OUT INSPECTIONS AT THE PREMISES IN SPAIN OF THE VARIOUS FIRMS INVOLVED IN THE PRODUCTION AND EXPORT OF THE PRODUCT IN QUESTION , NAMELY : BABCOCK AND WILCOX ESPANOLA SA ( BILBAO ), TUBOS REUNIDOS SA ( BILBAO ), TUBEXPORT ( BILBAO ), WHICH ACTS AS THE JOINT EXPORT COMPANY FOR THE TWO FORMER FIRMS , AND TUBACEX COMERCIAL SA ( BILBAO ), WHICH EXPORTS MATERIAL PRODUCED BY TUBACEX SA ( LLODIO , ALVA ); WHEREAS THE COMMISSION ALSO CARRIED OUT INSPECTIONS AT THE PREMISES OF THE MAJOR GERMAN AND UK FIRMS AND ASSOCIATIONS REPRESENTED BY THE COMPLAINANT , NAMELY : IN GERMANY , MANNESMANN ROHREN-WERKE AG ( DUESSELDORF ), EIENWERKGESELLSCHAFT MAXIMILIANSHUETTE MBH ( SUELZBACH-ROSENBERG ), NEUNKIRCHER EISENWERK AG ( HOMBURG ), AND THE STAHLROHRVERBAND EV ( DUESSELDORF ); IN THE UNITED KINGDOM , BRITISH STEEL CORPORATION TUBES DIVISION ( CORBY , NORTHAMPTONSHIRE ), TI TUBE DIVISION SERVICES LTD ( BIRMINGHAM ), AND TI WELDLESS LTD ( WOLVERHAMPTON ); WHEREAS ALL THE IMPORTERS KNOWN TO BE CONCERNED ARE STOCKHOLDERS ; WHEREAS THE COMPETITION BETWEEN SPANISH AND COMMUNITY PRODUCERS TAKES PLACE AT THE LEVEL OF SALE TO STOCHOLDERS , WITH THE RESULT THAT THE LATTERS ' RESALE PRICES AND INTERMEDIATE COSTS ARE NOT RELEVANT FOR THE PURPOSE OF DETERMINING INJURY ; WHEREAS IN THESE CIRCUMSTANCES THE COMMISSION DID NOT FEEL IT ESSENTIAL TO CARRY OUT ANY INSPECTION AT THE PREMISES OF THESE IMPORTERS ;
WHEREAS , IN ORDER TO DETERMINE THE MARGIN OF DUMPING THE COMMISSION EXAMINED A REPRESENTATIVE SAMPLE OF EXPORT SHIPMENTS FOR THE PERIOD OCTOBER 1978 TO SEPTEMBER 1979 , AND IN ADDITION MADE AN EXHAUSTIVE ANALYSIS OF EXPORT SHIPMENTS DURING THE MONTHS OF JUNE AND OCTOBER 1979 ; WHEREAS THESE EXPORT PRICES WERE EACH COMPARED , ON AN EX-FACTORY BASIS , WITH THE PRICES CHARGED ON THE EXPORTER ' S DOMESTIC MARKET AT THE SAME TIME FOR A SIMILAR TYPE AND DIMENSION OF TUBE ;
WHEREAS THE EXPORTERS CLAIMED THAT THE EXPORT PRICE EX-WORKS SHOULD BE ADJUSTED UPWARDS BY THE AMOUNT OF THE EXPORT TAX REBATE PAID TO THEM BY THE SPANISH AUTHORITIES ON THE FOB VALUE OF THE EXPORTED PRODUCT ; WHEREAS , FOR THE PURPOSES OF DETERMINING THE DUMPING MARGIN , AND WITHOUT PREJUDICE TO THE QUESTION OF WHETHER THAT TAX REBATE CONSTITUTED AN EXPORT SUBSIDY , THAT REQUEST WAS GRANTED ;
WHEREAS THE ABOVE CALCULATIONS SHOWED THAT DUMPING HAD TAKEN PLACE ; WHEREAS DURING THE PERIOD OCTOBER 1978 TO OCTOBER 1979 , THE MARGIN VARIED FROM 0 % TO 79.15 % OF THE EXPORT PRICE ; WHEREAS IN JUNE 1979 THE WEIGHTED AVERAGE DUMPING MARGIN WAS 24.3 % , AND IN OCTOBER 1979 25.18 % ;
WHEREAS , WITH REGARD TO INJURY TO THE COMMUNITY INDUSTRY , THE COMMISSION HAS ALREADY FINALLY DETERMINED IN ITS EXAMINATION OF THE QUESTION OF SUBSIDIZATION THAT , DUE CONSIDERATION HAVING BEEN GIVEN TO THE OTHER FACTORS HAVING A BEARING ON THE SITUATION OF THE INDUSTRY , THE IMPORTS IN QUESTION WERE CAUSING OR THREATENING TO CAUSE MATERIAL INJURY TO