REGARDS THE ADMISSIBILITY OF THE APPLICATION IN SO FAR AS IT IS DIRECTED AGAINST ARTICLE 3 , THAT ARTICLE CONSTITUTES A COLLECTIVE DECISION RELATING TO NAMED ADDRESSEES .
24ALTHOUGH THE COLLECTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL ANTI-DUMPING DUTY IS PER SE OF DIRECT CONCERN TO ANY IMPORTER WHO HAS IMPORTED THE PRODUCTS IN QUESTION SUBJECT TO SUCH DUTY , THE SPECIAL FEATURE OF ARTICLE 3 WHICH SETS IT APART IS THAT IT DOES NOT CONCERN ALL IMPORTERS BUT ONLY THOSE WHO HAVE IMPORTED THE PRODUCTS MANUFACTURED BY THE FOUR MAJOR JAPANESE PRODUCERS NAMED IN THAT ARTICLE .
25THE ALLEGATION OF THE DEFENDANT INSTITUTIONS AND THE INTERVENER THAT ONLY IMPLEMENTING MEASURES ADOPTED BY THE NATIONAL AUTHORITIES ARE OF DIRECT CONCERN TO THE IMPORTERS AND THAT THESE IMPORTERS SHOULD THEREFORE , WHERE APPROPRIATE , BRING THE MATTER BEFORE THE NATIONAL COURTS HAVING JURISDICTION DISREGARDS THE FACT THAT SUCH IMPLEMENTATION IS PURELY AUTOMATIC AND , MOREOVER , IN PURSUANCE NOT OF INTERMEDIATE NATIONAL RULES BUT OF COMMUNITY RULES ALONE .
26ARTICLE 3 OF REGULATION NO 1778/77 IS THEREFORE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE IMPORTERS AND CONSEQUENTLY THE APPLICATIONS LODGED BY THE SUBSIDIARIES , AS IMPORTERS OF KOYO PRODUCTS , ARE ADMISSIBLE .
27AS A RESULT THE APPLICATION LODGED BY KOYO AGAINST THAT ARTICLE IS ALSO ADMISSIBLE .
THE SUBSTANCE OF THE APPLICATION FOR ANNULMENT
28AS REGARDS ARTICLES 1 AND 2 OF REGULATION NO 1778/77 , THE APPLICANTS CLAIM IN SUBSTANCE , AMONGST OTHER COMPLAINTS AGAINST THE REASONING ON WHICH THAT REGULATION IS BASED AND THE PROCEDURE WHICH LED UP TO IT , THAT REGULATION NO 459/68 DOES NOT PERMIT A DEFINITIVE ANTI-DUMPING DUTY TO BE IMPOSED AT THE SAME TIME AS UNDERTAKINGS BY THE PRODUCERS CONCERNED TO REVISE PRICES ARE ACCEPTED .
29THE DEFENDANT INSTITUTIONS AND THE INTERVENER REPLY THAT AS THE CONTESTED REGULATION WAS BASED NOT ONLY ON THE BASIC REGULATION BUT ALSO ON ARTICLE 113 OF THE TREATY THE LATTER PROVISION , WHICH AUTHORIZES THE COUNCIL TO TAKE MEASURES TO PROTECT TRADE IN CASE OF DUMPING , GIVES THE COUNCIL THE POWER TO ADOPT AN AD HOC REGULATION INDEPENDENTLY OF THE PROVISIONS OF REGULATION NO 459/68 .
30THE COUNCIL MUST THEREFORE BE DEEMED TO HAVE EXERCISED THAT POWER IN THE PRESENT CASE .
31FINALLY , AS THE COMMISSION ' S INVESTIGATION DISCOVERED A MARGIN OF DUMPING OF AT LEAST 15 % INJURING THE COMMUNITY INDUSTRY AND AS KOYO ACKNOWLEDGED BY IMPLICATION BY ITS UNDERTAKING THAT THERE WAS A MARGIN OF DUMPING OF 20 % , IT IS UNSATISFACTORY TO HAVE TO RECOMMENCE THE INVESTIGATION FOR FAILURE TO OBSERVE THE UNDERTAKING AND MORE APPROPRIATE IN SUCH A CASE TO TERMINATE THE SUSPENSION OF THE DEFINITIVE DUTY IMPOSED ON THE BASIS OF WELL-ESTABLISHED FACTS .
32ARTICLE 14 ( 1 ) OF THE BASIC REGULATION , REGULATION ( EEC ) NO 459/68 , AS AMENDED BY REGULATION ( EEC ) NO 2011/73 OF THE COUNCIL OF 24 JULY 1973 ( OFFICIAL JOURNAL 1973 , L 206 , P .