INVOLVED A REDUCTION IN PERSONNEL ;
WHEREAS THE DUMPED IMPORTS WERE CONSIDERED TO BE MANIFESTLY THE PRINCIPAL CAUSE OF THE DIFFICULTIES DESCRIBED ABOVE ;
WHEREAS , SINCE THIS PRELIMINARY EXAMINATION OF THE MATTER SHOWED THAT THERE WAS DUMPING , THAT THERE WAS SUFFICIENT EVIDENCE OF INJURY AND THAT THE INTERESTS OF THE COMMUNITY CALLED FOR IMMEDIATE INTERVENTION , THE COMMISSION , BY REGULATION ( EEC ) NO 2391/79 ( 1 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON LITHIUM HYDROXIDE ORIGINATING IN THE UNITED STATES OF AMERICA AND THE SOVIET UNION ;
WHEREAS IN THE COURSE OF THE SUBSEQUENT EXAMINATION OF THE MATTER , COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL ANI-DUMPING DUTY , THE INTERESTED PARTIES HAD THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING , TO BE HEARD BY THE COMMISSION AND TO ORALLY DEVELOP THEIR VIEWS , TO INSPECT NON-CONFIDENTIAL INFORMATION RELEVANT TO THE DEFENCE OF THEIR INTERESTS AND TO BE INFORMED OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT WAS INTENDED TO MAKE A FINAL DETERMINATION ; WHEREAS THE COMMUNITY PRODUCER AND SOME OF THE EXPORTERS AND IMPORTERS CONCERNED AVAILED THEMSELVES OF THESE POSSIBILITIES BY MAKING KNOWN THEIR VIEWS IN WRITING AND ORALLY ;
WHEREAS DURING THE SUBSEQUENT EXAMINATION IT WAS ESTABLISHED THAT THE DOMESTIC PRICE IN THE UNITED STATES OF AMERICA , ON WHICH THE DETERMINATION OF NORMAL VALUE WAS BASED , HAD INCREASED BY 9.3 % SINCE THE DATE OF THE PRELIMINARY DETERMINATION OF THE DUMPING MARGIN ; WHEREAS IN CONSEQUENCE , FOR THE DEFINITIVE DETERMINATION , IT IS NECESSARY TO ADJUST THE NORMAL VALUE , ON WHICH THE PROVISIONAL DUTY WAS BASED , BY THIS AMOUNT IN ORDER TO TAKE ACCOUNT OF THE INCREASE IN THE DOMESTIC UNITED STATES PRICE ;
WHEREAS , WITH REGARD TO ALL OF THE OTHER ELEMENTS AFFECTING THE DUMPING CALCULATION , NO NEW INFORMATION WAS RECEIVED OR FURTHER ARGUMENTS ADVANCED WHICH WOULD HAVE ALTERED THE CALCULATIONS ; WHEREAS CONSEQUENTLY THE CURRENT DUMPING MARGINS ARE 9.6 % FOR LITHIUM CORPORATION OF AMERICA , 6.8 % FOR FOOTE MINERAL COMPANY AND 8.9 % FOR RUSSIAN EXPORTS ;
WHEREAS IN THE COURSE OF THE SUBSEQUENT EXAMINATION OF INJURY IT WAS ESTABLISHED THAT IMPORTS INTO THE COMMUNITY OF LITHIUM HYDROXIDE ORIGINATING IN THE UNITED STATES OF AMERICA AND THE SOVIET UNION HAD REACHED A LEVEL OF 632 TONNES DURING THE FIRST SIX MONTHS OF 1979 ; WHEREAS THE IMPORTS CONCERNED REACHED A MARKET SHARE OF 65 % DURING THE SAME PERIOD AND ARE CONSEQUENTLY HAVING AN EVEN GREATER EFFECT ON THE MARKET THAN THAT ESTABLISHED DURING THE PRELIMINARY EXAMINATION ;
WHEREAS THE PRICES OF THESE IMPORTS INTO THE COMMUNITY CONTINUE TO EXERCISE A DEPRESSIVE EFFECT ON THE COMMUNITY PRODUCER ' S PRICES , OBLIGING IT TO CONTINUE TO SELL AT PRICES BELOW ITS PRODUCTION COSTS ;
WHEREAS , WITH REGARD TO ALL THE OTHER ELEMENTS AFFECTING THE DETERMINATION OF INJURY , NO NEW INFORMATION WAS RECEIVED NOR FURTHER ARGUMENTS ADVANCED WHICH COULD HAVE ALTERED THAT DETERMINATION ;
WHEREAS