WITH THE EXCEPTION OF THOSE RELATING TO BURLINGTON INDUSTRIES INC . AND TEXFI INDUSTRIES INC ., ARE THEREFORE TO BE REGARDED AS DEFINITIVE ;
WHEREAS THE INFORMATION SUPPLIED BY BURLINGTON INDUSTRIES INC . INDICATES , HOWEVER , THAT FOLLOWING AN INCORRECT ASSESSMENT OF CERTAIN TRANSPORT COSTS AND GENERAL OVERHEADS BORNE BY BURLINGTON ( IRELAND ) LTD , THE WEIGHTED AVERAGE DUMPING MARGIN ESTABLISHED FOR THAT COMPANY WHEN THE PROVISIONAL DUTY WAS DETERMINED SHOULD BE REDUCED AND THAT THE MARGIN TO BE REGARDED AS DEFINITIVE IS 0.64 % ; WHEREAS , HOWEVER , FRESH PARTICULARS SUPPLIED BY TEXFI INDUSTRIES INC . INDICATE THAT THE NORMAL VALUE OF THAT COMPANY ' S EXPORTS WAS OVERESTIMATED AND THAT ACCORDINGLY THE DUMPING MARGIN TO BE REGARDED AS DEFINITIVE IS 0.61 % ;
WHEREAS A FURTHER EXPORTER , HOW INDUSTRIES LTD , ABERDEEN , NORTH CAROLINA , WHICH HAD NOT MADE ITSELF KNOWN BEFORE THE PROVISIONAL ANTI-DUMPING DUTY WAS IMPOSED , HAS ASKED THE COMMISSION TO BE EXEMPTED FROM THE DUTY ON THE GROUNDS THAT ITS EXPORTS TO THE COMMUNITY HAD NOT BEEN DUMPED ;
WHEREAS , IN ORDER TO ESTABLISH WHETHER THAT COMPANY HAD PRACTISED DUMPING , THE COMMISSION RECEIVED FROM IT ALL THE NECESSARY INFORMATION ; WHEREAS THE INVESTIGATION SHOWED THAT THE AVERAGE PRICES FOR TEXTURED POLYESTER FABRICS SOLD BY THE MANUFACTURER IN QUESTION ON THE DOMESTIC MARKET HAD BEEN LESS , OVER THE PERIOD COVERED BY THE INVESTIGATION I.E . THE 1980 CALENDAR YEAR , THAN THE FIXED AND VARIABLE COSTS ORDINARILY INCURRED IN THE COURSE OF THEIR PRODUCTION ; WHEREAS THE NORMAL VALUE WAS THEREFORE CONSTRUCTED BY THE ADJUSTMENT OF PRICES BELOW COST OF PRODUCTION , IN ORDER TO ELIMINATE LOSSES AND PROVIDE FOR A REASONABLE PROFIT ; WHEREAS THE COMMISSION CONSIDERED THAT THE FIGURE OF 5 % CHOSEN AT THE PROVISIONAL DETERMINATION COULD BE REGARDED AS A REASONABLE PROFIT ;
WHEREAS THE COMMISSION COMPARED THE NORMAL VALUE THUS ESTABLISHED TO THE PRICES ACTUALLY PAID FOR THE LIKE PRODUCTS SOLD FOR EXPORT TO THE COMMUNITY OVER THE SAME REFERENCE PERIOD ; WHEREAS THESE COMPARISONS WERE CARRIED OUT AT THE EX-FACTORY LEVEL ; WHEREAS THESE EXPORT PRICES WERE ADJUSTED WHERE NECESSARY , TO TAKE ACCOUNT OF THE PHYSICAL CHARACTERISTICS OF THE PRODUCT SUCH AS YARN AND FINISH , AND CONDITIONS AND TERMS OF SALE ;
WHEREAS THE INVESTIGATION CONCERNING HOW INDUSTRIES LTD REVEAL THAT THE COMPANY ' S PRICES FOR EXPORTS TO THE COMMUNITY WERE LOWER THAN THE NORMAL VALUE AND THAT THE AVERAGE DUMPING MARGIN IS 3.9 % ; WHEREAS THIS EXPORTER WAS INFORMED OF THE PRINCIPAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT WAS INTENDED TO RECOMMEND A DEFINITIVE DECISION ;
WHEREAS , SINCE IT ADOPTED REGULATION ( EEC ) NO 1337/81 , THE COMMISSION HAS NOT RECEIVED ANY INFORMATION CONCERNING INJURY TO COMMUNITY PRODUCTION WHICH COULD LEAD IT TO REVISE ITS CONCLUSIONS ON THAT SUBJECT AS SET OUT IN THAT REGULATION ; WHEREAS THE COMMISSION HAS THEREFORE CONCLUDED DEFINITIVELY THAT THE DUMPED IMPORTS HAVE CAUSED MATERIAL INJURY