THE PRELIMINARY EXAMINATION REGARDING JAPANESE AND SPANISH EXPORTERS HAS NOT YET BEEN CONCLUDED ; WHEREAS THE COMMISSION HAS CARRIED OUT ON THE SPOT INVESTIGATIONS AT THE OFFICES OF THE MAIN COMMUNITY PRODUCERS INVOLVED ;
WHEREAS IT EMERGES FROM THE INVESTIGATIONS CARRIED OUT IN GREECE AND TURKEY THAT NO DUMPING EXISTS IN THE CASE OF THE EXPORTS OF THESE PRODUCERS TO THE COMMUNITY AND THE INVESTIGATION IS CONSEQUENTLY CLOSED IN SO FAR AS THEY ARE CONCERNED ;
WHEREAS TO MAKE A PRELIMINARY EXAMINATION OF THE EXISTENCE OF DUMPING BY AMERICAN PRODUCERS , THE COMMISSION COMPARED THEIR EXPORT PRICES TO THE COMMUNITY WITH THOSE RULING ON THE AMERICAN MARKET ;
WHEREAS WEIGHTED AVERAGES WERE USED FOR THESE COMPARISONS , WHICH WERE MADE AT THE EX-FACTORY LEVEL FOR SALES DURING THE PERIOD 1 JUNE 1978 TO 31 MAY 1979 ;
WHEREAS ALL THE ALLOWANCES CLAIMED BY THE BADISCHE CORPORATION FOR TRANSPORT AND SELLING EXPENSES WERE GRANTED ; WHEREAS , HOWEVER , THE COMPANY ' S CLAIM THAT FIRST QUALITY MATERIAL SOLD AS DEVELOPMENT SAMPLES AT LOW PRICES SHOULD NOT BE INCLUDED IN THE OVERALL NET WEIGHTED AVERAGE CALCULATION FOR FIRST QUALITY MATERIAL WAS DISALLOWED SINCE THE VOLUME OF THE SALES CONCERNED CONSTITUTED SUCH A HIGH PROPORTION OF TOTAL SALES AND THE COMPANY DID NOT PROVIDE SUFFICIENT EVIDENCE TO JUSTIFY ITS CLAIM ;
WHEREAS THE ALLOWANCE CLAIMED BY THE AMERICAN CYANAMID COMPANY FOR TRANSPORT COSTS WAS GRANTED ; WHEREAS , IN THE ABSENCE OF SUFFICIENT EVIDENCE IN SUPPORT OF THEIR CLAIM THAT THERE WERE VIRTUALLY NO SELLING EXPENSES ON EXPORTS TO THE COMMUNITY , THE BREAKDOWN OF THESE COSTS WAS BASED ON THE AVAILABLE ACCOUNTING DATA , ALLOCATED PROPORTIONATELY TO THE TURNOVER FOR EACH PRODUCT AND MARKET UNDER CONSIDERATION ; WHEREAS THE EXPORTER IN QUESTION REQUESTED IN ADDITION A SUPPLEMENTARY ADJUSTMENT FOR CERTAIN ADMINISTRATIVE AND OTHER EXPENSES ; WHEREAS , IN THE ABSENCE OF SUFFICIENT PROOF AS TO THE DIRECT RELATIONSHIP OF THESE EXPENSES WITH THE SALES UNDER CONSIDERATION , THE COMMISSION WAS NOT ABLE TO TAKE THIS REQUEST INTO ACCOUNT ; WHEREAS A CLAIM MADE BY THE AMERICAN CYANAMID COMPANY FOR DIFFERENCES IN THE PRODUCTION COST OF CERTAIN ACRYLIC FIBRES SOLD IN THE DOMESTIC MARKET AS OPPOSED TO THOSE SOLD IN THE COMMUNITY MARKET HAS NOT BEEN ALLOWED SINCE THE EXPORTER IN QUESTION REFUSED TO PROVIDE DOCUMENTARY PROOF IN SUPPORT OF ITS CLAIM ;
WHEREAS IT EMERGES FROM THE PRELIMINARY EXAMINATION OF THE FACTS THAT DUMPING EXISTS FOR ALL THE IMPORTS EXAMINED FROM THE UNITED STATES OF AMERICA THE WEIGHTED AVERAGE MARGINS BEING FOR :
AMERICAN CYANAMID
- DISCONTINUOUS ACRYLIC FIBRE : 7.2 % ,
- CONTINUOUS FILAMENT TOW OF ACRYLIC FIBRES : 26.8 % ;
BADISCHE CORPORATION
- DISCONTINUOUS ACRYLIC FIBRE : 5.8 % ;
WHEREAS WITH REGARD TO INJURY IT WAS FOUND THAT THE COMMUNITY INDUSTRY WAS MAKING STRENUOUS EFFORTS TO RECOVER FROM THE EFFECTS , EXPERIENCED OVER MANY YEARS , OF VIRTUAL STAGNATION OF PRODUCTION AND CONSUMPTION ACCOMPANIED BY CONSIDERABLE OVERCAPACITY AND EXTREMELY HIGH LOSSES ;
WHEREAS THIS PROCESS OF