12.2 % AND SINCE THERE WAS SUFFICIENT EVIDENCE OF INJURY RESULTING FROM THEIR ENTRY FOR CONSUMPTION INTO THE COMMUNITY AND SINCE THE INTERESTS OF THE COMMUNITY CALLED FOR IMMEDIATE INTERVENTION IN ORDER TO PREVENT FURTHER INJURY BEING CAUSED DURING THE PROCEEDING , THE COMMISSION , BY REGULATION ( EEC ) NO 2182/80 ( 3 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN CHEMICAL FERTILIZER ORIGINATING IN THE UNITED STATES OF AMERICA ; WHEREAS ALLIED CHEMICALS CORPORATION HAD OFFERED AN ACCEPTABLE UNDERTAKING TO INCREASE ITS EXPORT PRICES AND WAS THEREFORE EXEMPTED FROM THE PROVISIONAL DUTY ; WHEREAS , SUBSEQUENT TO THE REEXAMINATION OF THE NORMAL VALUE , ALLIED CHEMICAL CORPORATION HAS RENOUNCED THIS UNDERTAKING ;
WHEREAS THE PERIOD OF VALIDITY OF THIS PROVISIONAL DUTY WAS EXTENDED FOR A PERIOD NOT EXCEEDING TWO MONTHS BY COUNCIL REGULATION ( EEC ) NO 3144/80 ( 1 );
WHEREAS IN THE COURSE OF THE SUBSEQUENT EXAMINATION OF THE MATTER , COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL ANTI-DUMPING DUTY , THE INTERESTED PARTIES HAD THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING , TO BE HEARD BY THE COMMISSION AND TO DEVELOP THEIR VIEWS ORALLY , 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 COMPLAINANTS AND MOST OF THE EXPORTERS AND IMPORTERS CONCERNED AVAILED THEMSELVES OF THESE POSSIBILITIES BY MAKING KNOWN THEIR VIEWS IN WRITING AND ORALLY ;
WHEREAS A NUMBER OF PRODUCERS AND EXPORTERS FROM WHOM THE COMMISSION HAD SOUGHT INFORMATION DURING THE PRELIMINARY INVESTIGATION NOW CAME FORWARD AND OFFERED TO PROVIDE THE INFORMATION ON NORMAL VALUE AND EXPORT PRICES ; WHEREAS , THEREFORE , THE COMMISSION DECIDED TO CARRY OUT INSPECTIONS AT THE PREMISES OF AGRICO CHEMICAL COMPANY ( TULSA ), KAISER ALUMINUM DOMESTIC AND INTERNATIONAL SALES CORPORATION ( SAVANNAH ), COLUMBIA NITROGEN CORPORATION ( AUGUSTA ) AND BCM INCORPORATED ( MEMPHIS ) AND TO CARRY OUT A FURTHER INSPECTION AT THE PREMISES OF ALLIED CHEMICAL CORPORATION ( MORRISTOWN ) IN ORDER TO UPDATE THE INFORMATION ORIGINALLY RECEIVED ; WHEREAS THE COMMISSION OBTAINED FURTHER INFORMATION FROM INTERNATIONAL ORE AND FERTILIZER CORPORATION ( NEW YORK ), TRANSCONTINENTAL FERTILIZER CORPORATION ( PHILADELPHIA ) AND FROM UNIFERT EUROPE SA , COMAGRI SA , ESSOCHEM BELGIU ,, UNIE VAN KUNSTMESTFABRIEKEN AND HELM DUENGEMITTEL GMBH WITHIN THE EEC ;
WHEREAS , IN SEEKING TO DETERMINE THE EXISTENCE OF DUMPING , THE COMMISSION COMPARED THE EXPORT PRICES TO THE COMMUNITY WITH THE NORMAL VALUE ; WHEREAS , FOR THOSE COMPANIES SELLING NITROGEN SOLUTION FERTILIZER ON THE US DOMESTIC MARKET , NORMAL VALUE WAS ESTABLISHED ON THE BASIS OF THEIR PRICES ON THE AMERICAN MARKET IN THE PERIOD FROM 1 JANUARY TO 30 SEPTEMBER 1980 EXCLUDING SALES THROUGH COMPANY-OWNED RETAIL OUTLETS , BECAUSE THESE SALES WERE NOT CONSIDERED TO BE AT THE SAME LEVEL OF TRADE AS EXPORT SALES TO EEC DISTRIBUTORS ;
WHEREAS FOR COLUMBIA NITROGEN CORPORATION , HOWEVER