GLS BULBS COVERED BY THE PROCEDURE AND THE PROFITABILITY OF THE GLS ELECTRIC LIGHT BULB INDUSTRY AS A WHOLE IS , THEREFORE , AT RISK ; WHEREAS , ALTHOUGH IT IS DIFFICULT TO CALCULATE EXACTLY THE NUMBERS EMPLOYED DIRECTLY IN THE MANUFACTURE OF THESE BULBS , THE BEST INFORMATION AVAILABLE SUGGESTS THAT THERE HAS BEEN A FALL FROM APPROXIMATELY 7 000 IN 1974/75 TO APPROXIMATELY 6 700 IN 1978/79 ;
WHEREAS THIS DECREASE CAN BE ATTRIBUTED NOT ONLY TO THE DUMPED IMPORTS , BUT ALSO TO INCREASED AUTOMATION ;
WHEREAS INJURIES CAUSED BY OTHER FACTORS WHICH COULD ADVERSELY AFFECT THE COMMUNITY INDUSTRY , SUCH AS THE VOLUME AND PRICES OF OTHER IMPORTS , OR STAGNATION OF DEMAND , HAVE BEEN EXAMINED , AND ANY ADVERSE EFFECTS CAUSED BY THESE FACTORS HAVE NOT BEEN ATTRIBUTED TO THE IMPORTS UNDER CONSIDERATION ;
WHEREAS , IN VIEW OF THE FOREGOING , THE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THAT DUMPING EXISTS , AND THAT THERE IS SUFFICIENT EVIDENCE OF CONSEQUENT INJURY ;
WHEREAS THE COMMISSION , AFTER HAVING EXAMINED THE COMMUNITY PRODUCERS ' AND IMPORTERS ' PRICES , COSTS , PROFITABILITY AND MARKETING CONDITIONS , HAS DETERMINED THE IMPORT PRICES NECESSARY TO ELIMINATE THE INJURY CAUSED ;
WHEREAS THE EXPORTERS AND AGENTS CONCERNED WERE INFORMED OF THE MAIN FINDINGS OF THE PRELIMINARY INVESTIGATION AND COMMENTED ON THEM ; WHEREAS UNDERTAKINGS WERE CONSEQUENTLY OFFERED CONCERNING IMPORTS FROM CZECHOSLOVAKIA , ( KOVO FOREIGN TRADE CORPORATION , PRAGUE ), THE GERMAN DEMOCRATIC REPUBLIC ( HEIM-ELECTRIC VOLKSEIGENER AUSSENHANDELSBETRIEB , BERLIN ), HUNGARY ( TUNGSRAM UNITED INCANDESCENT LAMP AND ELECTRICAL CO ., BUDAPEST ), AND POLAND ( UNITRA FOREIGN TRADE COMPANY , WARSAW );
WHEREAS THE EFFECT OF THE SAID UNDERTAKINGS WILL BE TO INCREASE IMPORT PRICES INTO THE COMMUNITY TO A LEVEL NECESSARY TO ELIMINATE INJURY ; WHEREAS THE SAID INCREASES TAKE ACCOUNT NOT ONLY OF THE DIFFERENCES NOTED IN THE COURSE OF INVESTIGATIONS BETWEEN THE PRICES CHARGED BY THE VARIOUS EXPORTING COUNTRIES , BUT ALSO OF THE PARTICULAR SITUATION OF THE INDUSTRY IN THE DIFFERENT MEMBER STATES ; WHEREAS THESE INCREASES IN NO CASE EXCEED THE DUMPING MARGIN AND ARE GENERALLY BELOW THIS LEVEL ;
WHEREAS THE COMMISSION HAS , THEREFORE , DETERMINED THAT IT IS NOT NOW NECESSARY TO TAKE PROTECTIVE ACTION IN RESPECT OF IMPORTS FROM COUNTRIES HAVING ENTERED INTO SUCH UNDERTAKINGS ;
WHEREAS THE COMMISSION WILL ENSURE THAT THE UNDERTAKINGS ARE STRICTLY COMPLIED WITH , IN PARTICULAR BY CARRYING OUT PERIODICALLY THE NECESSARY CHECKS AND INSPECTIONS ;
WHEREAS THE DECISION TO ACCEPT THESE UNDERTAKINGS MAY BE RECONSIDERED SHOULD THE COMMISSION DISCOVER THAT THEY ARE FAILING TO ELIMINATE THE INJURY ;
WHEREAS IN THESE CIRCUMSTANCES , THE UNDERTAKINGS OFFERED ARE CONSIDERED ACCEPTABLE AND THE PROCEEDINGS MAY THEREFORE BE TERMINATED WITHOUT IMPOSITION OF ANTI-DUMPING DUTIES ,
HAS DECIDED AS FOLLOWS :
ARTICLE 1
THE COMMISSION HEREBY ACCEPTS THE UNDERTAKINGS GIVEN IN CONNECTION WITH THE ANTI-DUMPING PROCEEDINGS CONCERNING FILAMENT LAMPS FOR LIGHTING EXCEEDING 28 VOLTS ( 1 ), ORIGINATING IN CZECHOSLOVAKIA , THE GERMAN DEMOCRATIC REPUBLIC