A PROPER BASIS FOR DETERMINING THE EXISTENCE OF DUMPING , RECOURSE MAY BE HAD TO A CONSTRUCTED NORMAL VALUE ; WHEREAS IT IS APPROPRIATE TO GIVE EXAMPLES OF SITUATIONS WHICH MAY BE CONSIDERED AS NOT REPRESENTING THE ORDINARY COURSE OF TRADE , IN PARTICULAR WHERE A PRODUCT IS SOLD AT PRICES WHICH ARE LESS THAN THE COSTS OF PRODUCTION , OR WHERE TRANSACTIONS TAKE PLACE BETWEEN PARTIES WHICH ARE ASSOCIATED OR WHICH HAVE A COMPENSATORY ARRANGEMENT ; WHEREAS IT IS APPROPRIATE TO LIST THE POSSIBLE METHODS OF DETERMINING NORMAL VALUE IN SUCH CIRCUMSTANCES ;
WHEREAS IT IS EXPEDIENT TO DEFINE THE EXPORT PRICE AND TO ENUMERATE THE NECESSARY ADJUSTMENTS TO BE MADE IN THOSE CASES WHERE RECONSTRUCTION OF THIS PRICE FROM THE FIRST OPEN-MARKET PRICE IS DEEMED APPROPRIATE ;
WHEREAS FOR THE PURPOSE OF ENSURING A FAIR COMPARISON BETWEEN EXPORT PRICE AND NORMAL VALUE , IT IS ADVISABLE TO ESTABLISH GUIDELINES FOR DETERMINING THE ADJUSTMENTS TO BE MADE IN RESPECT OF DIFFERENCES IN PHYSICAL CHARACTERISTICS , IN QUANTITIES , IN CONDITIONS AND TERMS OF SALE , AND IN THE LEVEL OF TRADE AND TO DRAW ATTENTION TO THE FACT THAT THE BURDEN OF PROOF FALLS ON ANY PERSON CLAIMING SUCH ADJUSTMENTS ;
WHEREAS THE TERM " DUMPING MARGIN " SHOULD BE CLEARLY DEFINED AND THE COMMUNITY'S ESTABLISHED PRACTICE FOR METHODS OF CALCULATION WHERE PRICES OR MARGINS VARY CODIFIED ;
WHEREAS IT SEEMS ADVISABLE TO LAY DOWN IN ADEQUATE DETAIL THE MANNER IN WHICH THE AMOUNT OF ANY SUBSIDY IS TO BE DETERMINED ;
WHEREAS IT SEEMS APPROPRIATE TO SET OUT CERTAIN FACTORS WHICH MAY BE RELEVANT FOR THE DETERMINATION OF INJURY ;
WHEREAS IT IS NECESSARY TO LAY DOWN THE PROCEDURES FOR ANYONE ACTING ON BEHALF OF A COMMUNITY INDUSTRY WHICH CONSIDERS ITSELF INJURED OR THREATENED BY DUMPED OR SUBSIDIZED IMPORTS TO LODGE A COMPLAINT ; WHEREAS IT SEEMS APPROPRIATE TO MAKE IT CLEAR THAT IN THE CASE OF WITHDRAWAL OF A COMPLAINT , PROCEEDINGS MAY , BUT NEED NOT NECESSARILY , BE TERMINATED ;
WHEREAS THERE SHOULD BE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION BOTH AS REGARDS INFORMATION ABOUT THE EXISTENCE OF DUMPING OR SUBSIDIZATION AND INJURY RESULTING THEREFROM , AND AS REGARDS THE SUBSEQUENT EXAMINATION OF THE MATTER AT COMMUNITY LEVEL ; WHEREAS , TO THIS END , CONSULTATIONS SHOULD TAKE PLACE WITHIN AN ADVISORY COMMITTEE ;
WHEREAS IT IS APPROPRIATE TO LAY DOWN CLEARLY THE RULES OF PROCEDURE TO BE FOLLOWED DURING THE INVESTIGATION , IN PARTICULAR THE RIGHTS AND OBLIGATIONS OF THE COMMUNITY AUTHORITIES AND THE PARTIES INVOLVED , AND THE CONDITIONS UNDER WHICH INTERESTED PARTIES MAY HAVE ACCESS TO INFORMATION AND MAY ASK TO BE INFORMED OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT IS INTENDED TO RECOMMEND DEFINITIVE MEASURES ;
WHEREAS IT IS NECESSARY THAT THE COMMUNITY'S DECISIONMAKING PROCESS PERMIT RAPID AND EFFICIENT ACTION , IN PARTICULAR THROUGH MEASURES TAKEN BY THE COMMISSION , AS FOR INSTANCE THE IMPOSITION OF PROVISIONAL DUTIES ;
WHEREAS , IN ORDER TO