OBJECTION OF INADMISSIBILITY CLAIMING THAT THE CONTESTED MEASURE IS A REGULATION AND THAT THE APPLICANTS ARE THEREFORE NOT ENTITLED TO REQUEST ANNULMENT OF IT UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY . IT CLAIMS THAT IN THE PRESENT CASE THIS IS NOT A DECISION ADOPTED IN THE FORM OF A REGULATION SINCE REGULATION NO 1778/77 IN FACT CONSTITUTES A GENERAL RULE WHICH AFFECTS ALL THE PRODUCTS IN QUESTION ORIGINATING IN JAPAN AND WHICH MUST , ACCORDING TO ARTICLE 19 ( 1 ) OF REGULATION NO 459/68 OF THE COUNCIL OF 5 APRIL 1968 ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 80 ), BE ADOPTED IN THE FORM OF A REGULATION .
5THE APPLICANTS REPLY THAT THE CONTESTED MEASURE , ALTHOUGH DRAFTED IN ABSTRACT TERMS , IN FACT AFFECTS ONLY THE FIRST APPLICANT AND THREE OTHER JAPANESE UNDERTAKINGS WHICH PRODUCE THE PRODUCTS IN QUESTION ( HEREINAFTER REFERRED TO AS ' ' THE MAJOR PRODUCERS ' ' ), AS WELL AS THEIR SUBSIDIARIES IN THE COMMUNITY . THE PRELIMINARY INVESTIGATION CARRIED OUT BEFORE THE ADOPTION OF REGULATION NO 1778/77 WAS LIMITED TO INQUIRIES MADE FIRST AT THE PREMISES OF THE EUROPEAN SUBSIDIARIES AND THEN AT THE PREMISES OF THE MAJOR PRODUCERS IN JAPAN . THE SPECIFIC NATURE OF THE MEASURE IS CONFIRMED BY THE FACT THAT ARTICLE 1 ( 2 ) THEREOF SUSPENDS THE APPLICATION OF THE IMPOSED ANTI-DUMPING DUTY ON THE GROUND , STATED IN THE PENULTIMATE RECITALS IN THE PREAMBLE , THAT THE FOUR MAJOR JAPANESE PRODUCERS HAVE GIVEN UNDERTAKINGS TO REVISE THEIR FUTURE PRICES . THIS SPECIFIC NATURE IS ALSO CONFIRMED BY ARTICLE 3 OF REGULATION NO 1778/77 WHICH PROVIDES FOR THE COLLECTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY ONLY AS REGARDS THE PRODUCTS MANUFACTURED AND EXPORTED BY THE MAJOR PRODUCERS . THE CONTESTED MEASURE THEREFORE CONSTITUTES A DECISION WHICH AFFECTS ONLY THE MAJOR PRODUCERS AND THEIR SUBSIDIARIES AND MUST THEREFORE BE CONSIDERED TO BE A DECISION CONCERNING THEM ADOPTED IN THE FORM OF A REGULATION .
6BEFORE COMMENCING THE EXAMINATION OF THE ADMISSIBILITY OF THE APPLICATION , IT SHOULD BE STATED THAT NACHI AND ITS SUBSIDIARIES ARE SUFFICIENTLY CLOSELY ASSOCIATED FOR THE COMMISSION TO HAVE CONSIDERED , DURING ITS EXAMINATION OF THE MATTER , THAT IT WAS NECESSARY TO APPLY TO THEM THE SPECIAL PROVISIONS CONCERNING EXPORT PRICES LAID DOWN IN ARTICLE 3 ( 3 ) OF THE BASIC REGULATION , REGULATION NO 459/68 . IN THESE CIRCUMSTANCES THERE IS NO NEED , AS REGARDS THE QUESTION WHETHER THE CONTESTED MEASURE IS OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANTS , TO MAKE A DISTINCTION IN RELATION TO THEM BETWEEN PRODUCERS ON THE ONE HAND AND IMPORTERS ON THE OTHER .
7REGULATION NO 1778/77 CONTAINS ESSENTIALLY THREE PROVISIONS :
- ARTICLE 1 IMPOSES A DEFINITIVE ANTI-DUMPING DUTY OF 15% ON THE PRODUCTS IN QUESTION