, IN THE COURSE OF THE SUBSEQUENT INVESTIGATION OF THE MATTER , COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL ANTI-DUMPING DUTY , NO ADDITIONAL INFORMATION HAS BEEN RECEIVED FROM THE INTERESTED PARTIES AND NO FURTHER ARGUMENTS HAVE BEEN ADVANCED ;
WHEREAS THE SUBSEQUENT EXAMINATION HAS NOT REVEALED ANY ELEMENTS WHICH WOULD WARRANT A CHANGE IN THE CONCLUSIONS REACHED DURING THE PRELIMINARY EXAMINATION OF THE MATTER ;
WHEREAS , UNDER THESE CIRCUMSTANCES , THE CALCULATIONS AND DETERMINATIONS WITH RESPECT TO DUMPING AND INJURY REMAIN UNCHANGED ;
WHEREAS THE PROTECTION OF THE COMMUNITY ' S INTERESTS CALLS FOR THE DEFINITIVE COLLECTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY IN RESPECT OF LIGHT SODIUM CARBONATE AND FOR THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY ; WHEREAS THE AMOUNT OF THIS DUTY SHOULD CORRESPOND TO THE AMOUNT OF THE PROVISIONAL DUTY WHICH CORRESPONDED TO THE AMOUNT BY WHICH THE IMPORT PRICE WAS LESS THAN US DOLLARS 105.10 ;
WHEREAS , HOWEVER , THE COLLECTION OF THIS DUTY ON THE BASIS OF THE FREE-AT-FRONTIER PRICE OF THE IMPORTING MEMBER STATE HAS CREATED TECHNICAL DIFFICULTIES , SO THAT IT APPEARS APPROPRIATE TO BASE IT IN FUTURE ON A FREE COMMUNITY FRONTIER PRICE ; WHEREAS THIS WILL HAVE NO SIGNIFICANT CONSEQUENCES WITH RESPECT TO THE AMOUNT OF THE DUTY TO BE COLLECTED ;
WHEREAS , IN ORDER TO AVOID EVASION OF THE ANTI-DUMPING DUTY , IT IS NECESSARY TO PROVIDE FOR AN ALTERNATIVE PROCEDURE FOR THE CALCULATION OF THE DUTY FOR CASES WHERE THE PRODUCT IS NOT ENTERED FOR FREE CIRCULATION BY THE FIRST PURCHASER IN THE COMMUNITY ;
WHEREAS THE UNDERTAKINGS GIVEN BY THE EXPORT ORGANIZATIONS IN BULGARIA , THE GERMAN DEMOCRATIC REPUBLIC , POLAND AND ROMANIA HAVE SATISFIED THE COMMISSION THAT THE INTRODUCTION OF PROTECTIVE MEASURES WITH RESPECT TO PRODUCTS ORIGINATING IN THESE COUNTRIES IS UNNECESSARY AT PRESENT ;
WHEREAS THE SOVIET EXPORT ORGANIZATION HAS NOT OFFERED SUCH AN UNDERTAKING ;
WHEREAS , UNDER THESE CIRCUMSTANCES , IT IS APPROPRIATE TO EXCLUDE THE EXPORTING COUNTRIES FROM WHICH VOLUNTARY UNDERTAKINGS WERE RECEIVED FROM THE APPLICATION OF THE DUTY AND TO ENSURE ITS APPLICATION AGAINST EXPORTS FROM THE SOVIET UNION , IN ORDER BOTH TO NEUTRALIZE THE INJURY CAUSED BY THOSE EXPORTS AND TO ASCERTAIN THAT THE STABILIZATION OF THE MARKET SOUGHT BY THE ACCEPTANCE OF THESE UNDERTAKINGS IS NOT UNDERMINED BY FURTHER DUMPED IMPORTS FROM THE SOVIET UNION , TO THE DISADVANTAGE OF THE COMMUNITY PRODUCERS AND THE EXPORTERS WHO OFFERED SUCH UNDERTAKINGS ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . A DEFINITIVE ANTI-DUMPING DUTY IS HEREBY IMPOSED ON LIGHT SODIUM CARBONATE , FALLING WITHIN SUBHEADING EX 28.42 A II OF THE COMMON CUSTOMS TARIFF , CORRESPONDING TO NIMEXE CODE EX 28.42-31 AND ORIGINATING IN THE SOVIET UNION .
2 . WITHOUT PREJUDICE TO PARAGRAPH 4 , THE AMOUNT OF THE DUTY SHALL BE EQUAL TO THE AMOUNT BY WHICH THE PRICE , FREE COMMUNITY FRONTIER , BEFORE DUTY , PER TONNE NET , TO THE FIRST PURCHASER IN THE CUSTOMS TERRITORY