S REPUBLIC OF CHINA ( 6 ) BY COUNCIL REGULATION ( EEC ) NO 1766/82 ( 7 ) AND OF THE REPLACEMENT OF COUNCIL REGULATION ( EEC ) NO 925/79 OF 8 MAY 1979 ON COMMON RULES FOR IMPORTS FROM STATE-TRADING COUNTRIES ( 8 ) BY COUNCIL REGULATION ( EEC ) NO 1765/82 ( 9 ) ;
WHEREAS IT IS APPROPRIATE TO DEFINE MORE PRECISELY THE COST TO BE TAKEN INTO CONSIDERATION FOR THE DETERMINATION OF CONSTRUCTED VALUE AND OF SALES BELOW COST ON THE DOMESTIC MARKET ;
WHEREAS IT IS ALSO APPROPRIATE TO ENSURE CONSISTENCY OF THE RULES CONCERNING PARTIES WHICH ARE ASSOCIATED OR HAVE A COMPENSATORY ARRANGEMENT WITH EACH OTHER ;
WHEREAS IT IS NECESSARY TO CLARIFY THE PROVISIONS RELATING TO THE GRANT OF ALLOWANCES FOR DIFFERENCES IN CONDITIONS AND TERMS OF SALE , INCLUDING , IN PARTICULAR , THOSE RELATING TO THE LEVEL OF TRADE , AND FOR IMPORT CHARGES AND INDIRECT TAXES ;
WHEREAS , IN ORDER TO TAKE ACCOUNT OF THE COMMUNITY'S INTERPRETATION OF THE GATT RULES ON SUBSIDIES AND COUNTERVAILING DUTIES , IT IS APPROPRIATE TO AMEND THE PROVISIONS OF THE SAID REGULATION CONCERNING THE CALCULATION OF THE AMOUNT OF SUBSIDIES ;
WHEREAS THE PROCEDURES FOR COOPERATION AND CONSULTATION WITH MEMBER STATES SHOULD BE SIMPLIFIED ;
WHEREAS IT IS DESIRABLE TO STATE EXPLICITLY THAT THE INVESTIGATION OF DUMPING OR SUBSIDIZATION SHOULD NORMALLY COVER A PERIOD OF NOT LESS THAN SIX MONTHS IMMEDIATELY PRIOR TO THE INITIATION OF THE PROCEEDING AND THAT FINAL DETERMINATIONS MUST BE BASED ON THE FACTS ESTABLISHED IN RESPECT OF THE INVESTIGATION PERIOD ;
WHEREAS TO AVOID CONFUSION , THE USE OF THE TERMS " INVESTIGATION " AND " PROCEEDING " IN THIS REGULATION SHOULD BE CLARIFIED ;
WHEREAS IT IS NECESSARY TO REQUIRE THAT WHEN INFORMATION IS TO BE CONSIDERED AS BEING CONFIDENTIAL , A REQUEST TO THIS EFFECT MUST BE MADE BY THE SUPPLIER , AND TO MAKE CLEAR THAT CONFIDENTIAL INFORMATION WHICH COULD BE SUMMARIZED BUT OF WHICH NO NON-CONFIDENTIAL SUMMARY HAS BEEN SUBMITTED MAY BE DISREGARDED ;
WHEREAS , IN ORDER TO AVOID UNDUE DELAYS AND FOR ADMINISTRATIVE CONVENIENCE , IT IS ADVISABLE TO INTRODUCE TIME LIMITS WITHIN WHICH UNDERTAKINGS MAY BE OFFERED ;
WHEREAS IT IS NECESSARY TO LAY DOWN MORE EXPLICIT RULES CONCERNING THE PROCEDURE TO BE FOLLOWED AFTER WITHDRAWAL OR VIOLATION OF UNDERTAKINGS ;
WHEREAS PROVISION SHOULD BE MADE FOR THE REVIEW OF REGULATIONS AND DECISIONS TO BE CARRIED OUT , WHERE APPROPRIATE , IN PART ONLY ;
WHEREAS IT IS NECESSARY TO PROVIDE THAT , AFTER A CERTAIN PERIOD OF TIME , ANTI-DUMPING AND COUNTERVAILING MEASURES WILL LAPSE UNLESS THE NEED FOR THEIR CONTINUED EXISTENCE CAN BE SHOWN ;
WHEREAS THERE